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P. 78
Functions of Custom Law in … H. Andalib / (77
people and reason, however, procedures meaning the
the phenomenon of wise and the mass of
custom may belong to people with a special
these subjects; but it is description; while custom
not the same and united in this practice is not the
with them. same as the above definition.
4. The custom is those 5. Custom (common custom)
who were present at the is the continuation of
time of the issuance of the action of the rational-
sermons and religious because they are rational-
arguments and were the on something. The source
direct audience of the of custom is sometimes
message of revelation external coercion that
and the words of the forces the reason in a
Prophet and the Infallibles. way; but gradually becomes
The obvious mistake of one of their Ertekazat
the above statement- and sometimes it has a
which has been made religious and revelatory
with the aim of limiting origin, as it sometimes
the scientific and complex originates from human
term custom- is that the nature. (Naeini, 1993: 192-193)
custom in question is a Equality between custom
popular phenomenon and and rational point of
not the people view, heterogeneity between
themselves. It seems interpretations, failure to
that the source of the fully investigation of the
above mistake is the use principles, are the challenges
of custom in some facing this definition.
