Theoretical and practical requirements about justice: justice and women

Document Type : Research Paper

Author

Assistant Professor, Department of Theoretical gender studies, Woman and Family Institute, Qom, Iran.

Abstract

The issue of justice is one of the wide-ranging and challenging issues that, despite the complex texts about justice in Western sources, the Islamic approach to it is weak. Studies show that despite the importance of justice in political and social jurisprudence, theoretical dimensions that lead to systematization or trend-setting structures have not been raised and strengthened in this approach. Except for some of the books and articles that have been published in the last two decades and presented good comparative studies that can inspire new researches, most of these studies are still involved in issues such as knowing or not knowing the rules of justice, justice as a criterion for Friday and congregational imamate., the difference between the sharia and customary meaning of justice, criticism of women's rights and duties with the measure of justice and the like. Therefore, a research that proposes to strengthen those theoretical dimensions of justice that leads to pragmatism and structuring about it is necessary. Therefore, this article aims to strengthen this dimension and to present the necessities that are necessary in organizing a pragmatic theory of justice, and because in the last century, one of the challenges of justice, especially its Islamic approach, rights and benefits Social is for women, the field of investigation and comparisons has been placed on the issue of justice for women.
Weighing each ruling with justice means to consider justice as the criterion of all of them or the legislative goal of all of them. Although such a statement is not approved, it is necessary to fill the empty space of mandatory rules with fair laws and legislate fair laws in the administration of the country and governance. As some authors believe, if the rulings in the laws of the Islamic Republic are in accordance with the explicit text of the Qur'an and frequent hadiths, they are the same revelation and cannot be criticized by the standard of justice, but in the case of other laws, if the revelation is silent, they are evaluated by the standard of justice. As a result, if justice is a criterion in some of the laws of the country, among the most important topics in this regard is the processing of the theory of justice, which includes clear theoretical and practical aspects as a strategy for managing society. Although these dimensions have been the focus of domestic researchers in the studies of the last two decades, they need to be explored more and focused on micro-issues. In the path of transition from the praise of justice in its religious studies to practical theoretical processing, one should know what is the most important theoretical and practical challenge of justice in this field. This is the main question in this article. To answer this question, the author's effort is to present one theoretical consideration and two practical considerations in the theorizing of justice centered on women. The theoretical consideration deals with the challenge of the inequality criterion, and the practical consideration deals with the two issues of perception measurement and indexing for justice, and in all cases, it focuses on the issue of women. After collecting the necessary data, the method of the article is content analysis and a documentary and fundamental article.

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References

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Woman in Development & Politics
Volume 21, Issue 3
September 2023
Pages 589-614

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