عنوان مقاله [English]
According to the written legacy of Islamic jurisprudence many jurisprudential rulings are subject to justice. This fact highlights the importance and necessity of the definition and concept of jurisprudential justice. Hence, the jurists of Islamic religions (shiye, Maleki, Hanafi, Shafeyi and Hanbali) have commented on many different terms of justice in jurisprudence. As aresult, the Islamic jurisprudence literature has many definitions of jurisprudential justice. The following text seeks to define justice in Islamic jurisprudence. And the difference between these definitions is the actual and the real one, and it is also apparent and complex. And this sets the bench mark with a pragmatic approach of this speculation. That the seemingly different definitions of justice in Islamic jurisprudence literature is the product of a manner of expression and harmony with literature prevalent in any jurisprudential religion and is based on the explanations of the jurisprudents of each Islamic religion (Shiye, Maleki, Hanafi, Shafeyi and Hanbali). It has been written in the most important definitions of jurisprudential justice that are analyzed in the jurisprudential books. And at the end of the study, that all the definitions are stated for jurisprudential justice in Islamic religions have convergent and coherent in a single sense are pulling the result. Therefore justice in Islamic jurisprudence literature has only one meaning. Avoidance of obligations, avoidance of cabaret and insistence on the perpetrators. The disagreement about whether justice is the attribute of the soul or the attribute of the verb is complicated with a posterior. It is out of the essence of jurisprudential justice. But it can be said that in some cases such as dealings and transactions, minimum of carnal justice of witnesses is considered and in others such as judgment, limit punishments and retaliation, maximum of carnal justice is considered.
21- ابن فهد، احمدبنمحمد بن فهد اسدی (1412). المهذب البارع فی شرح المختصر النافع. قم: مؤسسه نشر اسلامی.