العـرف ومدى تأثيره في بعض الأحكام الشرعية المعاصرة

The importance of the study "Custom and its impact on contemporary legal provisions" lies in its handling of custom as a source of legislation and then its application to certain issues in force and practice in Iraqi society. The problem of presenting and researching these issues, which would corrupt this established tradition to a valid, laudable or reprehensible legal condition, is that the provisions introduced and the remarkable development in Iraqi society contribute to modifying many of the affected provisions. different areas of life of transactions, personal situation, etc. by changing the norms related to. Here, the researcher considers these norms and the aims of the research center to clarify their provisions, to show the extent of Islamic law's interest and concern in protecting human rights and dignity, as well as to shed light on the efforts made by Islamic law. Iraq, where the predecessors explained the customary provisions and to what extent they were compatible with Islamic law, and which the researcher followed in his research. In order to know what is right and wrong, as in the deductive approach to reveal the provisions of sharia in these accepted customs, the research has reached various conclusions, the most important of which is this tradition for legal acceptance, with specific legal conditions and controls that will be discussed later in the research sections. must be disciplined. As for the custom that is freed from the yoke of these controls, it has no value and is not an example in the Sharia's, and the research has also found that the topics to be presented in the research differ in the provisions according to the provisions, among which there is a provision of immunity because the custom that controls it is a solution and a solution. is not constrained by the legal conditions and controls it revolves around a sacrament.