Situation of Justice as Juridical Principle In Islamic Religion
- Author:
- Mahdiyeh Miyanmahalleh
- Level:
- Master
- Subject(s):
- Fiqh religions
- Language:
- Farsi
- Faculty:
- Faculty of Islamic Denominations
- Year:
- 2013
- Publisher:
- URD Press
- Supervisor(s):
- Seyyed Mohsen Fattahi
- Advisor(s):
- Hassanali Aliakbarian
Nowaday some researchers pay attention to justice as juridical principle of justice for enriching the jurisprudence and bringing it out from isolation in order to more efficiency of the jurisprudence. The attention might be lead to surmount obstacles in executing phase. They have new point of view of justice and usage of it in all realms of jurisprudence, to transform justice as juridical principle of justice in order to settle elicitation of Islamic orders that is based on it. Acording to researchers Juridical principle of justice is extensive principle that uses in all realms of jurisprudenc and some of them believe that the principle be able to extinct some Islamic orders. In this dissertation I have attempted to prove that justice and negation of injustice have effective role in evaluating of juridical orders and prefering one obligation to another. also I want to prove that justice has qualifications for considering as juridical principle and as one of the aims of Islamic tradition that be able to dominate to another Islamic orders. Therefore to give response to the aims should search foundations of justice and find authority of recognition of it in jurisprudence. in conclusion important of effectiveness of juridical principle of justice in elicitation of legal orders in Islamic tradition gives special prominence to it, as far as might be told it has supremacy on first orders. The supremacy plays clear role to solve contradiction of legal orders٫ to limit evidences, and to use as criterion for executing legal orders in society. Therefore it has role more than wisdom role. To state examples of jurisprudence in Islamic religions shows extention of juridical principle of justice and this matter help us to consider justice as juridical principle.