Does Custom Conflict with the Law?

Law is a crucial element in human life, as it regulates interpersonal relations and defines rights and obligations. One of its sources is custom, which refers to practices that people have consistently followed and come to regard as binding.

From a personal perspective, I believe that custom holds significant importance as a supplementary source alongside statutory law, because it reflects the customs and traditions of society. Moreover, there are often matters for which there is no clear legal provision, and in such cases, custom can help regulate them.

At the same time, I believe that relying on custom may give rise to certain problems, since customs vary from one society to another. It can be difficult to determine whether a particular practice constitutes a legally recognized custom or is merely a habit among certain segments of society. Additionally, some outdated customs have persisted over time; it is questionable whether they should still be considered valid and appropriate for contemporary society.

Therefore, I view custom as an important source of law, but it must be subject to controls that align with temporal and spatial developments, and it must not conflict with statutory provisions, which constitute the foundation of law, nor with the state’s public order. Law needs to be clear and stable, yet at the same time capable of keeping pace with societal changes. In conclusion, the coexistence of custom alongside legislation is important, as it brings the law closer to societal realities. However, it must be applied in an organized manner and in line with the actual needs of society, so as to avoid discrepancies or ambiguity in the application of the law.

Mubarak Al-Anzi

College of Commercial Studies, Major: Law