Analysis of justice practices in the process of inference based on several fatwas of Shaz Ayatollah Sanei

فقه و اصول

Articles in Press, Accepted Manuscript, Available Online from 07 November 2023   

Document Type: Original Article

DOI: 10.22067/jfiqh.2023.83220.1605

Authors

Sayed Reza Mousavi vaez¹; Mohammadtaghei Fakhlaei^{* 2}; Hossein Naseri Moghadam³

¹PhD student of Ferdowsi University of Mashhad

²Professor at Ferdowsi University of Mashhad

³Ph.D. , Professor, Ferdowsi University of Mashhad

Abstract

The existence of many verses and narrations on the subject of justice and installments can be the foundation of the jurisprudential rule of justice, but the jurists' doubts about whether custom and reason are capable of distinguishing examples of justice as other jurisprudential concepts have prevented this rulemaking. Among contemporary jurists, Ayatollah Sheikh Yusuf Sanei, with a different jurisprudential thought, has given a privileged role to justice in his conclusions, to the extent that his interpretation of justice has become the source of the most challenging jurisprudential opinions and fatwas, which by his own admission, sometimes in front of There are several authentic traditions or the consensus of jurists of different religions.

In this research, by using the descriptive and analytical method, the application of justice in the process of inference from the analysis of their specific fatwas has been analyzed and the hidden and hidden foundations of these fatwas have been identified. Finally, contrary to common critical analyzes that generally eradicate laxity or homogenization and equality, this fatwa is considered to be in opposition to the popular view in matters related to medicine and the conditions that make it conditional in opposition to mutual understandings. Identifiable has been introduced

Keywords

Jurisprudential justice; rule of justice; application of justice in inference; Ayatollah Sanei

References