نوع مقاله : مقاله پژوهشی
1 دانشیار دانشگاه تهران
2 دانشجوی دکتری فقه و مبانی حقوق اسلامی دانشگاه مذاهب اسلامی
عنوان مقاله [English]
“Expediency” is a widely used and familiar term in jurisprudence and its principles. From the perspective of Islam, it is referred to as any action that leads to material and spiritual benefit for individuals and the society. From the perspective of jurists of Islamic schools, “expediency” is essential to the legislation of Islamic rules and regulations – although there is no agreement on the extent of this role. The dominant view, the perspective of most jurists, on divine rules is that they include variable and fixed ones. In this perspective, divine regulations – especially prescribed corporeal punishments – do not change under any circumstances and are binding at any time and any place. Contrary to this perspective, some other jurists consider that expediency conditions are effective in Islamic rules. The latter believe that regulations are established on the basis of good and evil and the purpose of enforcing regulations is to achieve expediency. In general, expediency in the jurisprudence of Islamic sects can be taken in this sense in relation to the implementation of punishment, especially prescribed corporeal punishments, in addition to legislation. In other words, in cases of conflict between the grounds of religious orders and the potential impact of circumstances against the actualization of orders, the ruler can resort to secondary rules and expediency in order to suspend certain prescribed corporeal punishments and replace some of them with some alternatives. Therefore, it is necessary to consider expediency conditions in relation to corporeal punishment and the quality of its implementation with regard to the requirements of time, place and persons of punishment and in compliance with religious narratives and the opinions of jurists. Moreover, in case of doubting the existence of expediency conditions, prescribed corporeal punishment would be subject to suspension.