Azam Amini
Abstract
The concept of equity has been existed for a long time in all cultures aswell as different fields of knowledge particularly law and morals.Elaborating this concept, legal systems and commentators from differentlegal scholarships have pointed out to some common elements enablingthe maintenance of the ...
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The concept of equity has been existed for a long time in all cultures aswell as different fields of knowledge particularly law and morals.Elaborating this concept, legal systems and commentators from differentlegal scholarships have pointed out to some common elements enablingthe maintenance of the dynamic nature of equity and its various functionsin the field of law, and more accurate identification of its main core aswell as theoretical and practical recognition of equity’s function, bearingin mind its capabilities, in the realization of human society.Some of the issues discussed in this paper include historical developmentof the concept of equity from the very past to its current situation, theconcept of equity in the Islamic law, introducing the most outstandingstudies conducted globally by legal scholars about equity, and assessingdifferent theories expressed in favour of or against the employment of thisconcept in law. Based on these discussions, specific conclusions on theinter-relation of equity and law is presented which I hope would properlybenefit the Iranian legal scholars
