Basics of customs in Islamic Sharia

Abstract

What is used among many people and from the past is called custom. Custom has a great place in Islamic Sharia. Many of the rulings are presented in custom. Custom is one of the controversial sources of Islamic jurisprudence. Among the Islamic sects, the Sunnis and especially the Hanafis and Malikis have paid more attention to it and given it more value. The question that this research seeks to answer is, what is custom - this phenomenon of the value of Islamic jurisprudence - and what role does it play in issuing rulings, especially in new issues? This research, which was carried out in a descriptive-analytical way and with a look at library sources, found that: custom has strong roots in the Holy Quran and hadiths. It has been used by the Prophet of Islam and then during the time of the Companions and religious elders, and the heads of many Islamic religions have dedicated it and given it a large amount. Examining the exact and correct position of custom has long been the desire of writers, and the writers of the East and the West looked at it from different perspectives and wrote works about it. Most of the long works that have appeared in this field are in Arabic, and most of them have not been done in Persian. The following article, which tries to cover some of the mentioned topics, is expected to be useful for science seekers.