نوع مقاله : علمی تخصصی
عنوان مقاله [English]
Some know justice and equal division as a general rule that is executed about dubious property between two persons. Justice and equal division are counted as a juridical-financial rule. They knew the Book, tradition, and the wise manner as reasons for this rule, but each of them has some problems. The verses by way of stating are not to enact the rule, and the mooted traditions for the rule have documentary problems or have not generality. From these traditions you cannot gain any general rule, either. The wise manner is not clear and intellect's judgment is answered.
With accepting the rule, some know it as imara, but you can portrait/imagine its being genuine or that it basically is not apparent verdict. Also the probability of contrary with the rule la dharar (no harm) qur‘a (Lot) yad (hand) will be investigated. The rule justice and equal division is also mentioned in Sunnite's school jurisprudent, but it has no place in law. Some researchers have taken a new look at the concept of justice, and are seeking to establish this rule in jurisprudent, as the relation of this rule with justice and equal division will be stated.