Document Type : Original Article

Author

• Ali Zare Qaramaleki

Islamic Seminary of Qom, Qom, Iran.

Abstract

Observance of expediency in jurisprudential, legal and educational dimensions of the child is considered an absolute principle; Based on this, despite the ambiguity in the concept of expediency, its observance requires the elaboration of criteria to prevent anyone from claiming to observe it. Despite the statement of different criteria, unfortunately, due to the lack of consideration of the different functions of the child's interest, there has been a confusion and lack of comprehensiveness in the stated criteria; The present article has investigated this issue in a descriptive-analytical way from library resources for the purpose of restoration. Since the observance of the best interest of the child by the guardian and his guardians is related to the area of enforcement, two different functions are considered for expediency under the title "executive expediency as a condition of the ruling" and "executive interest as a remedy for conflicts". In the implementation of expediency, basic rules are mentioned as principles and content rules as necessary criteria regarding the issue of the child, which are divided into two categories: "rules of self-interest of the child" and "rules of effective factors in the interests of the child". Against the expediency of implementation, the "important and important rule" is considered the main rule to resolve conflicts.

Keywords

• expediency, expediency rules, compliance with expediency, child, child'
• s expediency

Main Subjects

• Educational jurisprudence