Author : إسراء فهمی ناجی
Custom and its role in the development of the Islamic ruling
Risalat al-huquq Journal,
2011, Volume 3, Issue 3, Pages 103-128
Abstract:-
The research problem, in fact focused on the issue as a practice issue in the science of jurisprudence which several source revealed to the rule of legitimate when the legislative vacuum and the consequent equated in terms of authentic evidence of the original sentences, or account of the issues small being owing to him in showing concepts. And the need for the court to in the conflicts and therefore not considered the issues of fundamentalism.
Note that these paragraphs will be discussed within the research plan designed to offer a systematic analytical jurisprudence and weighted. And within four Investigations aimed at the first part, the statement of the concept of custom in terms of definition and statement types, in the two demands, and then distinguish which suspected him of the terms and the consequences to each of the provisions in the Study of a second, while the third section we offer it to the authority practice within the demands of the first deals with Bhadjith Sayers and Sayers addresses the second requirement not authoritative. The question in the fourth Fsn_khass to the scope of practice and working conditions in the two demands. Topic and then finishes with the most important conclusion we point out the conclusions and proposals that we see fit in this regard .