Jurisprudential Foundations of Imam Khomeini's Viewpoints about the Credibility of the Criterion of Interests in Political Jurisprudence of Islam and the Necessity of Preparation of the Jurisprudence of Interest

Ansari, Hamid

Jurisprudential Foundations of Imam Khomeini's Viewpoints about the Credibility of the Criterion of Interests in Political Jurisprudence of Islam and the Necessity of Preparation of the Jurisprudence of Interest

Document Type : Original Article

Author

Hamid Ansari

Faculty member of Tehran University

Abstract

The preservation of public interests is one of the important duties of the government. In the Islamic system, "public interests" within the framework of the objectives of religion and criteria of Sharia is the pivot of all governmental decrees. The preparation of the jurisprudence of Interests (fiqh-ul-masliha) on the basis of the Shia jurisprudential methodology is necessary for the theorization of the viewpoints of Imam Khomeini regarding the issue of "interests and its role in the governmental decrees" which in turn will be necessary for the enhancement of the effectiveness of the system and consolidation of its legitimacy. In the viewpoint of Imam Khomeini, the authorities of Vilayat Faqih and the Islamic government in legislating the law for management of the society are beyond the perimeters of Primary and Secondary Decrees in their literal terms. In the governmental decrees, it is necessary to take the interests into consideration on the basis of practical reason and Sharia criteria. The definition of maslaha (interest) in the Shia jurisprudence is different from masalih morsaleh and istislah in the Sunni jurisprudence.

Keywords

interests

Vilayat Faqih

governmental decrees

Primary and Secondary Decrees

conflict of interests