عرف و رواج کی قانونی حیثیت: عالمی قوانین اور فقہ اسلامی کے تناظر میں تحقیقی جائزہ

The Legal Status of Custom and Usage: A Research-Based Study in the Perspective of International Law and Islamic Jurisprudence

Abstract

This research examines the status of custom and usage as foundational sources of law in both international law and Islamic jurisprudence. It analyzes the definition, evolution, practical significance, impact on legislation, and historical legal foundations of custom across various societies. In international law, customary international law is based on consistent state practice and a sense of legal obligation (opinion juris), whereas in Islamic law, custom holds an established juristic position provided it does not contradict the primary scriptural sources. The study includes a comparative analysis of custom within Roman, British, French, African, and English legal traditions, highlighting how different civilizations regarded social practices as essential sources of law. Consequently, the research emphasizes that custom plays an influential role in legal reasoning and remains fundamental to the development of both modern global legal systems and Islamic jurisprudence.