THE CUSTOM HAS POWER OF LAW

Abstract

This paper explains one of the five general Shari‘ah legal principles: “The custom has power of law” (El-‘ādetu muhakkemetun) and it sheds some light on the subordinate principles which are subsumed under it. At the beginning of this paper the origin, the point of reference and the meaning of this principle is explained with a special reference to âyats and traditions they are based on. At the end the examples of this principle are presented. Following the explanation of the general principle, the subordinate principles are pressened and explained along with examples and exceptions. The paper concludes with an emphasis on the well-foundedness of the legal principles of Shari‘ah on the Book of Revelation, their importance for the mujtahid and the community, especially when it is considered that their objective is to make possible the achievement of common good, for the individual, as well as for the community.

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