expediency

Open Access Article

1 - The Concept of Iitlaq in the Fiq'hi (Islamic Jurisprudential) Term of Velâyat-e Faqih
Seyyed Javad Varaei

10.30495/jijl.2022.67472.1544

Velayat-e motlagh-e which means "absolute guardianship" is a term used in different sciences. In this paper, the application of this term in Fiqh "Islamic jurisprudence" has been discussed. The paper hypothesizes that the assignment of iitlaq for Velayat "guardianship" More

Velayat-e motlagh-e which means "absolute guardianship" is a term used in different sciences. In this paper, the application of this term in Fiqh "Islamic jurisprudence" has been discussed. The paper hypothesizes that the assignment of iitlaq for Velayat "guardianship" does not have the same meaning in Fiq'hi "Islamic jurisprudential" terms. An overview shows that this word is used differently according to the topic under discussion. At least six meanings and concepts of this word can be seen in the phrases of fuqahā (Islamic jurists), which is a sign of the relative nature of its meaning and concept. The Velayat that "it is not bound by expediency", "in addition to the public sphere, it also includes the private sphere", "beyond the scope of the necessary affairs of the society, it contains all public affairs", "in addition to the implementation of Sharia rulings, tries to enact laws in the realm of Sharia principles", "in addition to the implementation of rulings, establishes laws in the realm of Sharia Mubah "permitted" and obligations" and "Velayat over the property of the Imam (AS)" is referred to as Velayat-e motlagh-e (absolute guardianship). This variety of usage shows that the assignment of iitlaq in the term Velayat-e motlagh-e does not have the same meaning and concept and it has a different meaning depending on the topic under discussion and in dispute. The purpose of this research paper is to show relativity in the idea of iitlaq in the Islamic jurisprudential term of Velayat-e motlagh-e. The research method will be descriptive-analytical based on reliable Fiq'hi "based on Islamic jurisprudential method" sources. Manuscript profile

Open Access Article

2 - The principle of expediency in establishing lineage from the point of view of the two parties *
NARGES uosefirad mohamad sadag jamshidi rad MASOOME MAZAHERI

10.30495/jijl.2022.66507.1531

Today, with the advancement of science and technology and its undeniable impact in the field of justice, the evidence of litigation has been removed from the monopoly in certain cases. And the evidence under the heading of scientific reports and the judiciary has come t More

Today, with the advancement of science and technology and its undeniable impact in the field of justice, the evidence of litigation has been removed from the monopoly in certain cases. And the evidence under the heading of scientific reports and the judiciary has come to the aid of judges and courts, which, due to its high degree of scientific validity and customary certainty, has created a dramatic change in this regard.Proofs of lineage have not been without this situation and have gone beyond monopoly in the framework of proofs such as testimony, confession, rule of thumb and lottery, so that new methods of lineage, including DNA testing due to intellectual and scientific support, play an important role in realizing the science of judge and Prove the lineage in this way,However, paying attention to the principle of family expediency and the rights of the child in order to prevent the disintegration of families and to observe the envy and expediency of the child has led to the question that if using new methods of lineage and attributing the child to adultery, such an action Is the family system and the rights of the child and the public order of society compatible? Therefore, in the present study, the views of the jurists of the two sects on the validity of the principle of expediency in establishing ancestry are examined. Manuscript profile

Open Access Article

3 - Investigating the observance of the right to child marriage in Iranian law, with an approach to Islamic jurisprudence
Raziye Fakharzade Abbasali Roohani eftekhar rDaneshpoor

The issue of child marriage is one of the most controversial issues in jurisprudential and legal circles. The present article examines the element of expediency in child marriage by descriptive-analytical method, referring to library sources. Most sects of Islamic relig More

The issue of child marriage is one of the most controversial issues in jurisprudential and legal circles. The present article examines the element of expediency in child marriage by descriptive-analytical method, referring to library sources. Most sects of Islamic religions believe that expediency is conditional on the actions of the guardian over the property.Because the ruling on the necessity of the expediency of the guardian's actions towards Molly against himself is governed by the ruling on the permission of all the guardian's possessions in Molly's affairs against himself. Therefore, if the expediency of child marriage is not observed, there are two views; Some believe in the existence of the right of termination for the child at the time of eligibility and some believe in the invalidity of marriage. The theory of invalidity is more correct from the perspective of this research. Also, in order to maintain the envy of the child in this marriage, it is suggested to the legislator to present the certificate of the expert board to determine the existence of expediency in this marriage instead of examining the expediency. Manuscript profile

