DefinePK

Abstract

The rise of digital and social media platforms has given birth to unprecedented forms of custom (ʿUrf) that shape the daily lives of Muslims across the globe, influencing social interaction, commerce, and public morality. While classical Islamic jurisprudence has long recognized ʿUrf as a subsidiary source of law—valid so long as it does not contradict the Qurʾān, Sunnah, or consensus—the emergence of “digital ʿUrf” poses novel challenges that demand juristic reflection. Unlike traditional customs, which were localized and stable within specific cultural and geographic contexts, digital customs are fluid, rapidly evolving, and often transnational, spreading through algorithm-driven content, influencer authority, and online peer engagement. This study examines the extent to which such practices can be incorporated into Islamic legal reasoning, drawing on the perspectives of major jurisprudential schools and the overarching framework of maqāṣid al-sharīʿah (the objectives of Islamic law). It highlights the dual nature of digital ʿUrf: on the one hand, it facilitates new modes of communication, commerce, and education that may serve legitimate interests; on the other hand, it raises concerns about moral boundaries, authority, and the erosion of traditional community-based norms. The analysis demonstrates that jurists must evaluate online customs not merely by their prevalence, but by their ethical implications and their alignment with Sharia’s higher objectives of preserving religion, life, intellect, progeny, and wealth. By situating digital practices within the methodological principles of fiqh, the paper underscores the necessity of establishing criteria for recognizing or rejecting digital ʿUrf in contemporary contexts.