Abstract
This is Part Two of the research published in the last Issue of this Journal. The Author portrayed in it the reasons why custom is a primary source of Sharia Law as derivated from the Holy Qura'n, Sunna (Sayings and deeds of the Prophet, peace be upon him) and reason. ·Moreover the Author discussed the opinions of jurists who do not consider custom as an independent source of Sharia Law. Those jurists maintain that custom is a subordinate and secondary source of Islamic Law, it is an aid to interpretation. As such it limits the particular and restricts the general. The Author then surveyed the impact of custom on the different branches of Islamic Jurisprudence, such as worship, family law, penal law and civil transactions. He also enumerated some of the general jurisprudential maxims which jurists extracted from custom as a source of Islamic Law : 1. Custom is binding. 2. Regard shall be had to custom if it is of long duration and continuing or is prevalent. 3. Actual facts may be established by reference to Custom. 4. Customary usage amounts to evidence (of rights and obligations) and shall be abided by. 5. That which is established by custom is equivalent to a stipulated condition. 6. Judgments based on custom may be modified by lapse of time.
Recommended Citation
(1991)
"Custom and its Impact on Islamic Jurisprudence-Professor Hassanein Mohamoud Hassanein,"
UAEU Law Journal: Vol. 1991:
No.
5, Article 1.
Available at:
https://scholarworks.uaeu.ac.ae/sharia_and_law/vol1991/iss5/1