فقہ اسلامی میں عرف کی حجیت: عہد نبوی کے نظائر کا فقہی و اصولی مطالعہ

The Authority of Custom (ʻUrf) in Islamic Jurisprudence: A Study of Prophetic Precedents from the Perspectives of Fiqh and Usul al-Fiqh

Abstract

Islamic law, known as Sharia, aims to provide fair and enduring principles and laws for everyone. It guides every individual living in an Islamic society on how they should conduct themselves and interact with others within that society. As society changes over time for those who live and work within it, Islamic laws, which are formulated on the basis of the Quran and Hadith, along with the guidance of the Companions' sayings, consensus (Ijma), analogy (Qiyas), and independent reasoning (Ijtihad), also undergo certain changes accordingly.

'Urf (custom) is a fundamental and dynamic source of Islamic jurisprudence, and has served as an important means of harmonizing Sharia with the demands of time and place. This concept has not only been a part of Islamic legislation throughout history, but its significance is equally recognized in the modern era.'Urf is, in essence, the legal expression of the collective consciousness of human society, which adapts to social needs while remaining within the boundaries of Islamic principles.

This is the beauty of Islam that while its teachings are eternal and true, jurists (Fiqh) continually strive to resolve the problems faced in social life in the light of those teachings. Islamic law presents itself as a universal and enduring legal system, designed to guide human conduct amid changing social, economic, and cultural contexts. The adaptability of Sharia is neither accidental nor unlimited; rather, it is achieved through well-defined jurisprudential principles that balance textual authority with social reality.

Among the foundational principles of Usul al-Fiqh (Islamic legal theory), 'urf has played a pivotal role in ensuring the practical implementation of Islamic law in diverse societies. Jurists acknowledged that legal rulings, particularly in matters of transactions and social relations,cannot be applied without reference to prevailing customary practices.

Therefore, this paper will clarify the authority and status of 'urf, and highlight its position and rank, so that it becomes easier to understand the significance of 'urf in jurisprudence (Fiqh) and the principles of jurisprudence (Usul al-fiqh).