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Implementation of the authority of custom and traditions by Islamic jurisprudence in contemporary cases: التطبيق الأصولي على حجية العرف في النوازل المعاصرة


Article Information

Title: Implementation of the authority of custom and traditions by Islamic jurisprudence in contemporary cases: التطبيق الأصولي على حجية العرف في النوازل المعاصرة

Authors: Prof. Dr. Attaullah Faizi (Corresponding Author

Journal: Al-Marjan

HEC Recognition History
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/h7ttmj45

Keywords: Uṣūlī applicationIslamic customjurisprudential issuescontemporary casesfinancial transactionslegal adaptation

Categories

Abstract





The application of fundamental principles to contemporary jurisprudential issues remains one of the most challenging aspects of Islamic legal studies. While reading and memorizing the maxims is relatively easy, comprehending their depth and applying them accurately to new cases requires precision, methodology, and a strong connection between Uṣūl (principles) and furūʿ (branches). Among these principles, the authority of custom (ḥujjiyyat al-ʿurf) has played a pivotal role in shaping legal adaptation in response to evolving circumstances. This study seeks to explore the Uṣūlī (principle-based) application of custom in contemporary jurisprudential issues, focusing on its mechanisms, divisions, and conditions for validity. It examines the methodological foundations by which custom is elevated to a source of law and the impact it has on altering rulings in light of changing realities. A special focus is given to financial transactions, an area particularly susceptible to change due to shifting customs and global developments, making it a vital domain for applying the authority of custom. By adopting an analytical and applied approach, the research highlights three contemporary issues as case studies: paper currency, digital currency, and their valuation in light of Islamic rulings. These examples illustrate the dynamic interaction between Sharīʿah and evolving human practices, while clarifying the principles that ensure balance between legal flexibility and fidelity to divine guidance. The study concludes that the authority of custom in Islamic jurisprudence remains indispensable, but it must be exercised under strict methodological conditions to prevent arbitrariness and ensure alignment with Sharīʿah objectives.




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