Rethinking the Inter-relationship of law and equity

The concept of equity has been existed for a long time in all cultures as well as different fields of knowledge particularly law and morals. Elaborating this concept, legal systems and commentators from different legal scholarships have pointed out to some common elements enabling the maintenance of the dynamic nature of equity and its various functions in the field of law, and more accurate identification of its main core as well as theoretical and practical recognition of equity’s function, bearing in mind its capabilities, in the realization of human society. Some of the issues discussed in this paper include historical development of the concept of equity from the very past to its current situation, the concept of equity in the Islamic law, introducing the most outstanding studies conducted globally by legal scholars about equity, and assessing different theories expressed in favour of or against the employment of this concept in law. Based on these discussions, specific conclusions on the inter-relation of equity and law is presented which I hope would properly benefit the Iranian legal scholars.