Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

The place of expediency in the legal goals in the legislative process

Document Type : Research Article

Authors
Dr. Amirreza Mahmoudi 1
Seyyedeh Mahshid Miri Balajorshari 2
1 Assistant professor and faculty member, Faculty of Humanities, Islamic Azad University, Lahijan branch. (Corresponding Author)
2 Senior expert in private law, faculty of humanities, Islamic Azad University, Lahijan branch.
Abstract
One of the topics that is of particular importance in Shia and Sunni jurisprudence and has received attention is the role and position of expediency in jurisprudence. In Islamic jurisprudence, the issue of expediency is raised for the purposes of governmental rulings. Governmental decrees are decisions that the guardian adopts under the shadow of Sharia laws and complying with their agreement according to the expediency of the time, and according to them, he establishes and implements regulations. These regulations are valid and valid like Sharia laws, but unlike heavenly laws which are unchangeable, governmental regulations can be changed in the form of stability and survival. It seems that the inference of Sharia laws is based on interests in Shia jurisprudence has been accepted as long as there is no definite reason to the contrary. Therefore, in the Islamic government, which is based on Shiite rulings, it is not possible to make any expediency, even if unnecessary, the criterion of rulings and fatwas. In this article, the place of expediency in the goals of Shariah in legislation has been studied in the form of theoretical research and descriptive analytical method.
Keywords
fiqh al-maqasid
expediency
governmental rulings
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  • Receive Date 02 July 2022
  • Revise Date 02 August 2022
  • Accept Date 09 August 2022