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Functions of Custom Law in … H. Andalib / (83
matter with an • The term Shari'a precedes
explanation from the custom. (Alidoust, 2010: 215)
point of view of wisdom.
2. Referring to costume
Undoubtedly, in notifying in understanding the
the law to the citizens and related matters, reasons
those who are responsible for and arguments
that law, any legislator must One of the most common and
adhere to the principles and subtle instrumental uses of
rules of communication and custom in deriving rulings is
the rules that are common its use in interpreting and
among their audiences, uses explaining valid religious
their words and phrases and be arguments and documents.
bound by their custom in This means that a Mujtahid
communication and also must should instill documents such
remind if he has a particular as the Quran and Hadith into
term or method, and otherwise people who are fluent in the
organize his conversation Arabic language, and consider
according to the procedure and their understanding and judgment
custom of the people.The saint (which we interpret as custom)
legislator has followed this about that document, and take
procedure. The result of this into account the other
rational understanding is two necessary aspects in Ijtihad.
statements as follows: The difference between this
• The saint legislator does usage and the previous usage
not have a specific is that the previous usage was
method in his legislative about the interpretation of the
communication. words and sentences of a
