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Abstract

In Islamic jurisprudence, custom is recognized as a fundamental theoretical and ijtihadic element, which has influenced the interpretation and application of Sharia rulings in different periods. Since some rulings are linked to specific social, cultural and temporal conditions, changes in custom also affect these rulings. Therefore, it is necessary to examine in detail the status of custom in Islamic jurisprudence, the effects of its change, and the ijtihadic practice of jurists in this regard. In order to clarify which rulings can be affected by changes in custom and which are unchangeable. Furthermore, based on the jurisprudential principle of "change of rulings with change of time" (change of rulings with change of time), it has been seen how changes in custom have been included in ijtihadic reasoning in different schools of jurisprudence. An important question is also under discussion: should the apparent words or the objectives of the Sharia be given priority in the interpretation of jurisprudential rulings?  In this context, it is necessary to analyze the principles of maslah-e-mursala, istihsan, and sadd-ud-dhara’i, so that the paths of ijtihad can be determined with the changing customs in the modern era. This article first sheds light on the definition of customs in jurisprudence, its types, and its Sharia status, then it is clarified how to distinguish between rulings based on texts and rulings based on customs. It has also been researched how jurists have included the change of customs in ijtihad and what is the importance of this principle in the modern era. Finally, in the light of this research, the principles of the change of customs in jurisprudence will be formulated and some guiding points will be presented for modern ijtihad discussions. This article will not only be useful for academic and research circles, but can also prove to be an important reference for jurists, jurists, and policymakers in the practical field, so that the interpretation and application of Sharia rulings can be balanced with changing customs. At the time of writing narrative and analytical methods have been adopted for the dissertation research.