University of Tehran Law Quarterly 2588-5618 47 2 2017 06 22 THE ROLE OF CUSTOM AS A SOURCE OF LAW THE ROLE OF CUSTOM AS A SOURCE OF LAW 193 211 62610 10.22059/jlq.2017.62610 FA Ali Eslamipanah Assistant Professor, Private and Islamic Law Department, University of Tehran Journal Article 2016 06 26 Every force that produces the rule of law is called the source of law. In the most legal systems the custom is the source of law. The custom is a general and permanent rule that directly results from people's intention and government don't have any role in its formation. Today the place of the custom as a source of law on beside of another sources is controversial. In fact, the principal question is if the custom is superior or inferior or equal to the law. In some of legal systems such as Anglo-Saxon custom is the first source and the law comes after it. But in the civil law system the law is first and the custom comes after it. In our legal system the main question is if the custom is a source of law or not. If the answer is yes, the next question is if the place of custom is similar to those systems or is something else. In this article we have tried to answer these questions. Every force that produces the rule of law is called the source of law. In the most legal systems the custom is the source of law. The custom is a general and permanent rule that directly results from people's intention and government don't have any role in its formation. Today the place of the custom as a source of law on beside of another sources is controversial. In fact, the principal question is if the custom is superior or inferior or equal to the law. In some of legal systems such as Anglo-Saxon custom is the first source and the law comes after it. But in the civil law system the law is first and the custom comes after it. In our legal system the main question is if the custom is a source of law or not. If the answer is yes, the next question is if the place of custom is similar to those systems or is something else. In this article we have tried to answer these questions. https://jlq.ut.ac.ir/article_62610_4943ebf87ab0e4aced33bdb32ea04ab1.pdf