مبدأ العدالة في الفقه الامامي

Principle of justice in Islamic jurisprudence

The researcher arrived _ after this scientific trip _ to a number of results that the search results are as follows:

1_ the study of justice and understanding it is important necessary and essential it is related to many verdicts _ and it is a condition of their validity _ that have something to do with our daily lives such as (prayer _ zakat_ hajj _ divorcement …ECT)

2_ the concept of justice and its emergence turned out to be as ancient as man’s history and the mission of the prophets (peace be upon them) and that is because of the urgent need of the mankind for it

3_ the concept of justice in Islam is not concise and limited to a particular topic but it deals with a variety of doctrinal, ideological and political topics .

4 _ We found that the concept of Justice from jurisprudential perspective is the adherence to piety i.e. avoiding the Grievous sins and not to insist on venial sins

5_ The holy Quran and Prophetic Tradition have attached great impotence-by word and deed to the concept of justice. The concept of Justice represented in person by the prophet Muhammad Al-Mustafa (s) and his holy progeny (put) as well as by Grand scholars and marajas throughout the long history of Hawza

6_ The grand scholars held different views regarding the division of the sins. According to the early scholars, they are one partition, i.e. all the sins are Grievous sins whereas the latter scholars divided the sins into two divisions Grievous sins and not to insist on venial sins 7_The grand scholars held different views venial sins undermines the person’s justice it does whereas the others said it does not

8_ As we see justice has different facets such as the piety common knowledge that triggers suspicion, and justice in absolute sense.etc.

9_ Justice is one of the important conditions that must be met in a number of acts of worship such as prayer. As Justice is one of the conditions that a person who leads the prayer should have. It is also present in fasting since it achieves kind of social justice as the poor receive some of fasting financial resources. Justice is presents in zakat as well since the entitled persons to receive zakat must be just

10_Justice is an essential condition in commercial and civil acts or dealings under Islamic law as is the case in will (wasiyya). Justice was required as a prerequisite for the witness to a will as well as for witness to a debt it is an essential condition that guardian of the children who still cannot use their money. It is also an important condition in doing Justice between wives

11 _justice is an essential condition in prescribed penalties and in some positions for justice is a prerequisite for witnesses to take their testimony it is also an important prerequisite for mujtahid and judge _and our last prayer is that praise be to god lord of the worlds and may Allah bless Muhammad and the good news of the good ones