تفاصيل الرسالة العلمية

The present study aimed to reveal the place of custom in Islamic Sharia and law, as well as its place in the Omani laws. The present study also aimed to demonstrate the effect of custom in the Omani Civil Transactions Law. To achieve the objectives of the present study, the researcher examined the articles of the Omani Civil Transactions Law, which referred to the custom, and concluded the effect of custom in the law through these referrals and compared it with the Islamic jurisprudence and its principals and some other laws such as the Jordanian civil law, and the Emirates civil law. The present study concluded that custom is a source of legislation in Islamic jurisprudence and law. It was also found that the Omani civil law relied on custom and assigned the interpretation, complementary and standard role to the custom in many contracts such as sale, leasing and lending, in addition to its role in interpreting and complementing the same law. The present study revealed the lack of judicial judgements based on custom in the civil transactions. The reason may be attributed to the fact that the law was only issued recently