The criteria of Expediency Discernment of the System from the perspective of Islamic political jurisprudence”

Expediency Discernment of the System which is rooted in the Shiite dynamic jurisprudence, has a high position in the jurisprudential, legal and political discourses of the Islamic Republic of Iran. The Discerned Expediency becomes more important when following it a primary religious decree is replaced by a secondary decree. Accordingly, one of the essential conditions in Expediency Discernment is being systematic and determination of the principles governing the process. Lack of principles and criteria to be considered as a theoretical framework and policy for the process, is likely to entail the misgiving about politicization or interference of individual or group interests in the work of the System Expediency Discernment Council and the Islamic Consultant Council (parliament) in discerning the Expediencies of the system. The present paper by an analytical and descriptive method, after explaining the definition of Expedience, Expedience of the System and its degrees has offered some criteria as the jurisprudential and legal necessities of Expediency Discernment in order to recognize under these principles the Expediencies of the System and in addition to regulating the process, eliminate any misgiving about politicization and following the personal tendencies in this field. It is obvious that ignoring these principles may entail legal and judicial sanctions.