Document Type : Original Article
Authors
1
phd student, Department of Law, Naraq Branch, Islamic Azad University, Naraq, Iran.
2
Assistant Professor, Department of Jurisprudence and Law, Islamic Azad University, Naraq Branch, Tehran, Iran.
3
Assistant Professor, Department of Law, Naraq Branch, Islamic Azad University, Naraq, Iran.
10.30510/psi.2022.356472.3844
Abstract
This research aims to examine the jurisprudential and legal foundations of the theory of compensatory justice in Imamiyyah jurisprudence and seeks to answer the question that what is the approach of Imamiyyah jurisprudence regarding the nature of such justice and how far has the Shariah given credit and value to the principle of sovereignty of the will? The results of the research show that by referring to the verses of the Qur'an regarding the observance of justice (Maedah: 8) and accepting the fact that justice is the standard and measure of jurisprudence and in the chain of causes of rulings, and the jurisprudence of transactions is not an exception to this rule, it is possible for justice considered a position beyond a jurisprudential rule. In addition, in Imamiyyah jurisprudence, morality also has a great contribution in regulating social relations, including contractual relations; Therefore, it cannot be claimed that assigning the principle of validity and necessity of contracts by adhering to the general rule of justice is a confusion of moral and legal issues, and in principle, creating such a buffer between ethics and jurisprudence is a kind of violation of justice itself. It should be noted that justice in the language of Imamiyyah jurists is mostly based on definition. This means that any agreement that is an example of the realization of injustice is considered cruel and is condemned to be annulled, terminated or modified.
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