أنواع العرف ومجالاته وتكييفها الفقهى: دراسة فقهية مقارنة

Types and Areas of the Customs and its Jurisprudential Conditioning (Comparative Juristic Study)

Abstract

It is the mercy of Ălmighty Allãh on this Ummãh that He honored it by sending his Prophet Mohammad peace be upon him and revealed to him the Holy Qur’ãn that sheds light upon everything and made enactments and legislations define relationships between individuals and societies to show them their rights and duties so they can spread their lives without any distress, embarrassment and hardship with the renewal of the facts , circumstances , customs and traditions we find a great legacy of the provisions and rules made by its predecessors and every society has its customs and traditions in all the aspects of life that cannot be dispensed with, Hence the Islãm took these customs into account and kept the beneficial and canceled the harmful and from here the researchers sensed the importance of this particular study and hence the choice fell on the subject “Types and Areas of the custom and their jurisprudential conditioning (Comparative Juristic Study)”, I will explain the types and areas of customs and its importance to the individuals and societies. I have relied on the inductive theoretical and analytical approach as I quoted the saying of Jurists from primary sources and books, as well as collecting the relevant material from those sources and the most important references to it.