Expediential criminalization is the group of criminalization which are legitimized based on the principle of expediency. Expediency is a common and widely used concept for which different interpretations exist. Therefore, in this study, clarification of the concept, boundaries and determining its criteria and their impact on the criminalization are first addressed and then the position of expediential criminalization is studied in the Islamic republic of Iran government. In the Islamic republic of Iran, the criterion for expediential criminalization is the benefit of the government. The reference for determining it is the council selected by the leader known as “the expediency discerning council”. In some cases, this institution has the right to cross the principles and provisions of the constitution and Islamic laws. This type of expediency has an important impact on the criminalization due to which criminal, political, and periodical inflations and reactive criminal laws occur and it faces various challenges such as political, legal, ethical, religious, and human rights challenges.

Expediency, as one of the pillars of decision-making and policy-making systems, has received attention and emphasis in the Islamic Republic due to the resolution of conflicts and contradictions in the governance sphere to overcome challenges. Indeed, Shiite principles regarding expediency have produced a distinct type of expediency, reproducing a specific model of expediency that stands opposed to expediency in the sense of opportunism (in materialistic schools) and expediency in the sense of approval (based on Sunni logic). Naturally, this type of expediency has imposed different requirements on expediency in the Islamic government, including the prioritization of expediency over previous criteria based on wisdom and the perspectives of experts in specialized fields, as well as encompassing definite and real subject matter identification and reliance on expert opinions in the council process and referral to specialists. This research, based on descriptive and analytical methods, examines the expediency process under the Islamic government to understand how it is applied in the legislative system and investigates strategies and solutions for achieving desirable expediency convincingly and effectively.

The concept of "interest" and some terms like grace and credit play a pivotal role in explaining the initial pains. In analyzing the concept of interest in theological approach, the overall concept is intended while in verses of the Quran and hadith is mostly pointed to the examples of interest such as reward, God’s trial, perfection, and so on. Islamic theologians expressed four views about the role of interest in goodness of initial pains. According to the first view, divine action is deemed the same as interest which can not be measured by the yardstick of human reasoning and nothing be required of God as well. The second view says that the interest has no role in goodness of initial pains and God’s compensation is enough for its goodness. The third view says that the interest is deemed a sufficient condition for goodness of initial pains and does not require compensation. The third view deems God’s compensation necessary in spite of necessity of interest for goodness of initial pains. As a result of these challenges the author of the present paper concludes the fifth view saying that the constant accompaniment of interest is a requisite for all initial pains, although it is not enough in some initial pains.

Expediency is an important factor for legitimizing of the precepts. In general, wisdom is unable to discover the corruptions. Governmental precepts arent static. They 'll be issued according to the governor's expediency.Four two reasons, expediency of the Islamic system relates directly to the protection of the system: first it prevents turbulence in the society and second it orders the governmental organizations and institutions.

Expediency is among the most important concepts of the political jurisprudence. Regardless of the primary expedients based on which the divine rules have been issued, expediency has found a new use in the realm of the governmental regulations. Imam Khomeini, in line with the rationalization of the theory of the absolute rule of the jurisprudent, has referred to the central notion of the expediency of the system. Generally, when the religious jurisprudents apply terms such as the disruption of the "system", they mean "social disruption"; however, it seems that by the "expediency of the system", Imam Khomeini refers to the "expediency of the Islamic Government", rather than just the expediency of the social system. Therefore, it might be said that applying the term of expediency with this meaning has been an innovation by the late Imam for the solution of the problems of the Islamic republic government. Although expediency with this meaning is considered as a solution to the problems of the Islamic government, there are theoretical and practical ambiguities in regard with determining the meaning, criteria, and the references for its discernment.

Expediency and it's criteria for the diagnosis of public interests after the islamic revolution was considered by many experts. There is a long history of jurisprudence in sunni and it’s novelty in shiite jurisprudence and in iranian law, which led many interdisciplinary studies. Many criteria have been proposed for Expediency. In this paper, firstly, the authors address with historical introduction in the necessity of provide the criteria of expediency, the expression and criticism on the famous twelve criteria and have tried to review all these criteria. Then, by revision of the dispute and clarify the meaning of public interests and limitation it to cases of contention, have tried with a new look to Expediency to propose a process not regulation the criteria to experts believe that expediency are correct.

