Title English Jurisprudence question No 8..pdf ✅

ALVI LAW ASSOCIATES 0313-4384159 Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159 NOTE: These notes are the intellectual property of ALVI LAW ASSOCIATES by WAJEEH AHSAN ALVI not for sale not for Re- forward if anyone found in any of above activity will responsible for the consequences. If you are going to study these Notes, I’ll recommend you to take lecture of these questions for better understanding and concept building then you will be better able to understand the question and answer accordingly. All lectures and important stuff is available on my YouTube channel. Channel name Alvi Law Associates. For free notes and lectures series WhatsApp only. Here is the playlist of all lectures of ENGLISH JURISPRUDENCE you can watch lecture of this question from here. https://www.youtube.com/watch?v=pap1Dai9vhQ&list=PLXTPClsX2h dCOj95eYG5BOd7z1Pq2yov9&pp=iAQB Question # 08: Write a detailed note on the concept of custom as a source of law its kinds and Prerequisites of a valid custom? (This question is from 7th topic of the Outline). 1. INTRODUCTION: Custom, as a source of law, means the rules that people in a community follow, even if they're not written down. There are two kinds: general/customary and local/customary. For a custom to count as law, it needs to be really old, always followed, fair, and the same over time. These
things make sure that everyone agrees and the rules are fair for everyone in the community. 2. MEANING OF CUSTOM: According to Black’s Law dictionary: “Custom means a practice that by its common adoption and long unvarying habit has come to have the force of law.” 3. DEFINITION OF CUSTOM: • According to Prof. Salmond: “Custom is the embodiment of those principles which have commenced themselves to the national conscience of principles of justice and public unity.” • According to Carter: “Custom is the uniformity of conduct of all people under like circumstances.” • According to Merriam Webster Dictionary: “A long-established practice considered as unwritten law.” 4. ORIGION OF CUSTOM: The origin of custom as a source of law lies in the longstanding practices and accepted behaviors within a society. Over time, communities develop customary norms that regulate conduct and resolve disputes. When consistently followed, these customs gain legal recognition, forming an informal yet influential source of law that reflects the values and traditions of a particular community. 5. DIFFERENCE BETWEEN CUSTOM AND USAGE: Customs are traditions or habits that a specific community follows. They are like unwritten rules
passed down through generations. Usages, on the other hand, are simply how things are commonly done or used. While customs are specific to a group, usages are general practices accepted by a wider audience. 6. RECOGNITION OF CUSTOM AS A SOURCE OF LAW IN VARIOUS LEGAL SYSTEMS: Different legal systems recognize the importance of customs in shaping and interpreting laws. • Roman Law: In ancient Rome, laws were influenced by customs. These customary practices, accepted by the community, shaped legal rules. Roman law relied on traditions to guide legal decisions. • Hindu Law: In Hindu legal traditions, customs play a crucial role. Practices followed by the community over time are recognized and form the basis of legal principles in matters like marriage and inheritance. • Mohammadan Law: Islamic law, or Mohammadan Law, draws from customs rooted in Islamic traditions. Practices established by the Prophet Muhammad and community customs guide legal interpretations, especially in family and personal matters. • English Law: Common law in England incorporates customs as a source of law. Long-standing practices accepted by the community become legal precedents, influencing court decisions and contributing to the development of English law. 7. REQUISITES/ESSANTIALS OF A VALID CUSTOM: Following are the requisites/essentials of a valid custom.
Reasonableness: The custom must make sense and be fair to both parties involved. Continuous Observance: The custom should be consistently followed over time without significant breaks or interruptions. Not Opposed to Public Policy: The custom's practices should align with societal values and not go against what is considered acceptable by the general public. Not Contrary to Any Other Custom: The custom should not conflict with or contradict any existing established practices. Not Opposed to Statute Law: The custom must comply with the laws set by the government. Peaceable Enjoyment: People should be able to follow the custom without facing disruptions or conflicts. Compulsory Observance: Following the custom should be mandatory, and individuals should adhere to it willingly. Certain and Definite: The custom's rules and expectations should be clear and specific, leaving no room for confusion. Universal: The custom should be applicable and accepted widely within a particular community or group. 8. REASONS OF BINDING FORCE OF CUSTOM: Following are the most important reasons behind the binding nature of custom. • Expressing Shared Values: Customs show what a community believes in and values together. • Accepted for a Long Time: