definition, status and function of Maslaha i.e. Expediency in the Shia fiqh

Author:
Yahya Jahangiri
Level:
Ph.D
Field of study:
Shi’i Studies
Language:
Farsi
Faculty:
Faculty of Shi’i Studies
Year:
2019
Publisher:
URD Press
Supervisor(s):
Ahmad Vaezi
Advisor(s):
Mohammad Husain Mokhtari

Expediency originates from the text of religion, and the five Islamic religions all agree on the necessity of expediency. But there are fundamental differences between them in how to deduce and understand expediency. In Sunni jurisprudence, expediency and the interests of the message are the basis for forging and legislating rulings, regardless of the degree of validity and the real interests and corruptions. However, in Shiite jurisprudence, expediency is the basis of forgery and legislation according to the requirements, needs, and real interests and corruptions. The use of expediency in Shiite jurisprudence in matters such as the five interests, the most important rule, maintaining the system and the province has been seen in a prominent way. In Imami jurisprudence, governmental and unstable rules also have expediency and corruption, but the interests and corruptions of the first rules and government rules are not the same; Because in the first rules, expediency and corruption belong to what is called the philosophy of rules, and knowledge of it belongs to God, and reason can reach some of the interests, not all of them, but in government rules, interests and corruptions. Recognizes the Islamic ruler; That is, whenever the Islamic ruler, alone or with the help of experts, determines that doing or leaving something is in the interest of Islam or the Islamic community, he orders the people or forbids it. In this article, while briefly referring to differences of opinion in Islamic religions, the function of expediency in Shiite jurisprudence, especially in government rulings, is discussed and it was found that expediency in Imami jurisprudence is bound by conditions and criteria such as justice and harmony. It has the purposes of Shari’a, books and traditions, and its final diagnosis is with the guardian of the Muslims. He can seek help and advice from experts in this regard. Issue that in this case, following those rulings is necessary for everyone and all jurists.