Expediency-Oriented Criminalization and the Role of Expediency in the Islamic Penal Code

Abstract

This study evaluates the role of expediency in criminalization with emphasis on the Islamic Penal Code of 2013. Expediency in criminal legislation is not limited to a secondary or the realm of government authority but also includes the basic Sharia rulings. All Shari'a rulings are subject to the expediencies and on the essence of the absolute being of corruption. Therefore, expediency is the basis of the legislation of the Islamic Consultative Assembly and as a secondary and governmental authority is on the agenda of the Expediency Council. Criminalization has been associated with expediencies to protect the national and international expediencies of the Islamic Republic, preserve Islamic rituals and preserve human dignity and implement criminal justice. However, the most important challenge in implementing expediency in Iranian criminal law is that cannot be justified in terms of the principles of criminal law.