The issues based on customs within the framework of al-ihtiyar and al-Bahru'r-ra'ik

The works of Mevsili's al-Ihtiyar and Ibn Nujaym's al-Bahru'r-râ'ik are the works of fiqh(Islamic jurisprudence) which have an important place in theHanafi sect. It is stated that Hanafi sect is the sect which gives the greatest importance to custom both in the classical jurisprudence works and in the contemporary method works. Al-Ihtiyar and al-Bahru'r-râ'ik are two important works in which the concepts regarding custom, the uses, the principles and the examples are mentioned; and occassionally the different understandings and practices related to the custom are expressed. The fact that the authors of the two works we have studied are famous within the same sect and that they lived in different lands are also important in terms of better understanding and determination of the judgments related to custom. In our research, in the first stage We discussed theoretically the place and importance of custom in Islamic jurisprudence; and the view of the Hanafi sect to custom. In particular, we examined the flow of custom within the Hanafi sect and in practice we examined custom in the context of al-Ihtiyar and al-Bahru'r-râ'ik. Our work is important in terms of being able to express the effects of different linguistic usages, different lifestyles, some disorders in societies, necessities of the people, needs of the people, places, different times and places to jurisprudence; the variability of the judgments regarding custom, the formation of custom in theoretical and practical meaning especially in the Hanafi sect, the determination of the Islamic law being dynamic at all times and places.