عرف يا عنصر پويايي فقه

Custom, Dynamic Element of Jurisprudence

C ustom (ʹurf) is one of the categories which are vastly employed to apply legal ordinances to the expedience of time and space. Having provided lexical and idiomatic definitions of custom, the present paper has proceeded to touch upon its pillars and spiritual element. Further on. it has reviewed the concept of custom from the viewpoint of jurists. In the Qurʹan exegeses, the verses related to custom as per the viewpoint of the Shiʹite and Sunni exegetes are also proportionately discussed. In another section. the relation between custom and the intellectual manner is taken into consideration and the authority of custom in the Sunni jurisprudence as well the possibility of its acceptability in Shiʹite jurisprudence is talked about.