Master Thesis

Student: maryam aihmad kazim

Supervised by:Ass . Pro . Dr . Ammar Muhammad Hussain Al – Ansari

Major: Sharia and Islamic Sciences

Publish Date: 2023

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Abstract

The letter dealt with customary forgiveness and custom، as custom before Islam was formally considered the basis for legislation; Because it is the origin of all social phenomena، and after the advent of Islam، legislation became a right specific to God، Glory be to Him، and custom is a tool in the service and interpretation of divine legislation:
Customary topics، legal topics، elicited topics، and research on the primary and secondary sources of Islamic legislation at the front and at other schools. He said that it is a source of legislation in the face of the Qur’an and Sunnah، and he cited several evidences، including those who said that it is not a source and does not give a ruling، but rather gives a practical function to the taxpayer. As for customary forgiveness، there are four sayings:
Some of them said that the principle of compliance with rulings is customary tolerance، not mental scrutiny، and among them are those who said that compliance revolves around mental scrutiny without customary tolerance، and a third went to the detail between understanding the meanings of words and carrying them on customary understanding، and applying the concept to external credibility and carrying on mental scrutiny And a fourth went to the detail between the quantities taken in the subjects of judgments and the descriptions that took the titles of the subjects of judgments Then the research concluded with a result، which is the combination of the four sayings، and from it the importance of customary forgiveness is clear and the jurists reasoned about it، as many of them have included the word customary forgiveness in their jurisprudential issues such as the issues of hate، the quorum، the distance of minors، etc.، which I explained and detailed the saying in chapter three and mentioned their statements and evidence with the statement of the most correct Of which