The Principle of Expediency in the Islamic Legislative System and Its Application in Family Law (Book): Difference between revisions
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* '''Abstract''' | * '''Abstract''' | ||
'''The Principle of Expediency in the Islamic Legislative System and Its Application in Family Law''' (in Persian: [[:fa:اصل_مصلحت_در_نظام_قانونگذاری_اسلامی_و_تطبیق_آن_در_حقوق_خانواده_(کتاب)|اصل مصلحت در نظام قانونگذاری اسلامی و تطبیق آن در حقوق خانواده]]) is a book in the field of the [[jurisprudence of expediency]] (Fiqh al-Maslahah) that examines how | '''The Principle of Expediency in the Islamic Legislative System and Its Application in Family Law''' (in Persian: [[:fa:اصل_مصلحت_در_نظام_قانونگذاری_اسلامی_و_تطبیق_آن_در_حقوق_خانواده_(کتاب)|اصل مصلحت در نظام قانونگذاری اسلامی و تطبیق آن در حقوق خانواده]]) is a book in the field of the [[jurisprudence of expediency]] (Fiqh al-Maslahah) that examines how [[Principle of Expediency]] is applied in family law. [[Mohammadreza Moradi Posht-e Darbandi]], the author of the book, by articulating the legitimacy of expediency, its applications, the criteria of expediency in issuing [[Governance Edicts]] (Ahkam Hakumati), as well as the evidence for the [[authority]] (Hujjiyyah) of [[Governance Edicts]] and [[Guardianship Edicts]] (Ahkam Wila'i), has investigated the principle of expediency in the [[legislation|Islamic legislative system]]. In this work, he has examined the Principle of expediency under various headings such as the [[philosophy of legislating religious Edict]], the reason for [[deriving religious rulings]], and the constraint on the Subject-Matter (Muta'allaq) of religious rulings. Moradi has dedicated an important part of this book to the principle of expediency in the thought of [[Sayyid Ruhollah Musavi Khomeini|Imam Khomeini]], with an emphasis on family law. However, in the final section, where the principle of expediency was supposed to be applied to family issues, no fundamental point has been articulated, and the author has sufficed with reporting topics about the status of the family in Islam. | ||
== Brief Overview and Report on Structure == | == Brief Overview and Report on Structure == | ||
The book The Principle of Expediency in the Islamic Legislative System and Its Application in Family Law is a Persian book in the field of the jurisprudence of expediency, written by Mohammadreza Moradi Posht-e Darbandi, which applies the issue of expediency to family law. This book was published by Aftab-e Giti Publishing Institute in 2020 (1399 SH). The author considers one of the ways of the dynamism of jurisprudence, and consequently the immortality of the religion of Islam, to be connected to the existence of the element of expediency, and believes that governmental jurisprudence is based on expediency, and these two elements seek to introduce religion into all spheres of life, including family law (pp. 10-11). | The book The Principle of Expediency in the Islamic Legislative System and Its Application in Family Law is a Persian book in the field of the jurisprudence of expediency, written by Mohammadreza Moradi Posht-e Darbandi, which applies the issue of expediency to family law. This book was published by [[Aftab-e Giti]] Publishing Institute in 2020 (1399 SH). The author considers one of the ways of the dynamism of jurisprudence, and consequently the immortality of the religion of Islam, to be connected to the existence of the element of expediency, and believes that governmental jurisprudence is based on expediency, and these two elements seek to introduce religion into all spheres of life, including family law (pp. 10-11). | ||
The book, which seems to have originally been a thesis, contains numerous repetitive discussions and abundant typographical errors, which has reduced its utility. | The book, which seems to have originally been a thesis, contains numerous repetitive discussions and abundant typographical errors, which has reduced its utility. | ||