Page 90 - Pure Life 29
P. 90
Functions of Custom Law in … H. Andalib / (89
are common in his time and base for the implementing the
place; but also has opened the law and reason.
way for the acceptance of This function creates obligations
customs in later times and for profit or loss. Due to the
other places. role of custom in many cases,
On this basis, we do not it prevents us from expanding
need to provide evidence and the discussion; but in order to
examples about the presence be familiar with this function,
of custom in this field. One we will give examples of it
can refer to the books of jurists through the jurists’ words.
to see many examples.
(Musavi Khomeini, 1993: 91) For example, Imam Khomeini
in following the land and air
7. Making custom subjective regarding personal property
and de-subjective for commented as follows:
implementing the Using land and air
documents and rulings compared with the
and not implementing them personal property is
Other cases in which custom is within the customary
used are subject-making for needs. For example, if
evidences and religious documents someone digs a canal
and implementing the Islamic outside a personal home
laws that the evidences can be or land or endowed one
expressed by them; also, and passes through or
sometimes the subject of a takes possession of the
reason or a law disappears basement, the owners or
through custom and there is no custodians cannot make
a claim. If someone
