The Effect of Custom on Explaining the Ruling of Contemporary Jurisprudence Cases

Abstract

Custom has a great place and high status in the history of humanity, ancient and modern.  Custom is the dominant, and to him is due to the conflict resolution of individuals, and this includes all human societies in all their structures, so they are applied in ancient societies, as they do in modern times.  And when Islam came, it did not submit to the context for each custom; rather, he set specifications and conditions for his acceptance, and he accepted some customs, as some of them replied.  Considering custom in our law as evidence of its universality, and its validity for every time and place, as it has the tools that can keep up with everything new.  Among the reasons that motivate the researcher to study this topic is the importance of the topic of custom in people's lives.  As it deals with many affairs of their lives, and many legal matters that the street wisely referred to its custom and custom; to suit their condition and time, to reach the truth and its place as a source of Islamic legislation, and to know its limitations and the scope of its application.