Open Access Article

4 - Tradition and Ijtihād in Christianity and Islam: Mechanisms Employed to Meet the Social Needs
behrooz haddadi

The scope of religion and its role against the social transformations is an important subject to deal with. In this article we try to answer this question: Have Islam and Christianity been able to, on the one hand, follow their doctrines and on the other hand meet the c More

The scope of religion and its role against the social transformations is an important subject to deal with. In this article we try to answer this question: Have Islam and Christianity been able to, on the one hand, follow their doctrines and on the other hand meet the changing needs of society? In fact, Christianity by removing the Jewish law and emphasizing on the fluid tradition based on its believers' understanding has succeeded in adapting to the new conditions. Shi'ite Islam by using the 250 hundred years traditions of its Imams has developed some flexible elements in itself. In Sunni Islam, qiyās (deductive analogy), somehow played the same role but the lack of ijtihād and the exclusive dominance of the four jurisprudential schools have erected strong barriers in its way. Manuscript profile

Open Access Article

5 - Examining the expediency of prisoners in Quranic studies and law
rahman majazie alireza rajab zadeh alireza mazloom rahnie

10.30495/qsf.2022.1975020.2952

AbstractAs a necessity in any society, the pecuniary interest is certain and inviolable. In addition to the emphasis of the Holy Law on supporting disabled and disabled people who do not have the ability to protect their property and know the interests of their affairs; More

AbstractAs a necessity in any society, the pecuniary interest is certain and inviolable. In addition to the emphasis of the Holy Law on supporting disabled and disabled people who do not have the ability to protect their property and know the interests of their affairs; Intellectuals, social reformers and legal scholars are also aware of the importance of the issue in every society and pay special attention to the proper implementation of protection for the imprisoned. Due to the fact that the management of the property and interests of minors, madmen, non-reshid persons, etc. has different aspects and includes many examples. Sometimes it happens, however, guardians, legal guardians, judicial authorities involved in financial affairs, etc., in financial and non-financial affairs, come across cases where two interests are placed against each other, to determine which of the conflicting matters From the Shari'a, moral and legal point of view, it is against financial gain; There is no specific rule. In this regard, there are shortcomings and abridgements of the laws, and the decisions of guardians, guardians or legal guardians may be contradictory in different cases, which is not compatible with justice. In this research, we will analyze the issue by examining the "expediency of prisoners in Quranic studies and law".Key words: expediency of prisoners, Quranic studies, law. Manuscript profile

Open Access Article

6 - Examining the principles of justice in crimes causing hadd from the perspective of verses and hadiths
Fatemeh Shori Feisal Sharifipour

This article tries to provide a suitable solution to solve the doubts raised by researching verses, narrations, rational reason and scholars' practice. Given that the rulings are expediency and corruption, the prediction of crimes is mandatory, because the role of punis More

This article tries to provide a suitable solution to solve the doubts raised by researching verses, narrations, rational reason and scholars' practice. Given that the rulings are expediency and corruption, the prediction of crimes is mandatory, because the role of punishments is to maintain the moderation of the individual and society through the preservation of values. The preference of typical interest over personal interest, the purposes of punishment and criminal justice requires that in hodud such as punishments, circumstances, time and place and characteristics of each offender in determining the punishment is not effective in a broad sense. This issue is not incompatible with criminal justice; it is justice because justice means putting everything in its place. Therefore, it is not necessary that considering justice in different types of crimes to be similar; Because the justice that the holy shari'ah has commanded means the observance of the rights that Islam recognizes, and refining of oppression is the avoidance of trampling on the rights that God Almighty considers valid. Manuscript profile

Open Access Article

7 - Crisis Management of the Dissension Process by Holy Prophet from Holy Quran’s Viewpoint
Ahmad Reza Tavousi Amir Ahmadnezhad

10.30495/qsf.2021.680783

Crisis management is of particular importance as an interdisciplinary topic in various areas of political and social management. Therefore, the approach of the Holy Quran to this issue is remarkable. The study of Medina verses shows that the Holy Prophet faced various c More

