The Destinations of Religion and the Role and Place of Expediency in Legislation
Subject Areas : Jurisprudence and Criminal Law Doctrines
Sayyed Mohmmad Taqhi Alavi
1
,
Seyedeh mahshid Miri balajorshari
2
1 - Professor of department of Jurisprudence and Law, University of Tabriz. Tabriz, Iran
2 - Ms in Criminal Law and Criminology, Department of Jurisprudence and Law, Lahijan Branch, Islamic Azad University, Lahijan, Iran
Keywords: Silence of Law, expediencies and corruptions of commandments, expediencies of the apostle, the destinations of the religion, absence of legal text,
Abstract :
According to the opinion of justice ,the religious commandments are subject to expediencies and corruptions; as the governmental rulings are in line with the provision of social expediencies of Islamic society. Therefore, expediency at status of decree and governmental rulings has an important place in Islamic jurisprudence. All Islamic religions agree that the rulings are based on the expediencies and corruptions and actually the religion has come for attracting the expediencies of the servants and keeping the corruption away from them .From the age of genesis of religion till now by reflection on the noble verses of the Quran, the Sunnah of Innocent Ones and the actions of the Companions and Islamic jurists, this conclusion is obtained that there is a close relationship between the destinations of the religion and the words expediency and corruption. It is attempted in this article that by study and reflection on the theory of destinations of religion and its relationship with expediencies and corruptions, will attain to the analysis of cases that are placed as “ absence of legal text “ or other cases of silence of law.
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