Quote -The Council of the Islamic
Fiqh Academy, holding its Fifth Session, in Kuwait City
(State of Kuwait), from 1st to 6th
Jummada al-Oula 1409 H (10 to 15 December 1988);
Having reviewed the papers presented by the Members and experts on Customs and Having listened to the discussions held on the subject;
should be permanent or frequent
c) It should already exist at the time of the issue involved.
d) The contracting parties should not agree on opposite provisions, in which case it is not enforceable.
Fourth: A Fiqh scholar (whether Mufti or Judge) should not continue himself to dictum contained in Fiqh books without giving due regard to changing customs.
Verily, Allah is All-Knowing - Unquote
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