Problems of Influence of the Custom in the Juristic Arena of Religion

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Abstract

Secularization of religion, in the sense of separation of religion from the society or its reduction to the limits of intellect, is product of a western thought and produced by specific characteristics of western civilization and its relation with Christianity and specific transformation of that culture. In the Islamic societies secularism of laws and precepts is also a matter of discussion. Analysis of essentials of the two contradictory opinions on the acceptance or rejection of the custom in the Islamic legal, juristic system and the Islamic community in the three following parts of meaning of influence of the custom in juristic system, the realm of shari‘a and religion, and the realm and scope of function of the custom can clarify the right position of entrance of the custom and the mode of its influence upon the system of jurisprudence and law solving some problems raised in this connection

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