Fahimeh Malekzadeh

Examining the Conflict Between Predominant Practical Custom and the Rationales of Legal Rulings in the Tension Between Tradition and Modernity

In traditional Imami jurisprudence, the concept of ʿurf (custom) has long been recognized under specific conditions. Although custom was not regarded as an independent source of ijtihād (independent legal reasoning), it was at least acknowledged under the scope of rational evidence by jurists and mujtahids. However, fo...