Jurists and jurists attach a special importance and role to "custom"
and consider a special interpretation and position for it.
Undoubtedly, customs, traditions and customs gradually become
social values or cause their formation. This article has tried to
examine the role of "custom" as one of the sources influencing the
legal rules of society and its relationship with "citizenship rights"
from the point of view of Islamic jurisprudence. This research has
been carried out using the library method and the descriptiveanalytical method, and in general, it tries to answer the basic
question: Is custom valid in explaining citizenship rights in Islamic
jurisprudence? The results of the research show that in Islamic
jurisprudence, "custom" has a special place and is considered one of
the factors influencing citizenship rights. From the point of view of
Islamic jurisprudence, the government is valid only when it is a
means for the realization of divine and human goals and a means for
establishing justice and welfare of all and preserving the sanctity
and human rights and a platform for human excellence, which are
all indicators of citizenship rights. . Also, on the one hand, custom
can play a positive role in the formation of citizenship rights and in
cases where the laws cannot anticipate all the needs of the people, it
can come to the aid and complete, eliminate the shortcomings, and
interpret them. Sometimes, the law-giver, with a little change and
appropriation, gives a legal aspect to the custom. On the other hand,
it can be an obstacle to its realization or have a negative role; In such
cases, the law, with its entry, makes the custom obsolete and rejects
it. In other words, until the need to pay attention to citizenship rights
becomes the dominant norm of the people, the legal mechanisms
will have a difficult way to reach it