Expediency originates from Sharia and is defined as distinguishing good deeds from bad deeds. The long history of expediency in Shafi‘i and Ja‘fari jurisprudence makes it justifiable to conduct comparative studies. Shafi‘i jurisprudence considers expediency as a kind of argument, covering all kinds of expediency-based Ijtihad by expanding the scope of syllogism. Employing rational perceptions and conforming modern issues to existing reasons, Shafi‘i jurisprudents use exegesis-based Ijtihad, syllogism and Exigency-based reasoning. Ja‘fari jurisprudence considers certain perceptions of rationality as the basis of truth, and considered pursuing them necessary like Sharia laws. In both Shafi‘i and Ja‘fari jurisprudence, intellect has been accepted as a means for deducing governmental rulings based on expediency, but there are differences among these two kinds of jurisprudence in terms of function and application. Expediency plays an essential role in the scope of governmental rulings. Governmental rulings are issued and implemented depending on expediency. These rulings are expediency-based and are not considered as permanent rulings.

Making it easy to meet the legal requirements of the society is an expediency that has a special role in satisfying the essential and general requirements of the contracts. Meanwhile, a number of lawyers, innovating a new theory called “the hidden expediency of the contracts”, believe that the hidden expediency plays an essential role in recognition of the requirements of the contract. Therefore, the present article first analyzes the role of expediency in the emergence of the requirements of contracts. Next, it reviews the viewpoint of the hidden expediency. The results show that expediency both is the reason for making elementary and secondary rules and has a central role in the actualization of the new contracts and the formation of essential and general requirements. Resorting to the essential expediency of the contract and its presumed continuity in the case of doubt is a legal solution to recognize the requirement of the contract which is considered as the main solution by the Imamiyyah jurists. The solution of the hidden expediency, if it is meant the same contracted essential requirement, is not a new matter; rather, it has been referred to earlier by the jurists. However, if it is a flowing and unstable matter that changes over time it cannot be a way for recognizing the essential requirement of the contract, because it changes the nature and the essence of the contract.

By following the works of Shia jurists, various aspects of expediency are raised, including the concept of "social expediency". The meaning of this concept, which is opposite to the individual interest, is the interests that exist in the field of society and have examples such as establishing order and proper management of society, promoting the level of education and culture in Islamic society and things like that. Examination of jurisprudential texts shows that although individual interest has an effective role in legislating the rulings, but in the position of conflict with social interests, it is usually overshadowed and in the view of Sharia, typical and social interests always take precedence over individual interests. Nevertheless, the important thing is that every decision or discretion cannot be classified as social expediency. According to Shia jurists, social expediency has rules and criteria that define and revise its boundaries from other issues. In this article, an attempt has been made to explain the limits, criteria and indicators of the concept of social expediency. It should be presented in Shiite jurisprudence in order to limit or block the possible abuses.

According to Allamah Tabataba’i, expediency means something being in accordance with its real nature, leading to its deserving and befitting goodness and benefit, without becoming corrupt that would deprive it of its positive effects. This definition can be semantically analyzed into three main elements: “expediency, being a state of existence”, "in accordance with the real nature of things" and "the real nature of things leading to deserving goodness and benefit”. Additionally, two secondary elements can be identified in this analysis. The consequences of this analysis become clear in the domain and instances of expediency. Although the provided definition is precise, it seems not to be comprehensive and only encompasses existential (takwīnī) expediency. Therefore, if we aim to provide a comprehensive definition, we should state that "expediency is the worthiness and appropriateness of every matter in accordance with the actual reality of the thing". This definition can be analyzed into three main elements: "expediency, being an existential and non-existential matter appropriate in accordance with the actual reality of things", "in accordance with the actual reality of things," and "the dependence of the levels of expediency on the degree of worthiness and appropriateness to the actual reality of things". Additionally, three secondary elements can be identified in this analysis. The consequences of this analysis are also clarified in the domain and instances of expediency