DefinePK

Abstract

Custom (ʿurf) occupies an important place in Islamic jurisprudence (fiqh) as it reflects the adaptability of Sharīʿah to changing human circumstances and social realities. While its acceptance varies among scholars, the majority of jurists across the classical schools recognized valid custom as a significant supporting source of legal reasoning, provided it does not contradict definitive textual evidence or established consensus. This study examines the extent to which custom can be determined as consistent with Islamic legal principles (uṣūl al-fiqh). Linguistically, ʿurf refers to what is acknowledged as good by sound disposition, while technically it denotes a practice commonly accepted by a community. Although some distinguish between ʿurf (custom) and ʿādah (habit), this research finds the two terms functionally synonymous in jurisprudential usage. Customs may be verbal or practical, general or specific, and often emerge from necessity, long-standing practice, or inherited traditions. The study outlines the conditions that render custom legally valid: it must be predominant and consistent, not contradict Qurʾān, Sunnah, or consensus, should be general rather than restricted, binding in practice, and present at the time of the transaction unless stipulated otherwise. Customs are further divided into legal customs directly supported or opposed by scriptural evidence, and social customs not explicitly addressed in texts but generally tolerated unless harmful. The findings suggest that when confined to these parameters, ʿurf serves as a crucial bridge between timeless Sharīʿah principles and lived human experience, enriching legal application in contemporary contexts.