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Title: The Authority, Conditions, and a Research and Critical Review of the Jurists' (Usuliyyin) Opinions on Custom (ʿUrf): عرف کی حجیت، شرائط اور اصولیین کی آراء کا تحقیقی و تنقیدی جائزہ
Authors: Dr. Hafiz Syed Mubshar Hussain Kazmi (Corresponding Author), Dr. Hafiz Muhammad Afzal
Journal: Al-Marjan
| Category | From | To |
|---|---|---|
| Y | 2024-10-01 | 2025-12-31 |
Publisher: Al-Marjan Research Center, Lahore, Pakistan, (SMC- Private), Limited.
Country: Pakistan
Year: 2025
Volume: 3
Issue: 1
Language: en
DOI: 10.1234/hmtsjy32
Keywords: CustomAuthorityConditionsJuristsShariaJurisprudence
Custom (al-ʿurf) holds a pivotal role as a secondary source in Islamic jurisprudence (uṣūl al-fiqh), serving as a bridge between the timeless principles of Sharia and the evolving realities of human societies. This research delves into the authority (ḥujjah) of custom, emphasizing its conditions as outlined by the uṣūliyyīn (jurists specializing in legal principles). Drawing from Quranic verses, such as the command in Surah Al-A'raf to enjoin good customs, and Prophetic traditions highlighting moral perfection, the study illustrates how Islam selectively integrated pre-Islamic Arabian customs—retaining those aligned with human nature and divine guidance while abolishing contradictory ones. The significance of custom lies in its flexibility, enabling Sharia to adapt to diverse cultural contexts without compromising core tenets, thus facilitating ease in daily transactions like trade, marriage, and dispute resolution. However, its validity is conditional: it must be widespread, current at the time of application, and not oppose explicit texts from the Quran or Sunnah. The paper categorizes custom into verbal/practical, general/specific, and valid/invalid types, underscoring its role in maintaining societal harmony and legal practicality. Through a critical analysis of jurists' views, the research demonstrates how custom embodies Sharia's universality, preventing rigidity and promoting justice in contemporary Muslim societies. Ultimately, custom reinforces the comprehensive nature of Islamic law, ensuring it remains relevant across eras and geographies, while safeguarding against cultural excesses that deviate from ethical norms. This analysis not only clarifies custom's jurisprudential status but also offers insights for modern legal reforms in Islamic contexts.
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