Custom and its Impact on Personal Status in Islamic Jurisprudence and Kuwaiti Law
Dr. Ahmed Al-Suwai’i Shlibak
Assistant Professor – College of Sharia and Islamic Studies – University of Kuwait
Abstract:
This research deals with an important issue which is: Custom and its impact on personal status in Islamic jurisprudence and Kuwaiti law. The researcher deliberately studied custom and related matters, then followed it with examining some of the applied jurisprudence on custom. Hence, the research has been divided into the following chapters: an introduction which addresses the definition of custom and habit in jurisprudence and law and its types; while the first chapter examines the pillars and conditions of custom in jurisprudence and law and its authenticity. The second chapter focuses on applications of custom in the law of personal status in jurisprudence and law. The researcher used the descriptive, inductive, deductive and analytical method that achieve the aim of the research and is aligned with its content. The research concluded, among many others, with confirming that custom has an impact on doctrinal issues.
Keywords: custom, habit, competence, divorce, observing the waiting period.