terminology of justice in imamiyyah jurisprudence

نویسندگان

زین العابدین نجفی

استادیار فقه و مبانی حقوق مجتمع آموزش عالی شهید محلاتی

چکیده

imamiyyah jurisprudents have given various views on the meaning of justice. generally viewed, their deference can be proposed in three essential fields: 1- those jurisprudents like sheikh ansari and imam kkomeini have known justice as a fully rooted and stable property, malakah; while some like vahid behbahani and the late khoyi have disagreed with them and known their view of many objections; 2- on the famous view of jurisprudents, small sins not being insisted on cannot be counted as a breach against justice; while some like sheikh abdolkarim ha`iri and the late khoyi have known small sins against justice absolutely; 3- it has been well-known for recent jurisprudents to consider compassion as an essential part of meaning in justice, while some like the author of jawahir and imam khomeini disagree with it as a condition of justice. this paper, studying the proofs of the problem in quranic verses, traditional and principles and the proofs of the jurisprudents, has proved firstly that justice is malakah, secondly that small sins do not break justice and secondly that compassion cannot be counted a condition for justice.

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انسان پژوهی دینی

جلد ۹، شماره ۲۸، صفحات ۱۴۱-۱۷۰

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