Rule-making of Justice and Fairness and Comparing It with Similar Jurisprudential and Legal Principles and Rules

Considering the position of justice in the legislative system, it is possible to aim for all Islamic laws to be based on justice and fairness, both in terms of formulation and implementation. In order to achieve such a goal, some believe that justice and fairness should be presented as a rule, so that everything that is found to be an example of oppression and against the requirements of justice and fairness is discarded. Therefore, they have designed the rule of justice and fairness, but they have not provided the characteristics, scope, or documentation for it. Criticism of this rule depends on the explanation of these cases. This research, using a library method and in a fundamental and analytical way, with the approach of rule-makers, examines the characteristics of jurisprudence rules and applies them to this rule, determines  the scope of the rule, and compares this rule with other legal jurisprudence rules. It concludes that whether it is presented as the rule of justice and equity or fairness in law, it has only a nominal similarity with this rule of jurisprudence, and one can provide documentation from jurisprudence and law to accept this rule.