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Functions of Custom Law in … H. Andalib / (79
based on that they are alive minds as the Ertekazi; and
and well. another example of Ertekaz is
In past, the jurists used the to respect the Kaaba and the
word “Ertekaz” meaning to Quran from the point of view
keep the matter in mind. For of Muslims, which is sacred to
example, Sheikh Mofid (1993) them and they act according to
considered “Rejat” meaning this Ertekaz and anyone who
the return of the dead and it is insults the Kaaba and the
one of the meanings of Ertekaz Quran and does not protect
in the minds of the legislators. them is severely reprimanded,
Ertekaz can be defined as also from the view point of the
confirmation a specific concept Imamites, the Ertekaz related
in the mind of a group of to the sanctity of the Imams is
people or most of them or all one of these cases . (Ansari,
people. The concept of Ertekaz 1997 : 390)
is just sometimes theoretical in The characteristic of Ertekaz
the minds, such as that two is that it has penetrated deeply
people are more than one into the human being in a way
person, and sometimes it is a that it is not easy to give up.
theoretical concept on which According to Ayatollah Sistani-
action is based, like the one of the jurists- “Ertekaz is a
Ertekaz of acceptance and fixed thought that has penetrated
authenticity of the word of an into the minds so much that it
honest man according to the is difficult to give it up even if
wise men of the world. there is a reason to the contrary”.
The wise men of the world (Hosseini Sistani, 1994)
form their lives and deeds on Of course, there is a
this principle which is in their consideration in the final part