A Comparative Study of the Concepts of Justice and Equality in Islamic Jurisprudence and International Legal Systems

Authors

    Maryam Farahani Department of Law, Islamic Azad University, Tabriz Branch, Tabriz, Iran
    Peyman Sharifi * Department of Law, Islamic Azad University, Tabriz Branch, Tabriz, Iran pey_sharifi23@gmail.com

Keywords:

Justice, Equality, Islamic Jurisprudence, International Legal Systems, Human Rights, Distributive Justice, Comparative Study, Women's Rights, Minority Rights, Social Justice

Abstract

This article conducts a comparative examination of the concepts of justice and equality in Islamic jurisprudence and international legal systems. Justice and equality are fundamental principles in both legal systems, yet differences exist in their definitions, philosophical foundations, and methods of implementation. In Islamic jurisprudence, justice is established as a moral and religious principle based on Quranic teachings and the Prophet's tradition, influencing all aspects of individual and social life. Equality in this system means the fair distribution of rights and duties based on individuals' abilities and circumstances. Conversely, international legal systems define justice and equality as legal and social principles aiming to guarantee human rights and legal equality for all individuals, without discrimination based on gender, race, or religion. The findings of this research indicate convergences and divergences in the concepts of justice and equality within the two systems. To develop and improve legal systems, it is suggested that revising traditional interpretations, strengthening international dialogue, emphasizing Islamic human rights, enhancing legal education, and conducting interdisciplinary research can foster greater proximity of these concepts. This can lead to constructive interaction between legal systems and improve the state of justice and equality in societies.

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Published

2024-01-12

Submitted

2023-11-12

Revised

2023-12-25

Accepted

2024-01-09

Issue

Section

مقالات

How to Cite

Farahani, M., & Sharifi , P. (2024). A Comparative Study of the Concepts of Justice and Equality in Islamic Jurisprudence and International Legal Systems. Islamic Knowledge and Insight, 1(2), 43-54. https://journaliki.com/index.php/journaliki/article/view/11

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