1
Associate professor of department of private and Islamic law, faculty of law, The University of Qom, Qom, Iran,
2
Phd. student of public law. University of qom
Abstract
The necessity of preference for the more important in the sphere of sovereignty and governance of the country is one of the issues that has always been of interest to jurists and politicians in different societies. The executive in the balance between rights and duties must inevitably take one over the other. The Rule of the More Important and Important, considering its jurisprudential and legal foundations in Islamic thought, is one of the most applicable rules in resolving conflicts between rights and legal obligations. In this article, after a descriptive-analytical approach, after examining the conceptual and religious and legal background of the important and important rule, its jurisprudential and legal nature in Islamic law will be explained; Study the preference of the more important ones in Islamic law. The results of the applied analysis of the more important and important rule of law show that the rule has a rational origin and is considered to be efficient and necessary in all human societies. Also, this rule has certain criteria for the preference of the more important, so as not to misuse it for "justification of the intended purpose."
