كليدواژه :
فتوا , عدالت به مثابه قاعده , عدالت , عدل برتر , اجتهاد , انصاف
چكيده لاتين :
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.
