Violation of custom with custom in jurisprudence and law

Subject Areas : New issues

zahra  yusefi mesri ¹ (Theological University of North Tehran Branch of Azad University)
seyed abogrhasem  naghibi ² (Motahhari University)
faezeh  moghtadaee ³ (Faculty of Theology, Azad University, North Tehran Branch)

Received: 2021-09-07 Accepted : 2022-01-02 Published : 2022-06-22

Keywords: custom, Conflict, preference,

Abstract :

The map of custom in deriving rulings is very serious, so that we can claim that many of the differences in jurisprudence are the result of customary statements. Therefore, the understanding of the Shari'ah evidences for the next generations depends on their understanding of the custom of the time of issuance, and according to this understanding of this issue, they analyze the Shari'a evidences and attack it at the same time.Regarding custom, it has been discussed in the past among the books of jurisprudence and principles such as Sharia al-Islam, Jawahar al-Kalam, Arwa al-Wathqa, Kifayeh al-Osul, Fawaid al-Asul, etc. In the present era, books have been written separately in this field. And has been examined. But what is different in this research is the conflict between custom and custom, which is not addressed in books and articles. In this research, first the meaning of custom and its types are briefly discussed, then we dealt with the main issue of the conflict between custom and custom and the preference of each of them. That is, when and where general custom takes precedence over specific custom. Or when practical custom is preferred to word, we have brought the criterion of preference here.Keywords: conflict, custom, preference, preference