Page 74 - Pure Life 29

International Multi. J. of PURE LIFE. 9 (29): 73-102, Serial Number 1, Winter 2022

ORIGINAL RESEARCH PAPER
Functions of Custom Law in Inferring the Religious Rules
and its Impact on the Spiritual Life in the Modern Era

Dr. Hossein Andalib*

* Assistant Prof. in Department of Islamic Education, Faculty of Humanities Sciences,
Islamic Azad University, Qom, Iran, and Lecturer at Al-Mustafa International University

I appreciate family and especially my wife, for helping me to compile the article.
ARTICL INFO ABSTRACT

Article History: SUBJECT AND OBJECTIVES: Religious rules in Shiite
Received 09 August 2021 jurisprudence are inferred from the four sources of the Quran,
Revised 07 January 2022 Sunnah, reason and consensus; but in addition to these sources,
Accepted 03 February 2022
some foundations such as common law are also mentioned. Based
on it, the question arises here “what are the roles of common law
Key Words:
Common law and Ertekazat in common law in understanding and inferring the
religious rules? This article seeks to answer this question and tries
Ertekazat
Inference of Religious to study and analyze the functions of common law in
understanding and inferring the religious rules. The research
Rules
Bio-Spiritual hypothesis is that common law and Ertekazat in common law are
Modern Age used in understanding the words of religious arguments, subjecting
and de-subjecting of common law for the religious documents,
proving or denying some rights and other issues that are used by
DOI:
10.22034/IMJPL.2022.12758.1039 jurists and lawyers in the process of inferencing.
METHOD AND FINDING: The research method is descriptive-
DOR: analytical. One of the findings of the present study is that most
20.1001.1.26767619.2022.9.29.3.4 scholars of the Islamic jurisprudence and law have not
distinguished between these two foundations; but it is more correct
that common law is considered from the category of objective

matter in the practical life of people, but Ertekazat in common law

are from the category of subjective matter.

CONCLUSION: Presence of custom in the scene of inference
causes the contemporary Muslim to realize that the religious
rulings are made according to the customary understanding, facts
and tangible needs, and therefore in his spiritual biology more
obedience to the rulings, commands. He will have the divine and the
spiritual program of Islam and his spirituality will be strengthened.
* Corresponding Author:
Email: Article Address Published on the Journal Site:
hoseinandalib65@gmail.com http://p-l.journals.miu.ac.ir/article_6759.html
ORCID: 0000-0002-9062-9341

NUMBER OF NUMBER OF NATIONALITY OF
REFERENCES AUTHORS AUTHOR
26 1 (Iran)