The Position of Expediency in the Islamic Government with Emphasis on Imam Khomeini's Jurisprudential-political Thoughts

The discussion on expediency in the ShiÝÐ political jurisprudence (fiqh) has gained tremendous importance after the Islamic government was established and the scholarly discussions entitled ‘the authority of the Muslim guardian jurist’ was raised by Imam Khomeini (may God sanctify his soul). This article is intended to explain what position expediency occupies in Imam Khomeini’s jurisprudential-political thought as a strategy for resolving the conflicts of rules (antinomy). The main question is whether, in the period of Major Occultation, the Muslim ruler can lay down rules with the element of expediency in mind or not.Rules and laws in Islam are meant the canonic or revealed rules and laws or the collection of rules and laws which have been laid down, in accordance with the general divine laws, by the legitimate leader to run the affairs of Muslim community and to ensure people’s interests in the society. In the political thought of Islam, expediency is taken into consideration in the framework of legal rules and regulations. What makes a link between expediency and government is not the position of expediency in terms of its authenticity or authority but in terms of the practice of obeying the law which is mainly expressed itself in two forms: conflicts of rules (antinomy) in the jurisprudential principles and governmental law. According to Imam Khomeini, therefore, in the period of Major Occultation, the Muslim guardian jurist can terminate primary or secondary rules on the basis of expediency or out of necessity, and put them into practice again in case the crisis situation is overcome. This form of expediency is possible only in the realm of governmental rules. From Imam Khomeini’s point of view, jurisprudence of acts of worship and that of transactions as well as primary and secondary rules come under the umbrella of expediency.