Crisis management is of particular importance as an interdisciplinary topic in various areas of political and social management. Therefore, the approach of the Holy Quran to this issue is remarkable. The study of Medina verses shows that the Holy Prophet faced various crises during the rule of Medina. One of the most complex of these crises is the destructive actions of the current of dissension against the Prophet. Given the special place of the Prophet in receiving revelation, his reactions to the hypocrites can be used as a reliable model for managing the crisis in the Islamic world and human society. The management of the Prophet in crises caused by dissension can be evaluated in three general stages, including pre-crisis, during-crisis and post-crisis management. This research intends to study the subject literature and with a descriptive-analytical approach, the most important parts of this management, which include expressing the methods and actions of the dissension and the appropriate reactions of the Qur'an along with announcing the policies and measures of the Prophet Check. The six strategies obtained in the present study are among the achievements of this paper. Manuscript profile

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8 - Issuing a government decree in order to maintain the order of the Islamic society from the perspective fariqeyn
Zeinab Mousavi Sadat Nasrin Karimi Seyed Mohammad Shafiei Mazandarani

In any society (from the point of view of Shiite jurisprudence or Sunni jurisprudence), political thinkers try to answer political issues and problems based on the framework of political philosophy and the roots of government jurisprudence. Therefore, every government t More

In any society (from the point of view of Shiite jurisprudence or Sunni jurisprudence), political thinkers try to answer political issues and problems based on the framework of political philosophy and the roots of government jurisprudence. Therefore, every government tries to justify its legitimacy based on a specific political philosophy Slow down. The need for a government decree, the relationship between religious law and government law, the falsification and issuance of orders and laws in Islamic society based on religious principles are important issues that need to have sufficient and appropriate religious justification. Both views believe that "maintaining order" and its place should be within the framework of Shari'a, but by carefully considering the interests of Sunni jurisprudence, we find that it is doubtful to recognize them, and the expediency of suspicion never meets the purposes of Shari'a; Because it is not easy to apply those generalities to foreigners and emerging issues; However, in Shiite jurisprudence, thanks to the traditions and narrations of many infallibles, the ijtihad of the Islamic ruler, which has been legitimized by the general installation of the infallible, responds to the real needs of human beings in various fields. It is between the two.       Manuscript profile

Open Access Article

9 - The Status of Expediency in Politico-Jurisprudent Thinking of Imam Khomeini (ra)
خدیجه هاشمی غلامرضا بهروزی لک

Hazrat Imam Khomeini (ra) is the first jurisprudent in political history of Shiism who succeeded in establishing a government and restoring theory of guardianship (Velayat-e-Faqih). To this direction, he viewed expedient jurisprudent in a different manner than before an More

Hazrat Imam Khomeini (ra) is the first jurisprudent in political history of Shiism who succeeded in establishing a government and restoring theory of guardianship (Velayat-e-Faqih). To this direction, he viewed expedient jurisprudent in a different manner than before and further highlighted its governmental-social aspect than what it had been before. This is while earlier Shiite scholars pointed more to aspect of expediency in religious areas and individual obligations in their writings and the application of this momentum had been ignored in socio-political matters. Hazrat Imam Khomeini (ra) underscoring prophetic biography introduced the expediency as the basic tenet in perpetuating and maintaining the Islamic system; practically speaking, his political conduct represented his commitment to this vital principle in the Islamic community. The article author has tried to analytically and descriptively and based on library research data deal with theory of expediency in thinking and practice of Hazrat Imam Khomeini (ra). Manuscript profile

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10 - Rostam is protagonist of pragmatists or antagonist of idealists? (a case study from pragmatism viewpoint)
Seyedeh Maryam Mirhoseini Fatemeh Heydari

pragmatism is one of the recent philosophies in the world that concentrates on the components of human utopia and proposes consequentialist activism, or practical expediency. This philosophy has a different look at the topics as justice, law and morality. Ferdowsi's Sha More

pragmatism is one of the recent philosophies in the world that concentrates on the components of human utopia and proposes consequentialist activism, or practical expediency. This philosophy has a different look at the topics as justice, law and morality. Ferdowsi's Shahnameh is a heroic book and an exalted manifestation of the culture and behavior of a nation. Thus it can be of great interest to pragmatist theorists. The relations between utopia of Ferdowsi and pragmatism can be achieved by looking at mythologic community of Shahnameh and analyzing personality of Rostam and other heroes of Shahnameh in terms of these criteria. The authors of this article, in the first place introduce pragmatism and its theorists, then they compare the ideal society of Ferdowsi's Shahnameh with  pragmatic utopia.  The methodology of this article is a descriptive-analytic one and the material concerning pragmatism collected from translated texts. Meanwhile, looking at Rostam personality as a myth and representative of Iranians in Shahnameh reveals that the activities of Rostam and other heroes in Shahnameh were pragmatic and influential along their aims and their society. Manuscript profile

