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88 International Multi. J. of PURE LIFE. 9 (29): 73-102, Winter 2022
in the matter of legislation and “Understanding the discrepancy
declares it. of proofs”, “summing up the
God Almighty, as a holy arguments and their coordination”,
legislator, follows the same “expanding the meaning of the
customary procedure in legislation words mentioned in the
and acts like customary reason” are among the
legislators and has no new manifestations of this function
method in legislation. in the field of inference. This
Belief in “considering the function has also been accepted
custom undesirable in determining by all jurists. (Alidoust, 2010:
and limiting of the majority 293-299)
from the general and absolute
ones” and “the manner, extent 6. Custom in contracts
and adequacy of the expression and transactions
of the law” are the One of the most obvious
manifestations of this function. manifestations of custom in
It is one of the functions that Religious and Islamic
has been accepted by all jurists. jurisprudence is its function in
(Alidoust, 2010: 282-293) transactions, treaties and contracts.
According to these important
5. Custom in the field of sentences, “Keep your agreements”;
evidence and documents (Quran, 5: 1) “Believers fulfill
The custom is not a document their commitments”; “All people
and a reason for discovering have the right to control their
the Shari'a; but its efficiency property and their souls”; the
and impact in matters related legislator of Islam has not only
to authentic documents is confirmed the customs, habits,
considerable. contracts and conditions that
