Urf
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ʿUrf (
ʿUrf is a source of Islamic legal rulings where there are not explicit primary texts of the
Overview
- Terminology
The term 'ʿurf', meaning "to know", refers to the customs and practices of a given society.
- History
ʿUrf was first recognized by Abū Yūsuf (d. 182/798), an early leader of the
- Scriptural basis
The "maxim" that custom is an authoritative source for Islamic law "appears in the Quran and Hadith". One hadith narrated by Ibn Mas'ud stated 'Whatever the Muslim saw as good is [considered] good by God, and whatever the Muslim saw as evil is evil according to God.'" [3]
Sharia
Although this was not formally included in Islamic law,
In the application of ʿurf, custom that is accepted into law should be commonly prevalent in the region, not merely in an isolated locality. If it is in absolute opposition to Islamic texts, custom is disregarded. However, if it is in opposition to qiyas, custom is given preference. Jurists also tend to, with caution, give precedence to custom over doctoral opinions of highly esteemed scholars.[4]
In some countries such as
See also
References
- ^ a b H. Patrick Glenn, Legal Traditions of the World. Oxford University Press, 2007, pg. 201.
- ^ a b "Urf", Encyclopaedia of Islam
- ISBN 978-1-64205-346-3. Retrieved 2 March 2022.
- ^ a b Hasan (2004), p. 169-71
- ^ Egypt: Customary marriage refworld.org
Bibliography
- Hasan, Abrar (2004). Principles of modern Islamic jurisprudence. Karachi: Pakistan Academy of Jurists.
- Libson, G.; Stewart, F.H. "ʿUrf." Brill Online. 10 April 2008