من تطبيقات القاعدة الفقهية “العادة محكمة” في باب النكاح
This is a brief summary of an article entitled Among the applications of the jurisprudence rule “The custom is firm” in the chapter on marriage, which includes an introduction in which the reasons for choosing the topic are mentioned, and the most important of these reasons: that the need calls for research on this topic, as custom has a consideration in Islamic law, especially in issues which is not stipulated by the pure Islamic law and does not contradict Islamic law, and some of the applications of custom are renewed according to places and times, and we as Muslims need to know its legal ruling, whether it is permissible or not. Then I mentioned the goals that called me to write this article, most notably the enrichment of the Islamic library and the need to write about these articles that need further research and exploration. I also touched upon the study of the subject in some detail; And this is among various demands that are related to the article, where it began with the names of the rule (the habit is court), where it showed that the jurists expressed this rule in different terms, but the meaning of these expressions refers to one meaning and concept that does not differ from the difference of contradiction, but from the point of difference in diversity and no confusion in terminology. I mentioned the definition of custom and custom and the meaning of the word court, both linguistically and idiomatically, and then I mentioned the status of this rule in relation to other rules of the jurists, as I mentioned some sayings that indicate the status of this rule, Then the article was followed by considering the custom in Islamic jurisprudence, where the evidence was mentioned from the Qur’an and Sunnah and the sayings of the righteous predecessors from the honorable companions – may God be pleased with them all – as I mentioned the applications of the rule in some detail, as I mentioned 8 issues as application models for the rule, where I mentioned each issue a title that belongs to it and then mentioned the extent of its consideration The custom and the sayings of the respected jurists and their evidence for the issue of custom is supported by the legal texts, if any.
Keywords: Habit, Custom, Court, Jurisprudence, Consideration, Texts, Dowry, Alimony.
Mohamad Salim.MADANI, Assistant Professor, Faculty of Sharia, Department of Jurisprudence and Law, Abi Rayhan Al-Biruni University, Kapisa Province – AFGHANISTAN
Nasir Ahmad.SHAREATY, Assistant Professor, Faculty of Sharia, Department of Jurisprudence and Law, Abi Rayhan Al-Biruni University, Kapisa Province – AFGHANISTAN