Comparative evaluation of natureal and concept of Custom in public law between Fiqh and law of Iran
Journal Title: International Research Journal of Applied and Basic Sciences - Year 2014, Vol 8, Issue 8
Abstract
Custom appears with special format in ever time and places so other social phenomena. Signature provisions in Fiqh and jurisprudence Islamic law investigate that tradition accepted in religion. Some documents pointed to this subject. It applied at Islamic law. This study surveys the role of tradition in Fiqh and Islamic law. Moreover it surveys effects of tradition on the Iranian law. It used descriptive analysis and Libraries methodology. According to principles of illegal custom pressers on the social necessity thus it has same subscription with public order and difference is far-fetched. If there is not any law ore incomplete law about in one case the Justice Courts are obliged that adapt it with tradition.
Authors and Affiliations
Mansoor Sargazi Rad| Department of Architectural, Sistan & Baluchestan Science & Research Branch, Islamic Azad University, Zahedan, Iran, email: Sargazimansoor@yahoo.com, Masoud Akhavan Fard| Department of Architectural, Sistan & Baluchestan Science & Research Branch, Islamic Azad University, Zahedan, Iran
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