مباني فقهي ديدگاه امام خميني در اعتبار ملاك مصلحت در فقه سياسي اسلام و ضرورت تدوين فقه المصلحه‌

Jurisprudential Foundations of Imam Khomeiniʹs Viewpoints about the Credihility of the Criterion of Interests in Political Jurisprudence of Islam and the Necessity of Preparation ofthe Jurisprudence of Interest

The preservation of public interests is one of thc 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 tum will be necessary for the enhancement of the effectiveness of the system and consolidation of its legitimacy. In the viewpoint of Imam Khomcini, the authorities of Vilayat Faqih and the Islamic government in legislating the law lor management of the society are beyond the perimeters of Primary and Secondary Decrees in their literal terms, In thc 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 (rom masalih rnorsalch and istislah in the Sunni jurisprudcncc.