پژوهشنامه حقوق اسلامی (Feb 2008)
A Consideration on \"the Relation of Law and Justice\" with special Focus on Islamic Law
Abstract
Justic is among the primary and foremost concerns of human being which has preoccupied him in various fields of life and numerous aspects such as Philosophical, theological political, woral, and legal justice.The present article gives an analytical and very concise report of legal justice, especially the relation of law and justice from Islamic perspective. However, easy and reasonable access to this ideal requires dealing with the relation of law and justice from other perspectives.Thus, the prelude discusses the position of justice in the philosophy of law. The main introduction explains justice as the concern of legal schools followed by the perspective of the schools of natural law and positivist law concerning justice. Finally, having raised the Islamic outlines of justice, the article deals with the features of legal justice in Islam and its effects.The article concludes with the point that although justice is definitely one of the foundations and rather one of the objectives of Islamic law, it is not the only foundation or the sole goal of this system. Thus, it is necessary to attend to other foundations and goals while evaluating haws and rules.
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