The principle of justice as a legal jurisprudence principles of the family

Subject Areas : Nameh Elahiyat

Zakiyeh Mohammadi ¹ , Fahimeh Malekzadeh ² , younes vahed yarijan ³

1 - PhD student, Department of Fiqh and Fundamentals of Islamic Law, North Tehran Branch, Islamic Azad University, Tehran, Iran
2 - Assistant Professor, Department of Law, North Tehran Branch, Islamic Azad University, Tehran, Iran (Corresponding Author)
3 - Assistant Professor, Department of Fiqh and Fundamentals of Islamic Law, North Tehran Branch, Islamic Azad University, Tehran, Iran

Received: 2022-09-07 Accepted : 2022-11-23 Published : 2022-08-23

Keywords: Family, Rationality, justice, jurisprudence-legal principle, family jurisprudence system,

Abstract :

Specific characterstics of family institution required it to have a certain legal system .It's neccessary for an efficient system in a field of law to have rational foundations. on the other hand resistance against external objections for developing rational changes in legal system needs principels which prevent from such a distortion . Such a function for principels of jurisprudence principels requires that they be defined as general propositions which are considered in all fields of jurisprudence and law and are considered as adjudicate( Ifta) and legislation .. Considering their generality or comperhensiveness , they can be categorized in three level. The first level of the principels is justic that should be xalled Asl al-Osul . The second level are other general principels such as freedom or proportionality of formation and legislation .The third level is principles such as the man's integrity or the financial independence of the couple each of which is a branch of their previous levels.The infere must move in the course of his inference in a way that does not violate these principles. However there may appear conflicts between principles which should be resolved based on the expediency of these conflicts.The ruling principles of the family jurisprudence system are inferred and extracted and applied through narrative and intellectual sourceskey words: Principle, jurisprudence-legal principle, family, family jurisprudence system, justice, rationality