A research review on the validity of custom in collective ijtihad in the light of the principles of jurisprudence

اجتماعی اجتہاد میں عرف کی حجیت: اصولِ فقہ کی روشنی میں ایک تحقیقی جائزہ

Abstract

This study investigates the validity and role of custom (ʿurf) in collective ijtihād (al-ijtihād al-jamāʿī) within the framework of Islamic legal theory (uṣūl al-fiqh). In the contemporary context, rapid social, economic, and technological changes often surpass the capacity of individual jurists to address emerging issues effectively. Therefore, collective ijtihād through institutions, academies, and Sharīʿah councils has become an essential mechanism for formulating relevant legal responses. The research traces the classical treatment of ʿurf across the four Sunni schools: Ḥanafī and Mālikī scholars recognized its authority when compatible with Sharīʿah, while Shāfiʿī and Ḥanbalī jurists applied stricter conditions, showing caution in its adoption. Building on this foundation, the paper examines the contemporary application of ʿurf in the deliberations of modern Fiqh Academies, particularly in matters related to Islamic finance, bioethics, family law, and social customs. The findings reveal that ʿurf, when carefully examined and not in contradiction with definitive textual evidence or the higher objectives of Sharīʿah (maqāṣid al-sharīʿah), serves as a vital tool that connects the timeless principles of Islamic jurisprudence with the realities of modern life. It ensures that collective ijtihād remains both authentic and dynamic, preserving fidelity to the Sharīʿah while responding to the evolving needs of Muslim societies. Ultimately, acknowledging the role of custom enriches Islamic legal reasoning by making rulings more relevant, contextual, and sustainable in today’s pluralistic world.