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Abstract

Introduction to the Research Problem: This research article explores the reforms Islam introduced in the customs (ʿurf) of Arab society with regard to fiqh al-usrah (family jurisprudence or marital rulings). It further investigates the nature of prevailing customs in today’s society concerning fiqh al-usrah, and clarifies the Islamic Shari‘ ah’s  perspective on these customs. Primary Research Question: What reforms did Islam introduce in the prevalent customs of Arab society regarding fiqh al-usrah, what were the guiding principles and regulations, and how can these reforms be applied to the prevailing customs in contemporary society? Research Objective: The objective of this study is to identify the flaws within the traditional customs of Arab society and analyze the reforms introduced by Islam in the light of its universal principles. This aims to enable a better understanding of the eternal principles of Islam, so that the prevailing customs related to fiqh al-usrah in every era can be assessed and their validity determined in accordance with Islamic teachings. Research Methodology: The research methodology involves an analysis of the customary practices regarding fiqh al-usrah in Arab society during the Prophetic period. It examines the Islamic reforms in the customs of marriage, divorce, waiting period (ʿiddah), and inheritance. Furthermore, the study analyzes some current customary practices in light of these reforms to determine their standing in Islamic law. Key Findings: Islam completely abolished those elements of Arab customs related to marriage where a woman could have sexual relations with someone other than her husband. It introduced restrictions on divorce practices and reduced the excessively long waiting periods for widows. In inheritance, Islam eliminated the customary deprivation of women and children from their rightful shares