EFFECTIVENESS OF CUSTOM IN PRESENT ERA; IN THE LIGHT OF SEERAH (PBUH):AN ANALYTICAL STUDY

Abstract

Customs and rituals are important in Islamic jurisprudence as a primary and secondary argument, which ensures the universality and flexibility of Sharia. In the present era, when new issues are emerging due to the rapid pace of the global economy and technology, the contemporary application of traditional jurisprudential principles has become a major challenge. This research paper examines the effectiveness of the principle of custom in this context: can the Sharia system maintain its full practical status without custom, which is the "principle of ease" (yusr) of Sharia?

The purpose of this paper is to clarify the principles of accepting custom as evidence in the era of the Prophet (PBUH), to analyze the need and usefulness of custom in the modern social, financial, and technological fields and to shed light on its role in modern contemporary issues.

This paper attempts to find answers to the following important questions. 1. What were the basic conditions for accepting custom in the era of the Prophet? 2. How can "offer and acceptance" and "possession" be determined on the basis of contemporary custom in digital transactions and online contracts? 3. Why does the application of Sharia rules become difficult in the absence of custom?

This research is based on analytical and deductive methods. In which the definition, types, and conditions of custom have been scientifically analyzed. Then, examples of the practical application of custom from the texts of the Prophetic era (Quran and Sūnnah) are argued. Also, its role in modern contemporary issues is highlighted.

This research shows that in the modern era; custom is an indispensable element for implementing Sharia; rulings and as long as custom does not conflict with the basic principles of Sharia, it must be accepted for the formation of a dynamic legal system.