Reflections on the Relationship between Islamic Jurisprudence (Fiqh) and Justice in the Islamic Legislative System

One of the preconditions for the pursuit of right and justice in society is the relationship between law and justice. The flow of justice in legislation is recognized as the manifestation of this relationship. But in Islamic society, this relation is reduced to the relationship of Fiqh and justice and for a just law in such a system, it is necessary to determine the relationship between Islamic jurisprudence and justice. Based on the premise of the positive role of justice in Islamic jurisprudence, the present article seeks to investigate the reflection of this relationship in the theory and system of Islamic legislation. The research data show that, in accordance with the two-stage structure of the legislative system, consisting of Majlis (the national legislative body) and the supervisory board of jurists, the scientific and executive exploration of each of these two stages differs depending on whether the Islamic jurisprudence is full of fair fatwas or it is empty-handed. In general, the work of Majlis (the national legislative body) is to study the subject matter and to prove it to be a case accurately and reliably, and the work of the Board of Jurists is to trust the expertise done by the Majlis and to study jurisprudence on the extent of justice. This is something that occasionally occurs in the form of Iftā (the act of issuing fatwas is called iftā) in the history of jurisprudence in the absence of a just fatwa and because of this, not only the position of representative and the position of Fiqahah (jurisprudence) has found its place in the Islamic legislative system, and neither of them will interfere with the work of another. Rather, both together provide the hope for legislative and legal justice as a product of the living Islamic legislative system, and consequently the realization of a just Islamic system.