Jurisprudential and legal review of expediency in determining punishment

Abstract

The position of expediency for seeking benefit or avoiding corruption in Islamic jurisprudence is not hidden from anyone. The Shari'a is founded on the wisdom and expediency of the individuals that includes justice, mercy, and expediency. The salient feature of religious expediency is understanding and discovery, which is done with the help of definite intellect and literature. Considering intellect as the source of inference of rulings in jurisprudence had made it effective in discovering human expediency. Persistence in observing the first commandments is in some cases the opposition to religion, and it is not a sign of religiosity. The acceptance of the conditions of change and transformation of the first commandment into a second commandment does not mean the acceptance and desirability of the new conditions, but to preserve the most important expediency (survival of religion), it has abolished the important expediency and preferred the second sentence as a step in the balance of expediencies. The divine religion, without persisting in changing and timed instances, has ensured its survival and dynamism in the bed of extensive changes in human life by emphasizing the macro orientation and basic titles.