Historical Course of Customary Developments in Marriage Issues

Marriage Indicates the Rule of Law and Duties in Marital Relations. Which Has Brought About Many Changes Since the Creation of Man Until Now, Regarding Various Factors in the Formulation of Regulations Related to This Rule are Considered. Customs and Social Habits, as a Factor and the Oldest Legal Phenomenon, Along With the Law are Among the Necessities of Social life. Our Purpose in This Article is to Examine and Explain the Nature of Custom, How it Interacts With Law, the Role and Application of Custom in Rulings. Related to Marriage From Both Financial and Non-Financial Perspectives, as Well as the Evaluation of These Cases With a Jurisprudential and Legal Approach. The Study of Customary Historical Developments in Matters of Marriage Will be How a Custom has Become a Practice Over Time, and How a Procedure Has Become a Law.

In this Article, It Has Been Compiled in a Descriptive and Analytical Method and Uusing Library Resource Collection Tools.

In This Article, it is Clear That the Law is Considered the Main Source of Law Due to Its Characteristics and Custom has Shown its Practical Value in The Role of Interpreter and Complement. Hence, the Place of Custom in the Legal System, Whether in the Position of Inference or in the Position of Application and Implementation of Rules, is Undeniable. In Islamic law, Although Islamic Law Contains Complete and Comprehensive Rules, the Role of Custom in the Development of Jurisprudence is Significant Because Islam Always Considers Valid Custom That has a Rational Origin and Does not Oppose the Holy Law. Ethical Considerations: In the Process of Writing the Article, From the Beginning to the End, Relying on the Principles of Fidelity, Honesty and Originality of the Content has Been Observed.

When we Study the History of Custom, One Part of it Goes Back to the History of the Predecessors and the Other Part Has Become a Current Custom and Practice With Many Changes. In Particular, Claims Related to Family and Marriage Have Been Referred to Custom. Considering the Vital and Influential Role of Family and Marriage on Social Systems and the Influence of the Family System, Especially Couples' Relations, on the Prevailing Custom, it Seems Necessary to Examine the Truth and Position of Custom in This Field With New Research and Study. Therefore, the Results of This Study Include: the Strength of the Influence of Custom in Understanding the Issues Raised in the Field of Marriage, Its Involvement in Legal Courts, Obtaining the Legitimacy and Acceptance of Some Customs in The Interests of the Public and the Purposes of Islam and the Decisive Role Custom Pointed to the Emergence of new Examples of the Rights and Duties of Couples.