faezeh moghtadaei

First of all, it should be said that custom is not a new phenomenon, but it is the same method and continuous behavior among people, which Islamic jurisprudence and law have approved in some cases and rejected in others. Despite this, it is considered as one of the main and practical documents for discovering concepts and meanings. By examining the background of custom, it is clear that many materials have been written about custom in various directions, but it is a matter that has been obscured and jurists and jurists have not paid much attention to it. The validity and non-authenticity of the custom is that there are differences of opinion between Shia scholars and different schools of thought and they have not reached a solid theory about it. In this article, the main goal is to investigate the differences of opinion on the validity of custom in Shia jurisprudence and Islamic schools of thought and to find a reliable and valid reason to prove how Shia jurisprudence considers custom only as a tool to reach the conclusion of Sharia and legal rulings. And the jurists of different schools of thought, including Hanafi, consider the common law to be the authority in all other rulings, except for obligatory rulings, such as: Istihsan.

The family is the most important social institution in which human personality is formed and influences society. Family members are also influenced by social customs and laws in society. Accordingly, custom has an important role and influence of the family. In fact, custom is one of the effective factors in various dimensions of family law, so that the spread of correct custom and following it will lead to the observance of their real rights, and otherwise, the foundations of the family and thus the foundations of society will be shaken. will be. Therefore, in Iranian law, following Imami jurisprudence, special attention has been paid to custom and its role in the field of family law. Therefore, in this article, the position and role of custom in determining the economic rights of women in the family is examined. The findings of this study indicate that jurisprudential and civil laws in women's financial rights, including: determining the amount of dowry, alimony, dowry and the return of engagement gifts are greatly influenced by custom. This research has been done descriptively and analytically