نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار گروه حقوق خصوصی دانشگاه امام صادق(ع)
2 دانشآموخته¬ دکتری رشته¬ معارف اسلامی، فقه و حقوق دانشگاه امام صادق(ع)
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Justice is the Primary objective of any religion or government including the Islamci Republic of Iran. However, the main point here is the way of knowing the extensions of justice. Is it possible for man to know all extensions of justice especially those referring to the Divine Law?
The methodology of deduction of Islamic regulations is one that helps us to get close to the just rule in cases we do not have certain knowledge of legal rules. Thus practicing such a rule would be sufficient proof before the Almighty Allah.
There are a lot of Quranic verses and traditions concerning justice, social justice, and equity. Should we refer to the custom and the common sense of reasonable men to recognize the extensions of the above – mentioned concepts as is the case for other religious concepts? What is the analysis of the great Muslim jurisprudents concerning this issue throughout the history of jurisprudence? A large number of Quranic verses and traditions seem to deal with the issue of implementation of the clear extensions of justice and social justice while some of them explain the foundations of justice, i-e. knowledge and truth. Therfore, we can refer to the crit eria of custom and common sense for recognition of the extensions of justice and social justice towards deduction of legal rules only in cases that the outcome of the above two conform to the fourth source of Shariah i.e. intellect. Thus it is necessary for them to recognize the extensions with certainty.
کلیدواژهها [English]
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