مصلحت

The family is the central core of society, and its stability throughout history reflects humanity's efforts to preserve the bonds and relationships among its members. One of the key elements in strengthening the family is loyalty. The disruption of the family unit is considered one of the most serious harms to the government, forcing the authority to intervene in family matters. Among various viewpoints on how the government should intervene in the family institution, the view advocating for an ideal level of intervention, alongside the minimal and maximal intervention views, has greater potential for discussion and examination. According to the viewpoint of desirable intervention, there are necessities and capacities that require exploration. This study, conducted using a descriptive-analytical method and based on library resources, seeks to clarify the foundations for the necessity of legislative interventions through the concepts of public interest, public order, and the establishment of social justice. It also examines the possibility of determining responsibility and enforcement mechanisms in cases where spousal loyalty is violated. The outcome of this paper emphasizes the necessity for government interventions in the form of preventive laws. These laws are aimed at moderating policies of covering up offenses and facilitating proof of such violations.

According to the Constitution of the Islamic Republic of Iran, the Islamic Consultative Assembly (Parliament) is the primary body responsible for legislating laws. Alongside it, there exists another institution called the Expediency Discernment Council, which also plays a role in legislation. Under the Constitution, the Council has tasks such as solving systemic problems, resolving conflicts between the Parliament and the Guardian Council in cases of disagreement, and advising the Supreme Leader on formulating the general policies of the system. This study explores the concept of expediency within the framework of Islamic jurisprudence and the views of Western thinkers. It then compares this concept’s role with the duties of the Expediency Discernment Council. The study of the Council’s duties reveals that it is not primarily a legislative body and, consequently, is not directly involved in formulating a legislative criminal policy. The findings indicate that the concept of expediency in Shia jurisprudence, alongside discussions on priorities (important vs. less important), fixed vs. variable laws, and the ruler’s decree (Hokm Hokoomati), is not considered an independent source of legislation. This concept of expediency, based on Shia jurisprudential foundations, governs the structure and activities of the Expediency Discernment Council.

The jurisprudence of the objectives, which is opposed to the Akhbari jurisprudents and Sharia-oriented thinkers, is a school of jurisprudence that tries to explain the realization of the main objectives of the Sharia. This approach considers the use of modern thinking as one of the main methods of jurisprudence. Proponents of this school, who are mainly active among Sunnis, consider jurisprudence as merely a tool and consider the goals of jurisprudence (the general principles of Islam) more important. The main question of the current research is what are Shatabi's views on political issues as one of the objective thinkers? The research has been done by analytical and descriptive method and based on library study. The findings of the research show that according to Shatabi, the goal of Sharia is to fulfill the great interests of mankind. With this approach, Islam can preserve the Western democracy system and make this human experience more fruitful by transforming the Islamic principle of "council" as a moral instruction and general principles into a practical system for governance.

The history of Iraq's imposed war against Iran has witnessed numerous resolutions from the Security Council, which did not get the approval of the officials of the Islamic Republic of Iran due to ignoring the rights of the Iranian people, but due to the time conditions and the different provisions of Resolution 598, this resolution was accepted. Achieving the reasons for the acceptance of the resolution by the Imam (RA) and understanding his political strategies at that time is based on knowing the model of foreign policy he intended; Therefore, it is inevitable to explain the principles and foundations of Imam's foreign policy from the point of view of political jurisprudence. The current research, which is written in a documentary-library method and is descriptive-analytical with a qualitative method, has investigated the fixed principles and rules that were the basis of the foreign policy of the Imam (RA) in accepting the resolution; In this regard, it is possible to point out such things as duty orientation and action to the best of one's ability, the expediency of Islam and Muslims, the expansion of the influence of Islam, the negation of foreign interference, prioritizing the most important over the important, consulting and referring to experts, and the need to act on commitments and adhere to international agreements.

The most important condition for an Islamic state lies in the correspondence of the legal system of the Islamic state with religious principles and standards. This debate has been going on for a long time, from the Mashrooteh era to the present day, and it has been intertwined with the basic question of the necessity and whatness of the norm for perceiving the religious quality of the Islamic law. This research, using the analytical-critical method and intending to answer the question, tries to reach an answer befitting the Islamic system by delving into the ideas of this field and criticizing and evaluating them. This answer is based on the presupposition of the systematicity of Islamic thought, the feasibility of acting on the ruling jurist's fatwa, and its comprehensiveness and breadth compared to other pertaining viewpoints. Therefore, the fatwas issued by the ruling jurist with regard to conditions, place and subjective extension is the closest fatwa to the public interest and, thereof, the most applicable one for Islamic state`s legislation.

