نوع مقاله : مقاله پژوهشی
نویسنده
رئیس پژوهشکده فقه و حقوق پژوهشگاه علوم و فرهنگ اسلامی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The primary indication of arguments justifies the Principle of Justice. Application of the Principle of Justice, regarding the existence or absence of the designated ruling, is one of the most challenging subjects which studies the existence of impediment against this justification. The implementation of the Principle of Justice regarding undesignated cases depends on the competency of this principle in deducting the rulings. Studying the evidences of this principle asserts it's inadequacy for deducting the rulings. Nevertheless, there are jurists who deduct some rulings based on this principle. Regarding the specified and designated cases, where there is a conflict between justice—as a referent in the Principle of Justice—and a specified ruling, the authority of justice in deducting the ruling is proscribed. Although, where the conflict is between Justice and the generality or the absoluteness of a designated ruling, this principle is adequate to negate the generality and absoluteness of that ruling.
کلیدواژهها [English]
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