A NEW THEORY FOR THE LEGALITY OF THE NEW LEGAL SYSTEM IN THE ISLAM

One of the ways for discovering the Islamic laws is referring to wise men custom and practice (Banae Oghala). Most of the past Islamic jurisprudents (Shariat Scientists) believe that the condition of its validity is being of that custom or its criteria in the age of the Masoom (p.). A new theory has been advanced in this article in which many of the new wise men customs will be valid in some special circumstances without needing to being in that age. The significant usage of this theory is for the finding of the Islamic foundation for many new legal systems like intellectual property law.