حجية العرف وتخصيص العام به

Customs can be considered to be one of the most important evidences of the provisions, since they are basic foundations that make public and private interests of the people and are constantly renewed. They allow many jurisdictions and judgments to be fulfilled. They can be easily used as a source if needed. Numerous shari'a laws have been introduced that clearly show the place and importance of the text in the context of the sources and provisions of the Sharia. In addition, the provisions of the Sharia may be affected to a great extent by the accompanying social circumstances and environment. Quran and Sunnah must be interpreted according to the linguistic and traditional meanings of the period in which the revelations were revealed and their interpretations are made by the scholars who evaluate them. If, by the faqihs, it has given a general legal provision, and people have a certain tradition or habit in dealing with some of the provisions covered by this general opinion, the scholars have disputed the common sense between the people in the realization of this general provision: According to the majority, it was preferred that this general provision was not allocated to the common people among the people and left over the general population as it was. According to Hanafi, Maliki, and some Hanbali scholars, the custom assigns these general frameworks. The discussion of the practice of Islamic jurists on the allocation of practical (real) traditions is only those of the Qur'an and the hadith. When it comes to people's speeches: the scholars agree that both the practical and the common, the allocation is made by both types of the confection. The practical convention which assigns a general rule is at the time of prophethood. As for the customs and traditions that emerged after this period, the public, which is expressed by nass, cannot be allocated by itself unless supported by Sunnah or İcma. The subject of the allocation of nass with a general provision is considered to be one of the greatest rules of Islamic law. The dispute between the Cumhur and the Hanefis on this issue is in fact a conflict between the republic and its faqs. In this study, I tried to explain the effect of the allocation of the general public on the wisdom and the various subjects of fiqh such as wisdom (worship, treatment and crime and punishments).