An Introduction to the Status of Justice in Imam Khomeini's fiqhi thought

Justice in Islamic jurisprudence has not seriously been taken into consideration and the discussions raised on this subject mainly deals with individual justice. Among the Muslim jurists, Imam Khomeini as a Muslim jurist who has a different approach to justice in his practical conduct has dealt with both individual justice and social justice. There have been differing opinions as to the status of justice in Islamic fiqh. Some have taken justice as a “fiqhi principle” while others have considered customary justice as their bases for fiqhi inferences. This article, while dealing with the explanation of the ideas and opinion proposed in this regard, regards justice as the main objective of the Law (shariÝah). Having analyzed various ideas concerning justice, the article comes to a conclusion that justice is inevitable as a principle in fiqh. However, to identify the extensions(referents) of justice, outside the realm of fiqh, by having recourse to the common-sense judgment in cases where there is a conclusive judgment issued by the Law is not acceptable. Justice is aimed at by the Law and it is, in fact, the philosophy of the Islamic rulings and is not to be taken as a means of attaining particular legal rulings, but it is itself the aim and goal. It may be said that all rulings and fiqhi principles are means of reaching this goal.