Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch Journal of Islamic Law and Jurisprudence 2476-7565 7 2 2021 08 23 Criticizing the Principle of Validity of ‘Priority the Corruption Prevention on Expediency Attracting’ Criticizing the Principle of Validity of ‘Priority the Corruption Prevention on Expediency Attracting’ 7 40 70123 10.22034/jrj.2020.53315.1627 FA Alireza Abbedi Sarasiya Associate Professor of Jurisprudence and Principle of Islamic Law at Ferdowsi Universiy of Mashhad.- Iran; (Corresponding Author) Sayyede Roqhayyeh Hosseini Student of Jurisprudence and Principle of Islamic Law at Ferdowsi Universiy of Mashhad- Iran Journal Article 2019 01 18 Abstract The principle of ‘Priority the corruption prevention on expediency attracting’ is one of Fiqhi principles which has been cited in various Fiqhi and Usuli issues, but not independently examined. With a descriptive-analytical approach, this study shows that although some contemporary thinkers have denied the implementation of this principle in legal issues, there are many reasons for its validity. The false imagination which says that the concept of this principle is the priority of absolute corruption on absolute expediency is the most important origination of denial of that principle. Since this principle is concerned with genus and nature of corruption and expediency, it is not inconsistent to give priority to one of the expediency’s items for another reason over corruption. With this explanation, it is clear that this principle come up under Aham (the most important) principle. In such a way, what is the most important one takes precedence in the conflict between corruption and expediency, and corruption prevention takes precedence in the case of equality. Abstract The principle of ‘Priority the corruption prevention on expediency attracting’ is one of Fiqhi principles which has been cited in various Fiqhi and Usuli issues, but not independently examined. With a descriptive-analytical approach, this study shows that although some contemporary thinkers have denied the implementation of this principle in legal issues, there are many reasons for its validity. The false imagination which says that the concept of this principle is the priority of absolute corruption on absolute expediency is the most important origination of denial of that principle. Since this principle is concerned with genus and nature of corruption and expediency, it is not inconsistent to give priority to one of the expediency’s items for another reason over corruption. With this explanation, it is clear that this principle come up under Aham (the most important) principle. In such a way, what is the most important one takes precedence in the conflict between corruption and expediency, and corruption prevention takes precedence in the case of equality.

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