The practical custom and its general specification according to the Hanafi - an analytical fundamental study -

Abstract

The study aims to explain the Hanafi approach in specifying the general legal text according to the practical custom, by explaining the custom, its sections, and its effect in interpreting the texts of the law, and explaining what is meant by specifying the general and the conditions of the specific evidence, by projecting them onto the practical custom, to reveal the extent to which it is permissible to specify the general with it, using this method. Descriptive and analytical.

One of the most important findings of the study is that the Hanafis do not allow the general legal text to be limited to practical custom; Because the text is stronger than custom, and it is not possible to imagine a contradiction between them so that it can be said to add to the text, and its function is limited to interpreting the legal text, and being a standard that reveals the presence of a defect in the situation, and the need for which the diligent person excludes some of the issues, as in the permissibility of testimony by hearing in lineage and marriage. And others.

The study recommends: further research into the extent to which legal texts may be justified by interest, and their role in specifying generalities, and research into what achieves the preservation of the rulings of the true Sharia from adding to them, and making customs and interests govern them.