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11 - The Kingdom Expediency in Iran Political Thought؛ A Comparative Study of pre-Islamic and Islamic Period
سید علی میرموسوی

The concept of expediency is one of the most important and widely used concepts in the history of political thought. By looking at the political heritage left from ancient Iran and comparing it with the works of the Islamic era, we can see that "Salah-e-Mulk"(Expediency More

The concept of expediency is one of the most important and widely used concepts in the history of political thought. By looking at the political heritage left from ancient Iran and comparing it with the works of the Islamic era, we can see that "Salah-e-Mulk"(Expediency of Kingdom) was a central concept in Iranian political thought. In the Iranshahr political thought, respecting the interests of the kingdom and the people was one of the characteristics of a good and ideal king, and it was used as a criterion for distinguishing a desirable political system from an undesirable one. In the Islamic era, with the translation of Iranian works, this concept was reflected in the “Siasatnameh” or Mirror of Prince and led to politics based on expediency. From this point of view, it can be claimed that Salah Mulk has a meaning close to public interest in the classical political philosophy of the West, and adherence to it is considered a criterion for legitimacy. By elucidating and explaining this concept, this article investigates and analyzes its place and role in the history of Iranian political thought. Manuscript profile

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12 - Jurisprudence of the Guardian Council over the expediency of the system in the shadow of the Constitution
Hasan Khosravi Mohammad javad Hosseini

The simultaneity of the chairmanship of the Expediency Council and the twin membership of the same person as a jurist of the Guardian Council, according to the constitution, creates new issues in the relationship between legal and political institutions of Iran. Althoug More

The simultaneity of the chairmanship of the Expediency Council and the twin membership of the same person as a jurist of the Guardian Council, according to the constitution, creates new issues in the relationship between legal and political institutions of Iran. Although there is no contradiction in the silence of the Constitution, the internal regulations of the Parliament, the Guardian Council, and the Assembly, this appointment raises questions and assumptions in the implementation stage of the Constitution, which is inconsistent with some general legal principles, such as the principle of neutrality of the dispute resolution authority. It can be observed by looking at the constitution that many principles do not have the capacity of this appointment and are silent in the face of it. The results of this research show the weight of the scales in favor of the jurists of the Guardian Council in the Assembly, the questioning of impartiality when examining cases of disagreement and plurality and the difficulty of performing the duties of these two positions for one person.The lack of attention of the legal circles to this appointment and its challenges has caused the authors to scrutinize more, and the innovation of the research lies in the explanation of the new and ambiguous relationships between these three institutions. Manuscript profile

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13 - Issues and Evidence of Expediency in the Holy Prophets foreign policy
ali salmanpor

Recognizing expediency in issues and applying them as a natural behavior in the rational choice model is considered essential and inevitable in human life. Besides spiritual and religious development, the Holy prophet aimed at managing every day life and current issues More

Recognizing expediency in issues and applying them as a natural behavior in the rational choice model is considered essential and inevitable in human life. Besides spiritual and religious development, the Holy prophet aimed at managing every day life and current issues correctly. Therefore, ample evidence support his being expedient, recognizing the essentials and realistic . According to Ghazali, this keeps religion, lives , rationality race and wealth safe, which is every ones responsibility not to waste any of them or part of each. Evidence of the Holy Prophets expediency can be seen both in war and peace, both in Mecca and Medine, and also in souch issues such as Yomodar invitation, immigration to Habashe, Tayef journey, immigration to Medine, Hodaybie peace treaty, encouraging Muslims, etc can be clearly seen. These issues and related considerations are the main focus of the present study as seen essential, enough discussion has been provided  Manuscript profile

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14 - Analyzing the Place of Expediency in Elections by Looking at the Two Discourses of the Islamic Revolution and Liberal Democracy
ابوالفضل ذکایی masoud jafarinejad seyyed mohammadali shariaty

