Document Type : Original Article
Author
Assistant professor, Department of Public Law, Tarbiat Modares University, Tehran, Iran
Abstract
Expediency discernment and acting upon it has been an inherent duty of all governments throughout human history, and the Islamic government, as one rooted in the Sharia of Islam, is no exception to this general principle. In an Islamic government, the discernment of public interests based on religious teachings is considered an obligation of public officials. However, the broad and ambiguous nature of public interests, along with the methods of their discernment within an Islamic government, constitutes the main challenge in fulfilling the mandate to uphold expediency. Accordingly, the primary question of this research focuses on exploring methods for discerning public interests in an Islamic government. This research adopts a descriptive-analytical approach, suggesting that, since Sharia rulings are based on the real benefits and harms, the method for realizing public interests in an Islamic government is the implementation of Sharia rulings. Nevertheless, due to the practical conflicts among the subjects of Sharia rulings, a process can be devised for public officials that relies on rational, religious, and external priorities, resulting in the prioritization of the more important to the less important. Objective criteria for expediency discernment, outlined under the primary principle of prioritizing the more important over the less important, include, for instance, the preservation of Islam and the Islamic system (justice, peace, Muslim dignity, rejecting the dominance of non-Muslims, and the safeguarding of Muslim lives and property, as well as public interests), which encompasses adherence to Sharia rulings as well.
Keywords
Main Subjects
)