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:: Volume 6, Issue 3 (Interdisciplinary Legal Research 2025) ::
ILR 2025, 6(3): 0-0 Back to browse issues page
The determination of expediency by the Islamic ruler and its relationship with the will of the people in Imamiyyah political jurisprudence
Zahra Khazaei1 , Mousa Bayat1 , Sara Akhondi1
1- North Tehran Branch & Tehran
Abstract:   (15 Views)
The limits of the authority of the ruler of the Islamic state have long been one of the important and controversial issues in the space of Imamiyyah political jurisprudence. The purpose of the present study, which was compiled using a descriptive-analytical method and library tools, is to explain the determination of expediency by the ruler of the Islamic state and its relationship with the will of the people within the framework of Imamiyyah political jurisprudence. The findings of the present study show that the determination of expediency by the ruler of the Islamic state in the space of political jurisprudence is carried out through the mechanism of government decree. The will of the people in the form of the concept of custom has been accepted by later fundamentalists, including Imam Khomeini (RA), in the process of determining expediency by the ruler of the Islamic state. Issuing a government decree does not always mean determining expediency and issuing a decree contrary to the opinion and will of the public; rather, in the form of a government decree, the Islamic ruler can create legitimacy for the will of the people in cases where custom and the will of the people conflict with traditional principles, rules, and rulings. This is the crystallization of Imam Khomeini's (RA) view regarding the equality of the authority of the Supreme Leader with the authority of the Infallible Imam (AS).
 
Article number: 3
Keywords: Procrastination of Proceedings, Fair Trial, Criminal Proceedings, Judicial Management.
Full-Text [DOCX 48 kb]   (8 Downloads)    
Type of Study: Research | Subject: Special
Received: 2025/10/2 | Accepted: 2025/10/3 | Published: 2025/11/3
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Khazaei Z, Bayat M, Akhondi S. The determination of expediency by the Islamic ruler and its relationship with the will of the people in Imamiyyah political jurisprudence. ILR 2025; 6 (3) : 3
URL: http://ilrjournal.ir/article-1-295-en.html


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Volume 6, Issue 3 (Interdisciplinary Legal Research 2025) Back to browse issues page
فصلنامه علمی تخصصی پژوهش‌های حقوقی میان‌رشته‌ای The Quarterly Journal of Interdisciplinary Legal Research
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