The word "CUSTOMARY KNOWLEDGE" is used to show a degree of preferred belief in which one should have complete trust and great belief to an object while he/she does not reach to absolute certainty (yaqiin) -in logic and philosophic sense. In this stage of belief we may reasonably confront with a contrary contingency but the wise people do not rely in this contingency and set it aside. They treat and recognize the CUSTOMARY KNOWLEDGE as KNOWLEDGE in logic sense and invoke to it in all aspects of their life In inferring shariah rules, Islamic jurists usually and generally seek for logic KNOWLEDGE and specific conjecture (zann e khaas) as the means of inferring the rules. However, they believe that in the process of inferring Islamic rules they can invoke to CUSTOMARY KNOWLEDGE. Islamic legislature (divine shaare) do not deny the way of the wise people in reliance on CUSTOMARY KNOWLEDGE and permits to infer shariah rules on the base of this means of inferring.

CUSTOMARY Criminal Code (1916) is the first substantial code in Iranian criminal law. This Code is ratified about 38 years after Counte Code (1879). Its importance is that it makes the substructures of its post criminal codes. This Code is very important due to new division of crimes, penalties and explanations of Counte Code which was unprecedented. These regulations show Iranian criminal law developments and Iranian legal social culture in 100 years ago. Many of current criminal law organizations go back to even pre-constitutional period. Recognition of the typology of crime and punishment in CUSTOMARY penal code is of great importance. So that, this law has many effects in criminalization, the new division of crimes, determination of various penalties, especially imprisonment, identification of different institutions and principles predictions such as the principle of legality of crimes and punishments on the penal codes after itself (from 1304 to 1392). The crimes divided into three groups of crimes against persons, property and security the first time was done by this law and the sentence of imprisonment organized and widespread in this way entered into Iran Criminal Law System. In the present article explain the penological analysis of CUSTOMARY Penal Code and the statement of the penals system of this law and penological evaluation based on the functions of punishment.

Faqihs are from amongst people and have two distinct juridical and CUSTOMARY states. They sometimes engage with Fiqh (delivering rulings from religious sources) and issue religious rulings, while at other times they attend to general or particular CUSTOMARY affairs. Given that they enjoy authority in issuing rulings, judgment, and governance, what they have taken on in these three areas could be studied with regards to their different states- using the ideas and teachings of Imam Khomeini. This paper is trying to answer the question that while implementing their authority, on what occasions Faqihs utilize their juridical state and when they use their CUSTOMARY state. With a descriptive and analytic approach, this fundamental study comes to the conclusion that today Faqihs are often using their CUSTOMARY state in judgment and governance, whether limited - such as orphans' custody - or general - such as leadership and administration of the society - and only on rare occasions they may come to use their juridical state.

The precautionary principle has been widely discussed in academic, legal and political areas. Debates stem due to various definitions and wordings of the principle and the fact that it has been reflected in both binding and nonbinding international instruments in various fields. The role of the European Union and its members is undisputed in the evolution of the principle. It can be found in different contexts; from its statements in international disputes to Jurisprudence of its judicial organs. This paper, with an analytical-descriptive approach, examines the situation of the precautionary principle in Domestic legal systems of European countries, primary and secondary rules of the EU and the jurisprudence of general courts, ECJ and ECHR to prove or deny the CUSTOMARY nature of the principle in this region.

Background and Aim: The international law of the seas is based on the strong shoulders of the powerful system of international custom that has been repeatedly cited by international judicial and arbitration authorities. Therefore, in a comprehensive study, it was necessary to study the CUSTOMARY rules of delimitation of maritime areas, which have undergone many changes and transformations over the centuries. The present article examines this trend with a brief look at the CUSTOMARY rules of delimitation of maritime areas. Materials and Methods: The research method in this paper is descriptive-analytical. Ethical Considerations: Ethical considerations regarding the writing of texts as well as references to sources were observed. Findings: CUSTOMARY international law has played an important role in the process of forming the international law of the seas and shaping the necessary criteria to evaluate its rules. The principle of the commonality of the seas, the national authority over the seas, the principle of the freedom of the seas in the Middle Ages, the judgment of the maritime courts and the legal opinions of the maritime dispute resolution authorities are evidence of the CUSTOMARY rules governing the seas. If the CUSTOMARY rules are so effective in the formation of the rules of delimitation of maritime areas that need special attention, then the course of its evolution was examined and the impact of CUSTOMARY rules on the development of the law of the sea was examined. Conclusion: This article emphasizes that CUSTOMARY law has not provided a specific method for delimitation that is legally binding or creates a privileged position over other methods.

