القاعدة الفقهية: العادة محكمة

Abstract

This research is a study and explanation for Islamic rule basis (the custom is judged) and its implementations in personal affairs for the Southern Sudan's Muslims, case study on Dinka Tribe Muslims, the researcher deals with introductions of Fiqih Science basics, in Fiqih rules concept, the researcher investigate the development of Fiqih rules historically since of Prophet Mohammed (peace be upon him) in states of Hadeeth was said by him, which he given the allover the talking basics, and the Companions and Followers age up to this recent time, and the logic of Fiqih rules and the scientists opinion, and the parts of Fiqih basics, and investigating the Fiqih basis (the custom is judged) throughout the definition of custom and habit, and the different between them, and their conditions, implementation field of habit and custom, and habit parts from side of good habit and bad habit, the proves of judgment of custom and habit, then the researcher undertake marriage provisions, marriage introductions, marriage basics, its conditions from scientists opinions and its provisions in Islamic Fiqih, then them implementations of Fiqih basis (the custom is judged) upon marriage issues in Dinka tribe whereas the concept of marriage provisions in Islamic Shariah and in Dinka tribe habits and customs, also, the Dinka habit that agreed with Islamic Shariah and Dinka marriage's habits that disagreed with Islamic Shariah, and the impacts of habits over marriage conditions and marriage basics in Islamic Fiqih, marriage objectives and goals in Islam and in Dinka habits, divorce provision, divorce provisions and divorces goals in Islamic Shariah and in Dinka habits, good and bad habits among that, accordingly the researcher reached to valuable information giving the research its significance.