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

Studies show that "political expediency" is the most important determining factor in the domestic and foreign policy of the Islamic Republic. Despite extensive research in this field, these studies usually remain at the level of comparative jurisprudential study and provide a theoretical model based on the thought of Imam Khomeini is one of the important political needs of the country. Accordingly, in this research, using the "data foundation method", first the text of Imam Khomeini's letters and statements were referred to, and all the words that had a clear implication on the concept of political expediency were extracted and presented in a theoretical model. The results of this study show that Imam Khomeini, due to the fact that Velayat-e-Faqih represents the "royal and political" status of the Prophet of Islam (PBUH), considers it to have royal and governmental rules beyond the jurisprudence and sub-rules of Islam. Accordingly, expediency as a divine duty to get out of the impasse as a way to solve the problems of the Islamic government as the most important divine commands and therefore the leader of the Islamic community has the same authority as the Prophet and the Amir al-Mu'minin in government and the main authority to identify strategies and issues. There is Islam and the Islamic system. Expediency is a fluid and flexible thing that can change according to political and social changes and takes precedence over anything else in Islam. The reference or object is the expediency of the "political system or the Islamic Republic" and the end of the expediency is the "maintenance of the system".

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.

This article analyzes resistance based on the three theories of normative ethics. Ethics, in combination with politics, forms the basis of the political action of individuals and societies. Their "resistance" to dominating powers can be examined from a moral point of view. Proponents of secular ethics have applied ethics to the extent that it helps to organize the social system and make its citizens more sociable towards it. Advocacy of non-secular ethics in this context raises some cognitive and practical challenges; One of these challenges in applied ethics is defending the right to resist. Although such a right has been considered a normative principle in modern times, its moral exploration, especially from a non-secular point of view, can be an attractive topic in the field of ethics. Therefore, using the method of reflective equilibrium, the authors try to provide appropriate theoretical arrangements for the flow of political resistance in the field of philosophy of ethics and political theory, while explaining the conceptual structure of resistance ethics. Accordingly, in this study, the relationship between the moral right of political resistance and the categories of moral community,public interest and honor has been discussed.

Transparency is one of the applied political-moral terms which has to be precisely delineated and delimited in terms of the standards to which one refers to make a true judgment on its truth or falsity in different circumstances. The research question of this paper is that whether transparency in the Islamic government can be taken to be a major principle or not. If so, what is the standard of transparency in the Islamic government regarding different things? As a matter of fact, the main question of this research which has been conducted drawing upon analytic-citation method is that how far and to what extent the functions of a ruler in the religious government should be transparent and how one can set a criterion for the necessity or lack of necessity of transparency in the functions of rulers or in the structure of the government. Findings of the research demonstrate that the standard of justice-security, together with the Muslim guardian jurist’s authoritative (wilāī) judgement can be regarded as a standard for discerning the realm of transparency in the religious government. According to this standard, as long as transparency does not contradict justice, transparency is a matter of urgency, though in certain cases where justice is difficult to discern, another complementary standard which is to be presented is security. According to this complementary element, as long as security – in varying aspects – is not questioned, transparency is urgent. However, in certain cases, due to the conflicts of interests, security may also not be defining. In this case, the authoritative judgement of a Muslim gurdian jurist which functions as a virtuous paradigm, will delimit boundaries of transparency.

The discourse of the Islamic Revolution, before the victory of the Revolution, in its formulation in the face of other political discourses, defined itself and articulated its signs and was able to differentiate itself in the political atmosphere of the revolution and to express the "hegemonic" discourse. The main signs of the discourse of the Islamic Revolution were elaborated around the central sign of "political Islam". This articulation continued after the victory of the Islamic Revolution. The situation that changed this discourse after the revolution was that a "political system" was now formed based on this discourse, and this issue caused this discourse to face the conditions in which some changes took place. Since the basic basis of the Islamic Revolution was political jurisprudential Islam and the supreme leader was at the head of this system, any change in this discourse must have a jurisprudential aspect. In this article, the question has been considered that, considering the component of jurisprudential rationality, what is the main reason for the emergence and evolution of dominant discourses in the political system of the Islamic Republic of Iran? In the meantime, the hypothesis of this article is that the two interconnected categories of "expediency" and "government ruling" are considered as the main factors of change in the discourse of political Islam from the perspective of jurisprudential rationality.

