دور العرف في الخطبة بين أحكام الشريعة الإسلامية و القانون

Abstract EN

This research is an attempt to highlight on the role of custom in some personal status issues, as it is considered part of the identity, customs and traditions of any society, as the norms differ from one generation to another and from one place to another, it has had a great influence on marriage issues, especially the issue of the engagement, and the judiciary resort to it sometimes when there is no legal provision or whenever the need arises.

The Islamic Sharia allowed the right customs and excluded the corruption from it, and the custom is a source of law and is the second reserve source after Islamic law provided that it does not breach the general system and public morals of society.