فقہی قاعدہ "العادۃ محکمۃ"کا تحقیقی جائزہ

A Research Review of Jurisprudential Rule "العادۃ محکمۃ"

Abstract

The importance of basic rules in Islamic jurisprudence is crystal clear and obvious to everybody. Rules of jurisprudence play a vital role in inference of commandments. That’s why the inference of the basics juristically implemented rules like introduction, authenticity, source, scope, domain, necessary terms and conditions restrictions, and particularly exceptions. One of the five basic rules set by jurists is the “العادۃ محکمۃ”like many times a matter might be handled as per the local and common traditions of the territory.

The jurists have classified it as a sharia’h cause and as an argument to resolve lot of issues, problems and emerging disputes by applying this rule. Lot of commandments might be kept on according to the common traditions as long as they do not go against the book of Allah and His Rasool. Due to this rule a convenience has been given by Islamic law to resolve lot of issues. Main thing that is reflecting from this rule is one of the aims and objective of Islamic sharia’h is not to put people into inconvenience rather to put them into ease and comfort. Otherwise it would be too difficult for the people to abstain themselves from such habits, sayings and actions which have indulged into their minds and to what they have been habituated.