Document Type : Original Article
Authors
1
PhD student, Theology and Islamic Studies, Department of Fiqh and Fundamentals of Islamic Law, Semnan Branch, Islamic Azad University, Semnan, Iran
2
Assistant Professor, Department of Jurisprudence and Law, Islamshahr Branch, Islamic Azad University, Islamshahr, Iran and Director of Sisteran Seminary, Islamshahr, Iran
3
Assistant Professor, Department of Jurisprudence and Law, Faculty of Literature and Humanities, Central Tehran Branch, Islamic Azad University, Tehran, Iran
10.22034/mral.2023.2002287.1469
Abstract
According to the narrations, all the rules that are needed by mankind are stated in the Book of Sunnah. However, since the Islamic government includes fixed and variable rulings, and the limited and finite nature of detailed evidence and texts and the infinite nature of events and events, it is possible and even necessary to appeal to expediency, therefore, it is necessary to appeal to expediency and general principles and purposes. The Sharia community responded to the events of the day and new developments. Reflecting on the legal texts of our legal system clearly shows that taking into account the principle of expediency, putting collective expediency before the rights of individuals in the administrative system is one of the serious mechanisms of Islamic legislation in consolidating and organizing the relations between the people of the nation and government institutions based on Islamic limits and values. Article 40 of the Constitution is a special manifestation of the presence of the thought of collective expediency in the legislation of Iran's legal system. After explaining the principle of expediency as the supreme principle governing the Islamic legislative system, the following article aims to outline the position of this principle in the Islamic legislative system, and finally explain the centrality of this principle in the administrative system by emphasizing the primacy of collective expediency.
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