نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 مدیر گروه فقه و حقوق و عضو هیئت علمی پژوهشگاه فرهنگ و اندیشه اسلامی
2 طلبه درس خارج و کارشناسی ارشد فلسفه دین دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Expediency is a component whose importance is not hidden in human life; But the ambiguity in the concept has made everyone claim to comply with it; Therefore, it is important to explain the criteria for determining expediency. Despite stating different criteria, unfortunately, their suitability with the place of expediency in different areas of life has not been observed; The present article has investigated this issue in a descriptive-analytical way from library resources for the purpose of restoration. Based on the knowledge system of Islam, there are five functions for expediency: "the criterion of rulings", "the subject of provincial rulings", "the subject of rulings or laws", "the secondary title" and "the removal of conflict", which are in the three areas of inference, legislation and implementation. The review and criteria of each have been explained. The recognition of expediency in the field of inference goes back to the sources of revelation, reason and logic, which is considered as real expediency if the criterion is certain. In the enactment of laws, criteria are divided into three basic, structural and content categories, each of which has more detailed criteria. In the field of implementation, the basic and content criteria for expediency are also mentioned as a condition of the subject of the ruling or law. "Harm and emergency" and "difficulty and embarrassment" are two titles that are true to expediency as a secondary title. Observance of the rule of "important and important" is also the main rule for resolving disputes.
کلیدواژهها [English]
)