An Applied Study of Changing 'Urf and Its Effects on Islamic Jurisprudence: Revisiting Prophetic-Era Cases in the Modern Context

عرف کی تبدیلی اور فقہی احکام: عہدِ نبوی ﷺ کے مسائل کا عصرِ حاضر میں تطبیقی مطالعہ

Abstract

In Islamic jurisprudence, ‘Urf (custom) holds significant importance as a principle that aids in the application of legal rulings in accordance with time and circumstances. During the era of Prophet Muhammad ﷺ, many rulings were established based on the prevailing customs of that time. However, with the evolution of customs, the nature of these rulings also changed. This study examines the legal issues that were determined based on ‘Urf during the Prophet’s time and analyzes how their status has transformed in the modern era due to shifts in customary practices. This research will be conducted in light of the jurisprudential maxim "Al-‘Ādah Muhakkamah" (Custom is authoritative) and will present the views of classical and contemporary scholars on the subject. A key focus will be on determining whether every ruling based on ‘Urf is subject to change over time or if certain rulings, despite being linked to a specific custom, retain their permanency due to fundamental Shari'ah principles. This paper offers an analytical and applied study of the transformation of ‘Urf and its impact on Islamic legal rulings, providing a deeper understanding of the evolutionary nature of Islamic jurisprudence and its practical application in contemporary times.