نوع مقاله : مقاله پژوهشی
نویسندگان
1 استاد دانشگاه تهران
2 دانشجوی دکتری فقه و مبانی حقوق اسلامی دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
There are many applications of expediency in the legislation of the Islamic Republic of Iran, and its contexts should be analyzed in terms of Islamic jurisprudence and thought. Imami jurisprudence has provided grounds for the active presence of expediency in the process of legislation in order to secure individual and social benefits; Considering that the possibility of paying attention to expediency in legislation has defined rules and criteria, the most important questions that are raised in this field are: what are the considerations and requirements of macro policy making in order to ensure expediency? What are the essential functions of legislation in order to ensure expediency? What are the components of legislative justice in order to ensure expediency? This research, while examining and analyzing the foundations, criteria and components of expediency in Imami jurisprudence, has analyzed its implications and practical applications in the legislative process, and while analyzing the existing gaps and challenges, the components of legislative justice in It has explained the direction of providing individual and social expediency in the legal discourse and legislation, and in general, the comparative study approach of Sunni and Imami jurisprudence has been emphasized in this research. The dominant view among the Sunnis is not to stick to the interests of the messenger, as it has been stated by some, all religions have acted on it in some way, and in terms of jurisprudential methodology, and the foundations of expediency in various forms and titles, valuing custom and others are mentioned in the basic sources.
کلیدواژهها [English]