(العرف المجتمعيّ من منظور إسلامي كآليّة لفض النّزاع: المتجاو ر ون في السّكن والزّراعة ( دراسة حالة

This study aims to highlight the importance of social norms in settling disputes, and their role in reconciliation between disputants, especially between neighbors in housing areas and agriculture fields, who often dispute over the boundaries of the house walls or the boundaries and modification of the water course in order to irrigate crops. The study confirms that disputes between humans is a natural matter and a divine destiny, and no one is spared from it, but requires wisdom to solve the issues and written contract to restore the water to its natural course, through cultural customs, and positive habits in the civil councils without resorting to the state courts and their lawyers, who will charge both the plaintive and the defendant the money and consume the time they both actually indeed off. The study seeks to highlight the custom and deal with it from an Islamic perspective based on evidence from the purified Sunnah of the Prophet so that it leads to positive results that can be a new addition to reconciliation between opponents. There are several cases and issues that runs in the researcher’s mind that he personally witnessed and want to shed light on. Some of these issues caused disputes between the neighbors in residential areas such as purchasing a house with semi-official papers from the buyer and are not registered in government departments or are registered in someone else name other than the one who sold it. It may also appear that the house has other parties other than the seller and the buyer thus lead to complication in the conflict. This is due to poor planning and occurs mostly in the outskirts of planned cities, or what people call slums. The problem of the study describes the conflicts that occur in rural farms with no demarcated borders, which, in the custom of Arab societies, fall under areas inhabited by certain tribes or clans that are not registered with the official authorities and are perceived as their own property alone, including disputes that occur due to political representation in the center of the ruling state or dispute in Sharing the share of water in irrigated farms with common streams, and many other causes of dispute that lead to quarrels between neighbors. The researcher considers it a problem whose solution lies in custom as an alternative mechanism for resolving disputes that must be settled outside the walls of the courts. To diagnose the problem, the researcher follows the descriptive approach, and does not dispense with the analytical method, so that the paper leads to results that strengthen the weaknesses in the custom in a way that makes it consistent with what is stated in Islamic law .