نوع مقاله : مقاله پژوهشی
نویسنده
طلبه حوزه علمیه قم، کارشناس ارشد علوم سیاسی، قم، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
In many social interactions, the nature and extent of relationships among individuals, as well as the reciprocal relationship between government and citizens, are determined by custom (ʿurf) for various reasons. Accordingly, it is evident that custom occupies a highly significant position in regulating many of these relationships. In the sphere of international relations, legal scholars have frequently relied on customary practices to address the challenges facing the global community. However, within an Islamic society, where Islamic jurisprudence (fiqh) serves as the principal criterion for determining what is permissible and impermissible, the role of custom has become a subject of debate and uncertainty. This study seeks to identify the criteria for referring to custom and the basis of its authority (hujjiyyah) within Imamiya jurisprudence. Using library-based sources and employing a descriptive-analytical methodology, the research addresses the following central question: In which cases may recourse be made to custom, and what implications does the realistic dimension of custom have within the framework of political jurisprudence? The findings indicate that not every customary practice can automatically be regarded as legitimate or authoritative merely because it is customary. Rather, customary practices must be evaluated within the framework of Islamic legal standards and principles. When custom operates within these religious parameters, it can serve as a bridge between the ideal aspirations of jurisprudence and the practical realities of social life. Consequently, human relations become more manageable and adaptable to changing circumstances. Whether viewed from the perspective of expert opinion or from the standpoint of established religious custom (ʿurf sharʿī), custom plays an important role in facilitating this process.
کلیدواژهها [English]
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