عنوان مقاله [English]
Islamic Ahkam is the most important source of legislation in Islamic government. Moreover, one of the crucial goals of Islamic government is to run in justice. In this article, four key roles of justice in legislation are proposed by addressing fundamental questions; first, is the conceptual justice is required in legislation and does the justice along with Islamic Ahkam contributes to make any concern independent of running the Ahkam for the legislator? Second, what is the role of justice in determining the Fatwa benchmarks in legislation? Third, what is the role of justice in making a juridical rule legal? In other words, what we should do if making a juridical rule seems cruelly in a certain time and under certain circumstances? And, what we should do to face that. Fourth and finally, what is the state of the justice when it contradicts other goals of the government and the Shariah?
This article is based on analysis and Velayat of a jurisprudent (Faghih). Sonny jurisprudence (Fighh) and law-related topics do not play a key role in this article. This topic is one of the legislation jurisprudence (Fighh).