عدالت به مثابه قاعده فقهي و حقوقي

JUSTICE AJURIDICAL AND LEGALPRINCIPLE

The main question is that could a jurist refer to" the justice pnnciple", especially in case of muteness, incompletion. orconflict on the part of the existing laws. In this writing which seeks to answerthe question, after a brief allusion to the dignity and value of justice, and of its principle, and then a excursus on "the principleʹs reasons", we have discussed that in the Islamic jurisprudence, law, political philosophy, justice is "criterion." a "ground, "and a "goal.ʹ Then, we have answered a second question: "have jurists and lawyers, in their juridical ideas, ever addressed the very topic of "justice principle" or other similar topics as: "pure justice," "fairness," "transcendent justice, II "common justice." "common - sense justice," "justice and wisdom," "the Shariahʹs objectives," "the Shariah - makerʹs goals." and so on; and have they referred to the principle in their "inference and ejtebiid"] In a brier search, we have found around eightyfetuas. or legal opinions, in which the jurist, or the lawyer. has proceeded to issue his [etua. or his opinion, on the basis ofthe justice principle. TheseJetuas, and opinions, can be highly important in demonstrating "justice" as a legal and juridical principle.