In civil law and Imamiyah jurisprudence, based on the theory of narration and basis of the contract of guarantee on the institution of Dhimmah, the subject of this contract is limited to the fixed religion in Dhimmah and existing at the time of the contract, to the extent that most of the jurists have considered the absence of these two aforementioned conditions as the cause of the invalidity of this contract. However, the subject of guaranteed and common contracts cannot be limited to these conditions. The adequacy of the existence of the cause is not enough to solve the issue. Therefore, it is necessary to correctly identify the subject of the contract, the conditions, and its effects on these conditions, based on the nature of this type of guarantee and appropriate techniques related to this nature, in the guarantees that are used in society. The current paper, in addition to proposing a general theory in the realm of guarantee, it has broken the monopoly of the subject on religion and made obligations in its broadest sense the subject of this contract, with a descriptive-analytical method and focusing on the CUSTOMARY approach to the guarantee contract, by analyzing the nature of the CUSTOMARY guarantee and its profound difference with the narrative guarantee, and using the responsible institution instead of the institution of dhimmah in explaining the subject of the contract.

IntroductionAfghanistan is a  country that shares four waterways (Hirmand, Kabul, Harirud, Amu) with neighboring countries. These watercourses are an important source of water supply in Afghanistan and its neighboring countries. Except for the Hirmand River which has the 1973 treaty as its governing source of legal regulation, the other three water basins of Afghanistan do not have a treaty exploitation system and are considered subject to the CUSTOMARY rules. Therefore, any use of these waterways is only possible within the framework of the CUSTOMARY rules of international law of the sea. Due to various historical reasons, Afghanistan has not had the opportunity to avail itself of these watercourses. In the last few years, this country has designed and implemented programs to manage and use its water resources. Many of these actions were faced with protests from Afghanistan's neighboring countries. These countries have considered the actions taken by Afghanistan to be in conflict with international law, especially the CUSTOMARY law governing international waterways. According to the practice of states, and the opinions of international judicial and non-judicial institutions, currently, there are rules such as reasonable and equitable utilization, the prohibition of incurring serious harm to other countries, and the responsibility to cooperate, which underly the basic and CUSTOMARY rules of international law of the sea. The CUSTOMARY characteristic makes states legally obliged to comply with these rules regardless of their membership in international treaties. States’ violation of CUSTOMARY obligations will result in international liability. Without a doubt, Afghanistan, as a member of the international community, will not be exempt from this rule. Research Questions The present research examines the status of the CUSTOMARY obligations regarding the non-navigational use of international waterways in the legal system and the practical practice of the Afghan government. The research seeks to answer these questions: What is the approach of Afghanistan's legal system towards the international CUSTOMARY rules of the sea and do the domestic laws require the government to comply with these obligations or not? What is the practical practice of the government in this case and to what extent are Afghanistan's actions consistent with the international CUSTOMARY rules? Research Background As an important source of life and livelihood, the subject of waterways has been of interest to humans forever. The greatest human civilizations are built next to water sources. With the formation of nation-states, the discussion of international waterways and their exploitation by countries was raised. In this regard, many researches have been conducted and published by scholars on how to regulate the use of international watercourses around the world.Although such research was initially centered around the use of navigation, with the increase in population, the climate changes, and the pollution of water resources, non-navigational exploitation and their related topics also attracted the attention of scholars. Regarding the international watercourses of Afghanistan, many researches have been published by different authors both inside and outside of Afghanistan, in different languages.The common denominator of all of these efforts is the focus on contractual obligations, management, and the protection of water resources. Therefore, an important i.e., international CUSTOMARY obligations of Afghanistan and its practice and performance in this area has been neglected. However, some authors have mentioned some of these obligations in their research. For example, we can refer to works such as the research  of Mr. Jamshid Momtaz titled “The legal system of the middle East watercourses”, “Ali Raghanabi: The legal principles governing the international rivers, with an emphasis on the Hirmand River”, “Nusratullah Afzali: The principles governing the international watercourses with an emphasis on the Harirud river”, and “Mrs. Sara Naqshband: International Practices in the Settlement of International River Disputes”. Within Afghanistan, in the last few years, research has been carried out in the field of Transboundary Rivers. The major parts of these research papers have been carried out by the Doran Institute, which is a private research institute. This research center has so far published two articles in this area (Amu and Kabul) and besides these, publishes a journal about the waters of Afghanistan, the first issue of which was published in 2015. This research focuses on the capacities of the mentioned areas, the capabilities and challenges of their use, and the climate risks that threaten these waters; it briefly refers to the legal aspects of using these waters. however, it has not been specifically and comprehensively addressed. DiscussionArticle 7 of Afghanistan’s Constitution recognizes the government’s responsibility to comply with the United Nations Charter, the Universal Declaration of Human Rights, and other treaties that Afghanistan has accepted, but it does not make any reference to international CUSTOMARY obligations. Of course, this does not mean that Afghanistan does not accept CUSTOMARY international obligations. the obligation to comply with the UN Charter (based on Articles 1 and 2 and other principles of the Charter) is not limited to treaties, and includes obeying all binding sources of international law. The constitution, especially its seventh article, has stated the obligations that need to be approved by the parliament (National Council) and approved by the president. CUSTOMARY international obligations are usually entered into national systems through automatically and informally and do not require a special process for ratification andapproval. The study of Afghanistan's legal practice, including the study of the past constitutions (1980 and 1987), in which, in addition to treaties, Afghanistan's obligations to other accepted principles and rules of international law are set out, supports this claim.This is why the Afghanistan transboundary water policy, which was approved by the Council of Ministers in 2015, mentions Afghanistan's responsibility to comply with the international rules and regulations in the operation of transboundary waters in its sixth chapter. International rules and regulations include contractual and CUSTOMARY rules.The practice of the Afghan government in the exploitation of common waterways is in line with its responsibility to act by these rules. The signing of a treaty with Iran (in 1973) and an agreement with the Soviet Union in the field of utilization of the Amu River (in 1958 and 1964) indicates that this country considers itself bound to international obligations in this field. Conclusion The Afghan constitution is silent on its international CUSTOMARY obligations. nevertheless, the emphasis on compliance with the United Nations Charter in its seventh chapter also includes complying with the CUSTOMARY rules. The legal and practical practice of the Afghan government shows that this country considers itself obliged to comply with these obligations not only as a  member of the international community; but also according to its domestic laws. However, examining the degree of compliance of this country's actions in the use of international waterways with its international obligations requires examining all the related factors. Without access to the relevant information, it would be very difficult to consider these actions in violation of these obligations. However, the principle of responsibility to cooperate obliges the Afghan government to take appropriate measures to deal with these protests within the framework of international law.

