The Status of Social Expediency in the Theory of Guardianship of Islamic Jurist

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

leila  samadzadeh khameneh ¹ (faculty of literature and humanities, azad university, central tehran, iran)
ebrahim  yaghouti ² (member of the academic staff of tehran center)
seyed abolghasem  naghibi ³ (Faculty member of Shahid Motahari University)

Received: 2022-09-04 Accepted : 2022-09-18 Published : 2023-03-21

Keywords: expediency, Government order, Guardianship of Islamic Jurist, Social Expediencies, Sharia Rules,

Abstract :

Expediency plays a fundamental role in the legislation of religious precepts and Religious edicts have been legalized considering expediencies and corruptions. As government orders are directed in providing social expediencies, they are of special status. Expediency has played a valuable role in actuality of the guardianship of Islamic jurist and they are in a close relationship. Various authorities entitled to the sharia ruler facilitated compatibility of Islam with emerging needs. Governing social affairs requires decisions not limited to secondary sharia rules, and the ruler issues orders and precepts different from the original ones of which expediency and corruption are found by the guardian of Islamic jurist who is also the ruler of society. The present research aimed at explaining the status of expediency in the theory of guardianship of Islamic jurist. Through analyzing the role of expediency in the theory of guardianship of Islamic jurist, the present work tried to review the basics and the main foundation of the issued rules by the guardian of Islamic jurist, and the tools for access to social expediencies.