The Influence of Custom on Family Law Dowry and Alimony as a Model

Abstract

The study aims to reveal the impact of custom on family rights through the rights of alimony and dowry, starting with clarifying the status and nature of custom, then explaining its effect on the type, amount, and kind of dowry, as religious law and legislation leave this to what is commonly accepted among people.

This is followed by an explanation of the customary dowry and the effect of custom on it in cases of invalid designation, absence of naming the dowry, or disputes over it, where the measure of equivalence is custom. Then, the study clarifies how alimony is influenced by custom in terms of limits, value, and what it includes according to need and economic and social variables, within customary bounds.

The study concludes that the reference for regulating and determining many family rights is custom. Custom is not merely a social phenomenon; rather, it is a tool with its legitimate and legal consideration, embodying flexibility and realistic justice that achieves the purpose of family coexistence under mercy, affection,  and human dignity.