The Role of Custom in Discovering the Rationales of Rulings: With an Emphasis on the Views of Prominent Shiite Jurists from the 11th to 13th Century CE

Abstract

Shiite jurisprudence has long been efficient, dynamic, and responsive to societal issues and needs. This adaptability has enabled it to guide the Shiite community during various historical periods, such as times of marginalization or governance, while maintaining adherence to its jurisprudential principles. Among various factors, custom (ʿurf) is perhaps fundamental in this context. This study aims to address the question of how, from the perspective of Shiite jurists from the 11th to 13th century CE, custom has played a role in discovering the rationales (milākāt) of rulings. By relying on library resources and a descriptive-analytical method, the study seeks to explore this topic in a historical context. It will elucidate the views of jurists of this era, examine scholarly evolutions, and chart the fluctuations in related jurisprudential discussions. Furthermore, it seeks to identify opportunities and challenges in this domain. Key topics include the conditions for the realization of custom, the dynamics of customary transformations, the discovery of rationales of rulings through custom, the interrelation between the validity of custom and rational judgment, and the perspectives of prominent jurists such as Sheikh Mufid, Sayyid Murtada, Ibn Idris, Ibn Zuhra, Muhaqqiq al-Hilli, and Sayyid Ibn Tawus. The findings of this research indicate that the validity of custom extends beyond mere endorsement or proof of the absence of rejection. Certain jurists have regarded custom, along with the practices of rational individuals (binaʾ al-ʿuqalāʾ) or their collective conduct (sirat al-ʿuqalāʾ), as having equivalent significance. Moreover, some jurists have considered the validity of custom as intrinsic, equating it with rationality. In this context, custom can function as a source for discovering the rationales of rulings, much like reason.