LAWFUL AND JUDICIAL RULE OF EQUITY

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MAZAHERI MASOUMEH; AAL ESHAGH KHOEINI ZAHRA

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Journal Paper

Paper Information

Journal: JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES Year:2012 | Volume:8 | Issue:27 Page(s): 135-164

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Information Journal Paper

Title

LAWFUL AND JUDICIAL RULE OF EQUITY

Author(s)

MAZAHERI MASOUMEH | AAL ESHAGH KHOEINI ZAHRA | Issue Writer Certificate

Keywords

EQUITYQ2

JUDICIAL RULE OF EQUITYQ2

LAWFUL RULE OF EQUITYQ2

JUSTICEQ2

RULE OF JUSTICE AND EQUITYQ2

Abstract

EQUITY, regardless of its being a judicial principle, has two meanings: First, equality and second, conscience and morality judgment in one case. It is different from JUSTICE, Estehsan and etc. It is one of those cases that their presence makes good essence and their absence follow unfavorable essence. The principle of EQUITY can be proven by verses and tradition. Several cases of the practicality of this principle can be seen in the lives and judgments of the Immaculate. The principle of JUSTICE and EQUITY has been used by several Jurisconsults but there is difference between EQUITY and JUSTICE. EQUITY is an important concept in Roman and German systems too. In Iran, EQUITY in not a rule and some lawyers indicate it as lawful source.

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APA: Copy

MAZAHERI, MASOUMEH, & AAL ESHAGH KHOEINI, ZAHRA. (2012). LAWFUL AND JUDICIAL RULE OF EQUITY. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, 8(27), 135-164. SID. https://sid.ir/paper/134228/en

Vancouver: Copy

MAZAHERI MASOUMEH, AAL ESHAGH KHOEINI ZAHRA. LAWFUL AND JUDICIAL RULE OF EQUITY. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES[Internet]. 2012;8(27):135-164. Available from: https://sid.ir/paper/134228/en

IEEE: Copy

MASOUMEH MAZAHERI, and ZAHRA AAL ESHAGH KHOEINI, “LAWFUL AND JUDICIAL RULE OF EQUITY,” JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, vol. 8, no. 27, pp. 135–164, 2012, [Online]. Available: https://sid.ir/paper/134228/en

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