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Abstract

In Islamic jurisprudence, Nass (textual evidence), comprising the Qur’an and Sunnah, constitutes the primary source of Islamic law, while ʿUrf (custom) functions as an auxiliary but highly significant source. Throughout Islamic history, jurists have recognized that many rulings, especially in matters of transactions, contracts, social relations, marriage, and divorce, are heavily influenced by prevailing customs and norms. The dynamic and adaptive nature of ʿUrf allows Islamic law to remain relevant in changing circumstances without compromising its divine spirit. This paper offers an analytical study of ʿUrf in Islamic jurisprudence, beginning with its linguistic and technical definitions and highlighting the distinction between ʿUrf and ʿĀdat (habit). It then explores the essential pillars and conditions of ʿUrf, followed by its classifications and juristic significance. Particular emphasis is placed on the authority (ḥujjiyyah) of ʿUrf, its compatibility and potential conflict with Nass, and the principles of reconciliation and preference (taṭbīq wa tarjīḥ) in such cases. Furthermore, the research examines how changing customs impact legal rulings (aḥkām) and the extent to which Islamic law accommodates such changes. Special attention is given to contemporary family matters, particularly issues related to marriage, where ʿUrf continues to shape social practices. By comparing Islamic legal theory with modern legislative systems, this paper argues that while secular law treats religion as a partial source, Islam incorporates divine revelation as a comprehensive foundation, using ʿUrf as a supplementary source. The study concludes that a balanced and principled use of ʿUrf provides moderate solutions to contemporary challenges, preserving both the spirit of Islam and societal welfare.