Explaining the Position of Social Justice in Contract Law from the Perspective of the Verses of the Holy Quran and the Hadiths of Ahl al-Bayt

Document Type : Research Article

Authors

1 PhD student in law, Urmia Branch, Islamic Azad University, Urmia, Iran.

2 Assistant Professor, Department of Law, Urmia Branch, Islamic Azad University, Urmia, Iran.

3 Assistant Professor, Department of Law, Urmia Branch, Islamic Azad University, Urmia, Iran

10.30497/qhs.2024.246719.3997

Abstract

The issue of justice has always been a subject of discussion and is one of the most important concepts in the social yard. In contract law, the issue of justice is also very important. Examining Islamic texts shows that Islamic traditions and sources contain many words about social justice. The purpose of this research is to analyze social justice in contract law with an emphasis on the Quran and Islamic principles. The method of this research was based on document analysis and library texts. From the point of view of the philosophy of law, justice means providing the exact amount of each person's rights and it is achieved without the interference of individuals. From a more practical point of view, it can be said that it is necessary to balance the rights of the parties in the exchange contract, and if this balance is disturbed, it should be compensated by other legal principles. This theory is acceptable in Iranian law based on the rule of loss of sale before receipt and legal options, and it is obvious that the acceptance of this theory is a kind of protection of the balance of the rights of the parties to the exchange contract, which is hard to find among legal schools and thinkers in this field today. is attention In Islamic texts, there is respect for justice in the verses of the Holy Qur'an (Maedah: 8) and the standard and measure of jurisprudence is set in the chain of causes of justice, and business jurisprudence is no exception to this rule, and even justice has a place beyond a jurisprudence rule It can be assumed.

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Main Subjects

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Quran and Hadith Studies‎
Volume 18, Issue 1 - Serial Number 35
Autumn 2024 & Winter 2025
September 2024

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