Custom-Based Public Interest (*al-Istislah al-'Urfi*) According to the Shafi'i School and Its Impact on Contemporary Financial Transactions (Intellectual Property Rights and Trade Names)

Abstract

 

The study included an explanation of the concept of custom and its relationship to interest according to the Shafi’is, and the areas of application of the method of custom and its arbitration where there is no legal text dedicated to interest, or when interest is taken into account. Requires text selection. Custom is not considered an independent jurisprudential source, but rather it is due to evidence of its results based on a number of proven texts. The type of interest is taken into account, and because following custom aims to facilitate and remove embarrassment, and what this achieves is bringing the overriding interest and preventing actual harm, this indicates the necessity of dealing with people on this basis. What they know and are used to, which opens the door to solving contemporary financial transaction issues.