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Functions of Custom Law in … H. Andalib / (87
authority of custom in this instance of it, one should also
case and religious commands refer to custom.
depend on the truth of the For this reason, if the
matter, and if people misjudge, custom considers a case to be
the truth will not change. “the color of blood” and not
(Akhound Khorasani, 1988: 227; “blood”, the rules regarding
Khoei, 1997: 276; Boroujerdi, blood should not be applied
1993: 24) for that case, however
However, some jurists, philosophically nothing can be
including Imam Khomeini, placed on it without context.
have accepted this function
because they believed that the 4. Function of custom in
legislator does not have a legislative affairs
specific term or method in In the matter of documenting
talking to others. On this basis, custom in Ijtihad, we denied
in some sentences such as the role of custom- because it
“avoid blood and wash your is custom- in legislating and
clothes from impurity” when forging rulings; but the effect
the narrator is a legislator, the of custom and norms accepted
same meaning is understood as by the people on how to forge,
when the narrator is one of the the quality and fictitious
people. (Musavi Khomeini, expression for who are legally
2006: 228-229) competent, should be accepted
Therefore, just as in without any difference in this
explaining the concept of regard among the legislators,
blood, one should refer to unless the legislator has
custom, in identifying one established special principles
