عرف و عادت بطور ماخذ قانون فقہ اور وضعی قوانین کا تقابلی مطالعہ

Custom as a Source of Law – A Comparative Study of Islamic Law of Jurisprudence and Man-Made Laws

Abstract

Law is a basic human need without which an orderly, civilized life is impossible. therefore, the concept of law is found in all times and places. A study of history reveals that two types of laws have been prevalent in the world i.e., Man-made laws and Divine law.

This research paper analyses the comparative study of Fiqh and Man-made laws in the context of “Custom as a source of law” through Islamic Law of Jurisprudence literature and non-Muslim thinkers’ ideas. The study concludes that Man-Made laws are promulgated to protect the interest and ideologies of a few people in a specific context rather than to provide justice to all sections of society as put by non-Muslim thinkers while Islamic law is based on the sacred commands of Allah and His Messenger. The history of fourteen centuries bears witness to the fact that jurists made preeminent struggles to make clarification difficulties confronted by Muslims according to the need of all times and places, it made the repertoire of Islamic law unparalleled. And it guarantees the observance of customs that do not contradict the shariah texts.

In short, in this article, custom and custom are presented as the source of jurisprudence and it is discussed in such a way that they can be implemented in the laws of the present day.