In the current research, it is tried to explain the concept of expediency and examine its application in the electoral process of the two systems of Islamic revolution and liberal democracy. And on this basis, while explaining the structure and components of expediency More

In the current research, it is tried to explain the concept of expediency and examine its application in the electoral process of the two systems of Islamic revolution and liberal democracy. And on this basis, while explaining the structure and components of expediency in Shia jurisprudence and comparing it with the philosophy of the liberalism system, let's explore the nature of the differences, similarities and of course the results of these two approaches.In this work, which is based on the structural analysis and investigation of these two government systems, we found that the explanation of expediency in these two discourses was accompanied by complications and components that ultimately led to the formation of elections. In the Velayat al-Faqih system, this is the ruling of the government that determines the establishment of institutions and the regulation of events in elections, and its ultimate goal is to preserv Manuscript profile

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15 - The Status of the Expediency Council in Formulating and Overseeing the Implementation of the Overall Policies of the System
Hajjollah Ebrahimian Hassan Ansari Ahmad Gharibi

    Hajjollah Ebrahimian [1]  Hassan Ansari [2]  Ahmad Gharibi[3]   Abstract In the Islamic system, the jurisprudence determines the major policies based on Islam and the knowledge of the economies of time and utilization of his province, More

    Hajjollah Ebrahimian [1]  Hassan Ansari [2]  Ahmad Gharibi[3]   Abstract In the Islamic system, the jurisprudence determines the major policies based on Islam and the knowledge of the economies of time and utilization of his province, with the aim of flowing into the executive policies, some of which are based on the jurisprudential authority of Article 110. The main question of the present study, which is a descriptive-analytical one, is what is the position of the Expediency Council in formulating and overseeing the implementation of the overall policies of the system? The result of the present study is that by delegating one of its important duties as set forth in paragraphs 1 and 2 of Article 110 of the Constitution, the Expediency Council considers the Expediency Council to formulate and implement the general policies of the system, guaranteeing the guidance and management of the Islamic Revolution   [1] PhD in Public Law, the Assistant Professor of Public Law in Azad University, Qom Branch, hojjat49@gmail.com، 09121535542 [2] PhD Candidate of Public law in Azad University, Qom Branch, hasan.ansari56@gmail.com [3] PhD Candidate of Public Law in Azad University, Qom Branch, agharibi26@yahoo.com Manuscript profile

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16 - The necessity of the legislator's intervention in the institution of Mahr in order to solve today’s social problem
Salar Sadeghi Abbasali Akbari

10.30495/jwsf.2021.1924599.1543

One of the rights established by Sharia and law to protect women is Mahr. But Mahr is not one of the pillars of permanent marriage, and even a marriage without it is valid. Heavy Mahrs are one of the legal and social problems of our society. In many cases, disproportion More

One of the rights established by Sharia and law to protect women is Mahr. But Mahr is not one of the pillars of permanent marriage, and even a marriage without it is valid. Heavy Mahrs are one of the legal and social problems of our society. In many cases, disproportionate and unreasonable Mahrs, instead of providing financial support to the wife and the strength of the family, are used as a tool to threaten and cause anxiety in couples and as a result shake the foundation of the family to the point that it causes the phenomenon of husband abuse. Therefore, the question is whether the government can intervene in determining the amount of Mahr according to its expediency and limit and adjust it according to a commanding rule, and in order to reduce legal and social problems, prevent disproportionate and heavy Mahrs? Accordingly, in the present article, we have come to the conclusion that the government, based on expediency and necessity, can intervene in the institution of Mahr like other legal issues that have social dimensions and seek to adjust and limit the Mahr through legislation. Manuscript profile

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17 - Conditions of time and place on execution of the punishment of punishment
Mina Akbariasl Mortaza Rahimi

Temporal and spatial conditions in various ways, such as changing the subject matter of a sentence or its criterion, etc., affect Islamic precepts and occasionally bring about changes that we have examined in these contexts in the present study. The most important purpo More

