The Fundamental Rules in the Discussions of Custom: an Applied Fundamentalist Study

Abstract

The current research aims to identify the concept of the fundamental rule and the difference between it and the jurisprudential rule, to clarify the meaning of custom, the fundamental rules related to custom, and to mention some of the jurisprudential branches derived from these rules.

I have adopted the inductive approach that is based on collecting the scientific matter related to the topic with analysis, in addition to the deductive approach in the meaning of the rule and the jurisprudential derived branches from the books of principles and branches.

I have reached a number of findings through this study, including: that custom is a legal argument for all scholars, and a source of jurisprudential rulings if there is no legal text or consensus; and that both practical and verbal custom are specific to the general, and the commonly accepted metaphor is more adopted than the used truth. The researcher recommends addressing the fundamental rules that have not been researched, and addressing the contemporary jurisprudential branches (calamities) that are related to those rules.