Considiration of customary practices in legal issues among scholars of the “Maghreb al-adna” - construction Issues As A Model-

Abstract

This study aims to highlight the extent to which scholars in the Maghreb al-Adna rely on the principle of considering customary practices in legal issues, especially in construction issues, water, sewage, and the like. The research begins by defining the concept of "custom" and explaining its categories, conditions for consideration, and its significance in legislation and judiciary. It then defines the term (construction issues) and concludes by presenting examples and  practical evidence of the impact of custom in construction matters according to some scholars in the Maghreb al-Adna. The study's results indicate that the principle of custom remains one of the most important foundations of Islamic jurisprudence that can be relied upon in reasoning and deduction. Based on this, many of our jurists have built various rulings and construction-related issues on the basis of considering custom, aiming to achieve legitimate interests and objectives.