Background and Aim: The safety commitment of the physician and the hospital against the patient has been accepted in such a way that various laws, regulations and instrucions has been set it in first field, but the source of safety commitment in this type of contract are not limited to the rules of the subject and custom and CUSTOMARY rules independed of other factors and as one of the of first sources of contract law will cause the formation of asatety obligation in the contracts concluded between the doctor and patient in such a way that the violation of this abligation causes civil liability. Method: This article has been written descriptivety-analyticaly using library resources. Ethical Considerations: This research has been done be observing ethical principles and trustworthiness in using the available sources. Results: The court hearing the violation of the doctor's safety obligation against patient conissue verdicts to compensate the patient with documents based on CUSTOMARY rules in the light of some articles of civil code, such as articles 220 and 365. Conclusion: One of the accepted obligations in the contrcted relationship is the safey oblisation with the proviso that in the execution of the contract, it must be done in a way that does not harm the life or property of the contracting party, other wise the breach of the cortract will occur and civil liability will arise. Creating a safety obligation in medical contracts sources such a law, contract provisions and custom are introduced. Among these, custom is very important because in medical contracts, the parties generally don't pay attention to the safety obligation and don't provide a solution custom as the only source while creating a safety obligation in this type of concract, will require the physician and hospital to violate the obligation to compensate the patient. Such a article 356 and 220 in civil law that will be explained during the discussion.

There is a problem with the CUSTOMARY language of the Qur’anic discourse. Some of them said that it is a language of general custom that the general public understands, and some of them said that it is a language of a special custom that only the specialists and people of KNOWLEDGE understand with the tools and sciences they possess that qualify them to understand it. He was engaged in it and did not decipher its symbols and signs except those who are firmly established in KNOWLEDGE after God Almighty and what is meant by the people of the house, may God’s prayers be upon them. Arabic, its capacity and its potential because the Qur’an discourse came and named it or overpowered it, then we explained in the second chapterThe language of general custom and its features. We also showed the linguistic and Qur’an evidence of the strength and predominance of the Qur’an discourse over public discourse, and in the third chapter we explained the private CUSTOMARY language that only the specialists understand because of the sciences and tools that they have to help them understand it. And which concerns the people of the house, may God’s prayers be upon them, who are the translators of the Qur’an and its justice. We also talked about applications related to the CUSTOMARY language of the general and then private Qur’anic discourse and then more specifically from the private. What he possesses of KNOWLEDGE and as much of what he possesses of KNOWLEDGE is a commoner who understands Arabic He understands the clear evidences in his own language. As for the similarities and the verses of judgments, they are understood only by specialists, scholars and scholars. As for the special discourse from the private, it is understood by the reservoir of the KNOWLEDGE of God and they are the people of the house, may God’s prayers be upon them. The method used in the research was descriptive and analytical and applied.