عنوان مقاله [English]
The main question is that could a jurist refer to" the justice principle", 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 principle's reasons", we have discussed that in the Islamic jurisprudence, law, political philosophy, justice is "criterion," a "ground, "and a "goal."
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," "common justice," "common – sense justice," "justice and wisdom," "the Shariah's objectives," "the Shariah - maker's goals," and so on; and have they referred to the principle in their "inference and ejteb?d"?
In a brief search, we have found around eighty fetuas, or legal opinions, in which the jurist, or the lawyer, has proceeded to issue his fetua, or his opinion, on the basis of the justice principle. These fetuas, and opinions, can be highly important in demonstrating "justice" as a legal and juridical principle.