أحكام الأسرة في المصادر التبعية: العرف نموذجا

Abstract

The topic of our study revolves around custom as a legislative source in the issues of engagement and marriage, which we dealt with in the following problem. To answer the problem raised, the research was divided into two chapters that touched on the first chapters of the concept of custom, its conditions and pillars and everything related to the detail of what it was, as a proactive step to highlight the realization of custom in the issues of the engagement and marriage in the second chapter, and the study concluded that custom has a major role It is important, so that evidence that Islamic jurisprudence uses to identify the purposes of people and interested and most importantly to separate it, and its importance affects all areas of life, especially with regard to the issues of the engagement and marriage, as it was clearly affected by the norms, As for the dowry, an example shows us the control of the custom in it. Given the custom, we find that the custom adopted in the dowry is the acceleration in the sermon, but with regard to the issue of marriage it is necessary to have contentment and acceptance that the jurisdiction is obligatory in the contract and this is what our customs have followed, and the provisions of the help and alimony are subject to Its appreciation for the circumstances of replacement, and we concluded in this study that the custom has the prominent role in relation to the personal aspect of the individual, especially in the issues of the engagement and marriage, and the basis in it is the organizational role of the separation in what the Sharia and jurisprudence left without a definitive text binding on it.