The Impact of Change in Custom ('Urf) on the Interpretation of Shariah’s Rulings: Analytical Study
Abstract
Urf (custom/prevailing practice) is considered one of the sources of Islamic Sharia. Its reality lies in the fact that when considering rulings for those obligated by Shariah, taking into account the region, circumstances, time, and the mukallaf themselves holds key importance in Shariah. Therefore, observing 'urf in all rulings is a necessary matter. Despite this, such changes are generally observed in subsidiary rulings, and the underlying general principles of Shariah and their observance are considered behind this change. In this regard, the principles related to 'azimah (strict adherence) and rukhsah (concession) (foundational legal principles) are generally taken into account on one hand, while on the other hand, the principles based on maslahah (welfare) and the objectives of Shariah falling under it, are also considered. If observed, Shariah has adopted a three-pronged approach regarding the change in rulings. Islam maintained some customs of Arab society as they were, such as diyah (blood money) and some rulings of 'iddah (waiting period); it implemented some changes in others, for example, limiting the unlimited number of divorces to three; it discouraged some, such as the custom of keeping male and female slaves; and it abolished some customs, such as the rulings related to the prohibition of riba (usury) in business. The wisdom behind this seems to be that the customs that were in accordance with the general principles of Shariah and which do not harm the society, were maintained, and those in which agreement was possible after a fundamental or minor change were changed accordingly, while those that did not align with the universal and accepted principles and objectives of Shariah were changed completely or gradually.
Keywords: Urf, Islamic Shariah, Custom in Islam, Legal Maxims, Azimah, Rukhsah, Maslahah, Maqasid Al-Shariah, Change in Rulings, Social Customs, Legal Reform, Divorce in Islam
