The Nature and Consequence of the Relationship of Custom and Conduct of the Wise from the Viewpoint of Imamiyyah and Sunni Denominations

The role of “custom” and “conduct of the wise”, in different fields of knowledge and the process of jurisprudential and legal studies is not unclear for anyone, and jurisprudential scholars of Islamic denominations have always considered custom and conduct of the wise as an important and instructive element and the final solution. However, about the relationship between “custom” in Sunni terms and “conduct of the wise” in Imami terms, the provided definitions and evidences indicate the conceptual unity of “custom” and “conduct of the wise”. Findings of the research with a descriptive-analytical approach showed that since the time of Muhaqqiq Hilli, the “conduct of the wise”, “foundation of the wise” or “rational tradition” with a more specific meaning than “common custom”, has replaced the term “custom”. Although there are different types of custom, but correct and consistent custom has always been considered by scholars of jurisprudence and its role as a tool to identify, discover intentions and make the right decision in various fields of jurisprudence without a text is agreed upon by the Sunnis and the Imamis, and its effectiveness as an independent argument, except for matters of comprehensive association, is not only proven for the Imamis, but also for the Sunnis.