According to the teachings of political science and international relations, governments are the only actors who simultaneously dominate the four elements of population, territory, government and sovereignty. In order to pursue their goals outside the national borders, these actors apply management which is called foreign policy, and one of the important components of this field is the decisions that are made with the aim of improving the position, strengthening the power and gaining benefits. Decision-making in foreign policy is influenced by human, material, normative factors and numerous patterns, and the Islamic Republic of Iran as a government actor is not exempt from this rule. But in addition to general patterns; special territorial, cultural, historical, demographic characteristics, etc.; It can distinguish the foreign policy and decision-making methods of the actors from each other and establish a special approach for each of them. The current research, using the Islamic theory of foreign policy, seeks to explain the causal relationships between the variables that have led to the formation of the "expediency-oriented" approach in the decision-making of the foreign policy of the Islamic Republic of Iran. therefore; The article seeks to analyze the dimensions of this question, "What is the nature of expediency approach and the rules governing its implementation in foreign policy decision-making?".In search of answers; This hypothesis has occurred that expediency in the field of foreign policy decision-making is aimed at the three-faceted concept of "maintaining the system" and follows its realization through the means of eliminating conflicts and resolving conflicts between various goals in order to avoid harm and maximize benefits for the general society in the field of foreign policy.

The present study is dedicated to examining the basics of temporary detention in Islamic jurisprudence and its application to the legislative status of this detention. In this regard, the author has examined the examples of temporary detention in Islamic sources and explained the jurisprudential rules for or against temporary detention. The findings of the study indicate that the only case that can be carried out with certainty on the use of the institution of temporary detention in Islamic sources, is to keep the accused of premeditated murder for up to six days to establish evidence, and therefore temporary detention has no religious origin. In jurisprudential rules, such as the principle of innocence, the prohibition of hastening punishment, the prohibition of double punishment and the sanctity of the believer's dignity require that the initial ruling be that the use of temporary detention is illegal and that this use be based solely on the rule of urgency. The conditions of this rule are justifiable. In using temporary detention, the condition of proportionality between the danger of the accused's release and deprivation of liberty and the limited time to establish emergency conditions must be observed, and forcing temporary detention cases has no legal basis. In the application of Sharia to the law, the amendments to the Code of Criminal Procedure adopted in 1392, in terms of facilitating temporary detention, monitoring it and eliminating forced temporary detention, are very compatible with the jurisprudential principles of temporary detention.

Human dignity along with peace is one of the basic origins of the religion of Islam. Sovereignty is having such powers so that it can establish security and social justice in society.Intrusion into privacy and the preference of public rights over the rights of individuals is permissible for rational and narrative reasons, but in some cases it is obligatory.The main purpose of this study is to explain the mechanism in the Holy Sharia to protect and control public rights and the right of the Islamic ruler to enter the privacy of individuals at different times and places when needed and within the scope of the Holy Sharia.As it was stated, maintaining the system is obligatory and there are many rational reasons for the necessity of the rulings in Imami jurisprudence; Which was mentioned and the lack of attention to the situation of the deprived of society and in general all members of the Islamic society causes chaos and dissatisfaction of the people and in other words disrupts the Islamic system and endangers the Islamic system. In this regard and with this aim, the Islamic ruler can investigate the situation of the people under his control so that the lack of knowledge about the affairs of the people causes disorder in the system.

Interpretation of texts is very important in Islamic law and follows certain rules and regulations. The breadth of the field of Islamic law, the existence of numerous religions and schools with different rules and principles on the one hand and the lack of independent and comprehensive writings on how to interpret criminal texts on the other hand, has made it difficult to research the principles and rules of interpretation in Islamic criminal law. It is destined that Muslim jurists have often interpreted the texts and rulings in a different way from the usual methods in other parts of Islamic jurisprudence. However, the generality of the penal texts, on the one hand, and the ambiguity and conciseness that may exist in the meaning of the texts, on the other hand, necessitate the interpretation of the texts. The prohibition of the development of limits or the construction of limits on mitigation and precaution and the rule of door or the lack of proof of hadd, despite the doubt, in the interpretation of penal texts can be examples of the function of expediency in interpreting hadd punishments.

