The Place of Expediency in Imamiyyah Jurisprudence and Islamic Ethics

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.