Temporal and spatial conditions in various ways, such as changing the subject matter of a sentence or its criterion, etc., affect Islamic precepts and occasionally bring about changes that we have examined in these contexts in the present study. The most important purposes of punishment, including in Islam, are the correction of offenders, so it seems that the form of punishment is not subjective, but rather the result, the correction. One of the important issues facing the implementation of some of the punishments that can be considered as part of the present conditions is the issue of human rights, according to which some of the scope of the punishments are violent, inhumane and in violation of human rights regulations; According to Imamiyyah jurisprudents, it is in the interest of preserving the religion and the Islamic system that it is important and preferable to other interests and necessities, and according to the jurisprudence of the jurisprudence, it is expedient, but jurisprudence. According to these theories and related to some principles of the Constitution of the Islamic Republic of Iran, if the implementation of certain limits Manuscript profile

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18 - Ownership and Operation of Oil and Gas Resources in Place in Islamic Jurisprudence
Abdolrahim Moradi Masoud Reza Ranjbar

The discussion about possession of oil and gas resources in Islamic jurisprudence may be inquired along with ownership of mines. It is deduced from total votes of the jurists about possession of mines that there are various comments in this regard whether such a possess More

The discussion about possession of oil and gas resources in Islamic jurisprudence may be inquired along with ownership of mines. It is deduced from total votes of the jurists about possession of mines that there are various comments in this regard whether such a possession is apparent and/ or latent and it will differ if it is assumed as public properties or joint ownerships so these are concerned with ‘Anfal’ and ‘public ownerships. Unlike the well-known impression, through inference from the current criteria for classification of mines in Islamic jurisprudence, oil and gas are deemed as latent mines in terms of change in their substance and application of the subject at present time. The jurisprudential system of exploitation from oil and gas mines will be different whether they are considered as public properties or the joint ownerships. With respect to the interpretation from concept of possession in public properties, such a difference will be further downplayed in this investigation. The mines will be included in administrative possession of Islamic ruler whether they are assumed as public properties or the joint ownerships. And the Islamic ruler may also delegate the mines as copyhold to the competent entities within the framework of the stipulated systems and regulations based on public expediency and interest. Of course, copyhold of mines is employed for permission for use and not for possession. The copyhold of oil and gas mines is maximally beneficent for appropriation in exploitation within definite period of time with possible request for returning them in the case of non- exploitation. Manuscript profile

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19 - Theory of Agreement on Hadd (Prescribed) Punishments, Religious Jurisprudential Principles and Executive Challenges
Mohammad Ali Hajideh Abadi Abbas Ali Niknasab

10.22034/ijrj.2018.541393

In the Islamic jurisprudence, "prescribed punishments (Hudud)" are an important group of the punishments that are often physical; they have also been taken into consideration by the Iranian criminal legislator after the victory of the Islamic Revolution of Iran and have More

In the Islamic jurisprudence, "prescribed punishments (Hudud)" are an important group of the punishments that are often physical; they have also been taken into consideration by the Iranian criminal legislator after the victory of the Islamic Revolution of Iran and have been executed for more than three decades. During these years, the execution of some hadd (prescribed) punishments especially the murder and stoning to death has caused some problems for the country. A useful strategy to reduce the negative consequence of executing the physical punishments is to use the agreed reactions. Because based on this strategy, the physical punishments also are in the texts of the laws and can equally fulfill the horrendous target of the punishments. On the other hand, ignoring the execution of the physical punishments and using the agreed punishments in exceptional cases, the criminal can be encouraged to perform the positive and constructive behaviors, to compensate for the damage to the victim and the community and to make up the past, to understand his/her bad behavior and ultimately to improve and to rehabilitate physically and mentally. Regarding the emergence of theory of having an agreement on criminal justice, the question is arisen that is it possible to use the agreed punishments for the crimes that deserve hadd? In the present article, in addition to emphasizing the existence of religious jurisprudential principles and non-negligence of the executive challenges, the possibility of the case execution of the theory in the hadd crimes has been concluded. Manuscript profile

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20 - Jurisprudential and Legal Examination of Expediency in the Family Protection Law Approved in 2012
rahmatollah saeedighoraghani Mohammad Reza Keykha

10.22034/ijrj.2018.541394

Family as a unit of community is in the course of changes over time; therefore, family rights must also change in the course of social transformations. This requires that some of its provisions change with an approach of expediency element which is a subcategory of wisd More

