Considerable custom; Swearing; Carrying the oath on custom and its jurisprudential applications Carrying the oath on custom and its jurisprudential applications

Abstract

Research Abstract:

This research aims to study the bearing of the oath over custom and its jurisprudential applications, and to clarify the sayings of the jurists regarding the rule of carrying the oath over the custom, and the ruling if the word contradicts between language and custom, and the conditions of legally considered custom, and to present some jurisprudential applications to carry the oath over custom by following the inductive analytical method.

 This is one of the studies that must be taken care of. Because of its importance in the fact that custom is considered in Yemen according to the rules of Sharia, to take into account the interests of the people, and to remove the embarrassment from the taxpayer when confusing the customary meanings in the oath.

So that the reader concludes that it bears the general or absolute meaning of the meaning in which they are known to use it, and that if the general name prevails until it becomes a customary reality then custom works, and if private use does not prevail then what is called the generic name is restricted to it and is not unique to it, then this does not enter the general . And that the widespread use of the word makes it significant, as its significance is clear to everyone without ambiguity, and that in order for the custom to be legally considered and the rulers must follow it, it must not contradict the Sharia texts and also do not violate the rules of Sharia, and that it be applied, and people become accustomed to it in their customs.

I recommend that more attention be given to the study of the implications of custom. As a jurisprudential and legal base he works by.

key words:

 Considerable custom; Swearing; Custom and habit; The language.