Origins of Custom in Ijtihad, Legal Procedure and Cultural Norms
Document Type : Original Article
Author
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10.22081/scs.2022.73521
Abstract
Custom has several sorts and applicability in the Ahl al-Bayt school of thought's (PBUT) jurisprudence system as well as the Islamic legal procedure system. Jurisprudential custom isn't absolutely acceptable, and it is only one of the sources of processes from a judicial standpoint. Both jurisprudential and judicial meanings might be regarded as a component of sociological custom, and the following question can be brought up: what are judges' perceptions of custom and its ordinary meaning and duality in jurisprudence and cultural norms? Where does jurisprudential custom originate from? This topic is investigated utilizing the "conceptual and information review" approach. The results reveal that custom has a jurisprudential and judicial connotation that overlaps with its sociological meaning. In Islamic law, this overlapping has progressed to the point of independence, with the assurance of administrative mandate. However, non-Muslim jurists have a different understanding of custom and do not adhere to the custom criteria outlined in the holy books: non-Muslim jurists define custom as "arbitration," "compromise," and "fair." One of the new tendencies of this study is formulating and identifying the semantic overlap of custom and its origins from the perspectives of jurisprudence, judiciary, and cultural norms.
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