expediency

Imam Ali (a.s.) as the ruler and leader of theIslamic society, used to issue governmental decrees invarious fields, and these decrees were accepted in warsand other occasions. Analysis of the rulings of Amir alMu'minin and especially the rulings in the political field,because he was the leader of the Islamic society for a shortperiod of time and because of his position of infallibilityand immunity from mistakes, we can benefit from hisruling measures. It seems necessary.

The present study aims toanalyze the rulings of Amir al-Mu'minin (AS) in thepolitical sphere by adopting the descriptive-analyticalmethod.

The researches show that government decreessuch as amnesty to the survivors of the Battle of Jamal,acceptance of arbitration in the Safin War, failure toreturn Fadak to the Ahl al-Bayt (AS), disclosure of badrecords of some people, removal of the title of Amir alMu'minin in the arbitration agreement and acceptance ofit from Hazrat district is a government decree that wasmade with specific goals and interests of Hazrat district.

Each of the aforementioned governmentdecrees was issued with specific goals, the mostimportant of which was to preserve the nascent Islamicsystem.

By carefully studying the principles of Islamic ethics and jurisprudential and legal works, it is explained that there is less disagreement about the need of observing expediency from other non-coercive guardians. The opinion of Imamiyyah jurists is that the father and paternal grandfather are introduced as the coercive guardians of minor and someone who can not interfere in finances and has been introduced as insane (whose insanity is related to childhood). Although Islamic ethics adheres to the necessity of observing expediency in general but there are strong differences of opinion regarding the conditionality of possessions of the father and paternal grandfather to the necessity of observing expediency. It seems that according to the order of the Holy Quran, the philosophy of guardianship and Islamic morality, compliance with this condition should be considered mandatory for all guardians. Our aim in this article is to explain the position of expediency based on the teachings of jurisprudence and Islamic ethics.

The method of this article is descriptive-analytical and so it has been prepared using documentary method by taking notes.

The issues related to ethics in research as well as fidelity in citing article citations have been observed.

The findings indicate that contrary to jurisprudence, the civil law explicitly obliges the guardian to observe expediency. The criterion for recognizing expediency and observing that is custom and about recognizing it is the authorized person in possession. However, proving the opposite is also possible and will lead to the removal of the guardians, the conversion of trust possession into usurper possession, the obligation to compensate and making voidable the transaction. In the case of dispute between a ward against the guardians for not observing interests, he is the one who has to provide evidence; otherwise, the words of the guardians of possession take precedence, because they are known as trusty.

Relying on Islamic ethics and based on Imamiyyah jurisprudence the father and paternal grandfather should respect the interests of the person under guardianship. Although the jurists have not explicitly set a duty regarding personal responsibility other than the father and grandfather, but Islamic ethics requires that everyone be expedient in this regard. There is also the implication of priority in such a way that: if in the situation of father and grandfather it is necessary to observe expediency, a person other than father and grandfather should observe expediency.

Since children need a lot of support to respect their interests and rights, Islamic jurisprudence and law is expedient in various issues and has considered the envy of children. And the legislature sets the rules to take into account the different circumstances and situations of the child. The purpose of this article is to explain the strategies for observing the envy and interest of the child during custody.

This descriptive-analytical article has been prepared by using documentary method and filing tool.

The findings indicate that; Expediency is a powerful tool that can be used to the benefit of the child by observing jurisprudential and intellectual standards. The importance of this issue is evident in the adaptation of dynamic Shiite jurisprudence to the new conditions of society. Adulthood has criteria and symptoms that are considered a child until these symptoms and criteria are met. And needs support, and in some cases, especially in finances, the jealousy and best interests of the child should be considered by his or her guardians.

 From the beginning to the end of the article, it has been prepared and compiled with adherence to the principles of honesty and trustworthiness.

Guardianship of children is a very important issue that has long been discussed and studied by jurists and jurists. In this regard, the Family Protection Law approved in 2012 in order to protect children, has enacted new laws that in order to protect the child, the observance of envy, expediency and benefit is the criterion. The new attitude of the law has caused all issues related to custody and custody, including the right to visit, agreements on custody, transfer of the child to another city, etc., to be the basis for court decisions based on the best interests of the child.

The rule of maintaining order is one of the most important rules that has been studied under the secondary provisions, and considering the extent of the provisions of this rule in terms of criminal law, private law and public law, it can be said that the implementation of provisions resulting from maintaining order can According to the implementation of the provisions of jurisprudential rules, such as the no-harm rule, the rule of domination, the rule of iodine, the rule of guarantee of iodine, etc., and the following legal principles such as the principle of expediency, the principle of enforceability of rulings, Society, the principle of legality of the sentence and dozens of other principles should be examined. The rule of maintaining order is a solution in exceptional circumstances, and the jurists, according to this rule, have forbidden any issue that disrupts the system, and have issued a fatwa on what is necessary to maintain order, and therefore the issue of the correct implementation of this The rulings that have been set in order to maintain the system and prevent the disruption of the system are important. Since the application of this rule will be possible in order to execute the binding sentence, therefore, studying the rules and principles governing the rule of maintaining order in the execution of the sentence is important in both jurisprudential and legal dimensions according to the library method. And analysis and description of the contents are studied in the present article.

Population control is a deliberately change in the population growth rate, which aims to reduce population. This policy is usually adopted with consideration of the natural, economic and social conditions and facilities in a Society, Which is in the Islamic society and in the presence of the jurisprudents, have adversaries and opponents. Usually Population control is also associated with citizenship rights because it deals with the political, economic and social life of mankind. In this regard, the present study seeks to answer this question that: To what extent can the adoption of population control policies in the Islamic society be protecting or violating of citizenship rights? The hypothesis is that the existence of the principle of expediency, as the main reason for the ruler of the Islamic society, provides a Possible that He Take action to regulating the population of the citizens and preserving the interests of the Islamic community. The results of this study indicate that the population regulation policies, including the reduction or increase of population by the Islamic ruler, indicate that these decisions are compatible with the interests of the Islamic community and do not violate citizenship rights. The research approach is descriptive-analytic, which has taken action by library method for collect information.