The Impact of the Rule “Custom is a Court” on Determining Dowries in Islamic jurisprudence and its Controls

Abstract

The study addressed the topic of "The Impact of the Rule of 'Custom is the Court' on Determining Dowries in Islamic Jurisprudence and Its Controls" because it is considered one of the essential matters that demonstrate the authenticity of Islamic law and its suitability to keep pace with social development.
The first section is the meaning of the rule "Custom is a Court" and its importance, as well as the meaning of Custom and habit, and there is no difference between them.
In the second section, the validity of the rule “Custom is a Court" and the controls for working with it, as well as that Custom or usage is a principle of deduction and an independent legal proof if the conditions for working with it are met.
The study presented in the last section the effect of the rule of “Custom is a Court" in determining the amount of the wife's dowry and in estimating the equivalent dowry. In dividing the woman's dowry into immediate and deferred in marriage, and the amount of each if it is not stated in the marriage contract, it is referred to Custom and its collection or non-collection, then explaining the effect of the rule in deferring the deferred dowry until separation between the spouses or death.