The place rule of expedient in Iranian criminal law

The place rule of expedient in Iranian criminal law

Abstract

Criminal judgements quite like other Sharia-based judgements are subject to interests and corruptions. Without any doubt the most rudimentary benchmark in government-oriented criminal judgements is “the Rule of Expediency” that in itself is affected by different factors. The rule of expediency like other rules (the rule of negation of hardship) in the state of obtrusion dominates the reasons of preliminary orders.

In this brief study we are going to explain the jurisdiction of this rule in criminal judgements, and direct the issue of applied role and impact of the expediency in the alternation of criminal laws which are of religious nature (from legislative view point), and also address the stay or alteration of the enforcement method of some criminal judgements, particularly Hudud.

Keywords: expediency, impact of time and place, custom, government, decree, Hudud,