The innate and instinctive interest of people in owning achievements and what meets their needs in various fields has led humans to recognize the principle of ownership for a long time. Celestial religions, including Islamic law as the last divine religion, have also signed and affirmed the respect of private property. Islam not only gives people control over their property and gives them various possessions in their property, but also forbids the interference of others in the property of individuals except with their full consent, however, because the ruling body is in charge of the affairs of society and responsible Performing public services and administering justice in society and laying the groundwork for the exercise of individual property. This principle has some limitations and has caused the owner to allow the ruling body in some cases to expropriate in order to exercise social interests. Restrictions on the private property of individuals by the governing bodies can be examined within the framework of the two criteria of "expediency and necessity". Accordingly, the present study seeks to investigate the role of expediency and necessity in the preference of a kind of social ownership over personal property. The results of the study indicate that the need to maintain social order and in the highest horizon of social justice requires that the rule of society,

 Guidance prohibition and its related issues have been proposed by scholars of the principles of jurisprudence, and they have discussed the signs and examples of this issue. The present article, which has been written in an analytical-descriptive method, has organized its discussions based on two hypotheses by stating the nature of the instructional ban;First, the criteria for recognizing the instructional prohibition are different from other prohibitions, and secondly, the instructional prohibition has effects such as proving the Shari'a ruling, corruption of action, and discovery of the status quo. The result of this research is that the criterion of guidance is to observe the expedient duty and prevent him from being in the worldly corruptor and practical harms that are forbidden from it, and for this reason, committing it has no afterlife. In addition, the effect of prohibitive guidance, whether it is guidance in detail, conditionality or obstruction, and whether it belongs to worship or transactions, is corruption.Keywords: Prohibition, Guidance, Expediency, Corruption, Imami Jurisprudence

One of the rational foundations of jurisprudence that Imam Khomeini highlighted in his political discourse was expediency. Imam Khomeini paid attention to the fact that for the continuation of the political system in the Islamic Republic, it is vital to pay attention to the interests of the political system and society. Therefore, facing new political challenges and conditions opened the way for the use of the element of expediency, in which "public good" played a prominent and special role. The evolution of the category of expediency, which was accompanied by the rulings of Imam Khomeini, was to open political and social knots that had become "problems". Therefore, in the revision of the constitution, solving the problems of the system is one of the consultative matters that the Expediency Council He gives a leader who can solve them by securing the interests of the country and society. The sign of expediency, in the discourse of the Islamic Republic, which is the continuation of the discourse of political jurisprudence, is closely related to reason and rationality. This article clarifies that the formation of expediency was precisely based on the issue of legislation in the Islamic Republic. This issue is directly based on the relationship between Sharia and law.

The present study aims to address the notion of “expedience”in one of the most significant politico-historical phenomena at onset of Islam, namely Siffin Treaty, so as to develop patterns of expedience in Islamic Republic of Iran. As a result, the main question of this research is: How should the notion of “expedience” in treaty between Imam Ali and Muaviye should be defined and addressed?The results of data analysis through Schleiermacher’s hermeneutics are based on nine items of hermeneutic circle of tradition and history, context and background, experience(for reconstruction of community background during Alavi State), language, intention and purpose of author, implied and implicit meaning, interpretation and reading by reader or interpreter) for understanding Imam Ali’s conditions and intention of accepting Siffin Treaty suggest: “Expedience” in Alavi State is the same as Islamic expedience established during the reign of Prophet Mohammad. In other words, expedience at the time was a conditional affair in an Islamic framework so as to realize the basic goals of Islam, namely stability of Islamic community and continuation of reign by taking measures against discrimination, violence, threats and exile, In an Islamic state,the notion has the following characteristics: 1-It is a temporary solution.2-It is used for protection of the community and Islamic rule during times of emergency.3-It is only justified according to decrees in Quran and prophetic tradition.4-It does not exclude any principle. 5-It is accompanied by a long-term benefit. 6-It results in victory and majesty of the Muslims. 7-It provides maximum benefit for the least cost.

This research has been done in order to study the legal theories in the field of representation in dealing with oneself in Iranian law and the theories proposed in jurisprudence and its application to the British legal system. On the other hand, one can take a closer look at the scope of a lawyer's authority in the transaction. Therefore, the agency is first stated as a legal relationship by which a person has the right to perform legal acts on behalf of and on behalf of another person, so that the effects of those actions directly affect the latter, which according to this definition of common funds. And its difference with other institutions is clear. Regarding the basis of agency, among various theories, the theory of succession due to creative will and the ruling of the legislator has been preferred, and in discussing the legal nature of agency, we considered contractual agency as a kind of right. In the matter of the territory of the representative, it was concluded that according to the general principle, there is the possibility of representation and representation in any matter, unless it is excluded by the legislator or it is not rationally possible.