The Custom in Islamic sharee'a: its concept, authority, types, conditions and importance

Abstract

Custom and habit are of great importance. Besides, they are of indispensible importance for faqeeh. Scholars during past and present time, paid great attention to custom and took great care of it, because of its great role in deriving legal rulings. People’s customs change and change according to the change of time and place. It contains a text from the Sharia, and the importance of custom and habit is shown in changing and altering the rulings that were based on the foundations of customs and habits. Rather, everything that is in the Sharia follows the returns and changes in it when those returns change to what is required by the renewed custom. Research on this topic has a great role in lifting the embarrassment for the figures assigned to finding legal solutions, given what the legal evidence proves. This research included an introduction and four parts. The first requirement is in the meaning of custom linguistically and idiomatically, the second one is in the legal evidence of its consideration, the third requirement is in the sections of custom and the conditions for considering the correct custom, and the fourth requirement deals with the most important topic which is concerned with dealing with the right custom in Islamic law.