The place of Custom in the Explanation of Citizenship Rights From the Point of View of Islamic Jurisprudence

Jurists and jurists attach a special importance and role to "custom"and consider a special interpretation and position for it.Undoubtedly, customs, traditions and customs gradually becomesocial values or cause their formation. This article has tried toexamine the role of "custom" as one of the sources influencing thelegal rules of society and its relationship with "citizenship rights"from the point of view of Islamic jurisprudence. This research hasbeen carried out using the library method and the descriptiveanalytical method, and in general, it tries to answer the basicquestion: Is custom valid in explaining citizenship rights in Islamicjurisprudence? The results of the research show that in Islamicjurisprudence, "custom" has a special place and is considered one ofthe factors influencing citizenship rights. From the point of view ofIslamic jurisprudence, the government is valid only when it is ameans for the realization of divine and human goals and a means forestablishing justice and welfare of all and preserving the sanctityand human rights and a platform for human excellence, which areall indicators of citizenship rights. . Also, on the one hand, customcan play a positive role in the formation of citizenship rights and incases where the laws cannot anticipate all the needs of the people, itcan come to the aid and complete, eliminate the shortcomings, andinterpret them. Sometimes, the law-giver, with a little change andappropriation, gives a legal aspect to the custom. On the other hand,it can be an obstacle to its realization or have a negative role; In suchcases, the law, with its entry, makes the custom obsolete and rejectsit. In other words, until the need to pay attention to citizenship rightsbecomes the dominant norm of the people, the legal mechanismswill have a difficult way to reach it