Paprotys Kaip Teisės Šaltinis Islamo Teisės Tradicijoje
Custom as Legal Source in Islamic Legal Tradition

Summary/Abstract: Lawyers from the Muslim and Western world talk about several types of legal sources in the Islamic legal tradition. According to them, there are primary, secondary and/or additional Islamic legal sources. If there is an agreement due to the primary sources as Koran and Sunna, there is no common position talking about the other legal sources. The Article explores the status of custom as a legal source in the Islamic legal tradition. Firstly, it analyses the meaning of the term Islamic law. Also, such concepts as fiqh, sharia and others are discussed. Secondly, the primary and secondary legal sources are explored in the first part of the article. The status of the custom as a legal source is analysed in the last part of the article. According to the last study on custom made by A. Shabana, custom is to be treated as independent source in Islamic legal tradition. There are some significant statements in the texts of Koran and Sunna where custom gets its place in Islamic legal sources. On the other hand, customs had to be related to the meanings of Sharia written in the primary sources in order to get the status of legal source.

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