Investigation of the Nature and Conditions of the Application of Custom and Habit in Deducing and Legislating

Varshowchi Monfared, Amir Hosein; Sajedi, Mahdi

doi:10.30497/fiqh.2018.2287

Investigation of the Nature and Conditions of the Application of Custom and Habit in Deducing and Legislating

Document Type : Original Article

Authors

Amir Hosein Varshowchi Monfared ¹

Mahdi Sajedi ²

¹ Assistant Professor of the Department of Fiqh and Islamic Law Foundations at Quran Science and Hadith University

² Graduated Degree of Fiqh and Islamic Law Foundation at Imam Quran Science and Hadith University

10.30497/fiqh.2018.2287

Abstract

The present research studies the nature of custom and habit and conditions of influence and its application in deducing religious and legal rulings
Although the Islamic religion contains complete and comprehensive rules and principles that are not subject to time, because creator(codifier) of these laws is holy legislator and God Almighty, But It cannot be denied the role of customs and social habits in the legal and juridical developments in all areas, such as marriage, inheritance, will, and even criminal law, because Islam always has the right habits that have a rational origin and do not disagree with the holy religion and are not recognized as valid, and such habits can be used in the interpretation of jurisprudential and legal issues and concepts, the interpretation of the will of the contracting parties at the time of concluding a contract and even discovering a religious order (decree).
Hence, the custom and habit as a practice which has been established with the repetition and advancement and considered to be in the minds of the people and the owners of the natural texts and considered as one of the practice of the society by the jurisprudents of the Imami and the lawyers in the field of deducing and legislation, and Although, from the perspective of the Imams' jurists, they are not considered to be the source of the deduction, but they consider the custom and the habit to be valid in the above exercises.

Keywords

Habit

custom

inference

religious Decree

legislation