Family as a unit of community is in the course of changes over time; therefore, family rights must also change in the course of social transformations. This requires that some of its provisions change with an approach of expediency element which is a subcategory of wisdom decree. Relationships among family members, especially between couples, are subjects that are influenced by changes over time, and it is natural that with the evolution of the subject, relevant rules and regulations will also be changed. The family protection law encompasses a comprehensive reflection on the issues of family and undoubtedly affects the global developments and conditions of Iran more or less. Therefore, the place of expediency in the Family Protection Law approved in 2012 can be investigated in various cases concerning family laws. According to this descriptive-analytical study, this result can be stated that some of the provisions of this law can be criticized and some of them are considered as its distinctive points. The category of counseling centers is a subject of criticism, because although the goal of these centers is to create peace and reconciliation, it virtually wastes time and causes nervous pressures in couples, especially in wife. In addition to cases which are criticized, considerations of an immediate decision such as custody, caring and visiting child and alimony, which are somewhat more vulnerable cases, are distinctive and positive points of the Family Protection Law.   Manuscript profile

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21 - Expediency and its Role in Contraction and Expansion of Legal Jurisprudential Rules of Polygamy
rahmatollah saeedighoraghani mohammd reza kaykha Haydar Amirpour

10.22034/ijrj.2021.682414

One of the outstanding elements of the principles of deduction of religious laws is the contingency of Islamic rulings on vice and virtue. Attention to the element of expediency in family law can be examined under various topics including the issue of polygamy. By study More

One of the outstanding elements of the principles of deduction of religious laws is the contingency of Islamic rulings on vice and virtue. Attention to the element of expediency in family law can be examined under various topics including the issue of polygamy. By studying and deliberating over this topic, and as a result of the present study, which was conducted using a descriptive-analytical method with the aim of investigating the role of the element of expediency in the contraction and extension of polygamy rulings, it can be construed that polygamy is not inherent in marriage, and considering the interests of the family, the wife is entitled to protect herself from the husband’s potential promiscuity by receiving assurance or a commitment from him. In contrast, in today's society, due to the rising rate of divorce, the declining rate of marriage among young people for a variety of reasons, the growing number of widows, and the presence of men whose spouses cannot meet their sexual needs due to cold temperament, sexually transmitted diseases, or unwillingness to have children, the expansion of polygamy can be justifiable subject to the observance of rules and regulations and can be considered compatible with the interests of society. Manuscript profile

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22 - The Legitimacy of International Criminal Courts in Dealing with Environmental Crimes Caused by Oil Pollution from the Perspective of Islamic Jurisprudence
Housin Foroughenia Ali Ashrafian

10.22034/ijrj.2020.671701

Environmental pollution caused by petroleum is one of the issues which is spreading today and causing irreparable damages, while the domestic courts of some countries, especially Islamic countries, are not able to or are less willing to prosecute the cases beyond their More

Environmental pollution caused by petroleum is one of the issues which is spreading today and causing irreparable damages, while the domestic courts of some countries, especially Islamic countries, are not able to or are less willing to prosecute the cases beyond their borders because of religious and legal barriers. Some of these crimes, especially environmental, are committed by the natural or legal persons of the Islamic countries or on the territories of these countries which have caused problems of jurisdictional conflict and other issues. The findings of the present study show that in the case of the exercise of international jurisdiction over the oil pollution offense, if the forensic investigators conclude that the investigation of such a crime would bring benefits to the Islamic Republic of Iran, such as bilateral agreements and acceptance, the legitimacy of referring disputes to the judgment of non-Muslims will be permitted. Therefore, this article examines the jurisdiction of international criminal tribunals in the cases dealing with environmental pollution caused by petroleum materials in the light of international law and present regulations in Islamic Sharia with a consideration of the theory of expediency set forth in Imamiyah jurisprudence. Manuscript profile

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23 - Rationality in Fundamentalist and Anti-Fundamentalist Phi-losophy
Mohammad Kamalizadeh Mir Ghasem Seyedinzadeh Hassan Sadeghian Komar-e Olya

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24 - A Comparative Study of the Impact of Social Political Developments of the Last Century in Iran on the Political Decisions of Imam Khomeini before and after the Islamic Revolution
Morteza Mohammadzadeh Abdolreza Baghi Morteza Abazari

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25 - The Status of Social Expediency in the Theory of Guardianship of Islamic Jurist
leila samadzadeh khameneh ebrahim yaghouti seyed abolghasem naghibi

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 More

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. Manuscript profile

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