ভূমিকা

Shiavault - a Vault of Shia Islamic Books The Sources of Rights WHAT IS THE EXPEDIENCY? From what has been mentioned above in short, we understand that legal laws can be evaluated on the basis of their being harmonious and in the same direction with actual virtues and vices. In other words it may be said that legal laws should be based on truth and justice and not subjected to capricious desires and tastes of peoples or groups of people.

And should the truth follow their low desires, surely the heavens and the earth and all those who are therein would have perished... (23:71) This has herby become clear that legal and value oriented matters are like symbols so bring out the combination of effect and impression which take place in the sphere of voluntary actions and social relations of human beings and indicates the direction of movement towards the objective of laws and the final target of value system.

It also becomes known that the real duty of the lawmaker is to give thought to the different complex relationship between actions in relation to the legal objectives as well as to the objectives of morality and religion. He should declare necessary any work of any nature required to be undertaken in order to achieve these objectives and which are within the framework of legal and value oriented subjects.

He is also required to prohibit any action of any nature which is contradictory to these objectives. All said and done, the other question which arises is that what is the objective of real interest and sedition? Do these not finally turn to people’s gain or loss and liking and disliking? Is not the basic purpose of laws a matter of value which is to be fixed in accordance with the desire and the liking of people?

It is then that social behavior, under the shadow of their desirability and the means to achieve the desired objectives, becomes legalized. In case the reply to these questions is positive, one has to accept it necessarily that laws and generally the value system and also subjects like right and justice do not have any existence independent of peoples wishes and desires.

A detailed reply to these questions is subject to discussions on matters like: essence of values, the relationship of values with reality, the specification of the object of laws and its relationship with the good and bad of the individual and the society and difference between interest and expediency as well as similar other things.