Application off airness in family jurisprudence

Fairness is a moral-sensual principle and virtue that is derived from human conscience and intellect and is a functionalist right that moves towards the administration of rights. Due to this nature, the implementation of fairness and justice is one of the important goals of any legal system, so that for the survival and strength of a healthy, right-oriented and justice-oriented society, it is not possible to realize the rights of individuals away from any oppression and without observing justice. The jurists' approach to justice is different; Some did not mention this in their words; Others have dealt with it implicitly and sometimes it has been confused with other topics such as justice, the rule of justice, and so on. Therefore, explaining examples in the field of family from the perspective of jurists is necessary to better and more accurately understand the nature of justice and distinguish it from other topics. In this study, we examined the examples and application of fairness in family jurisprudence in different chapters of jurisprudence and found that the implementation of laws based on justice in some cases is dry and inflexible. While according to different situations, circumstances and circumstances, to realize the rights of individuals and achieve high divine and human goals, an element of flexibility such as "fairness" is needed. As a result, after recognizing the status of justice, we came to a more accurate definition of the nature and truth of justice and its difference from concepts such as justice.