ʿUrf’ as a source of Sharīʿah: Methodological and Theoretical dimensions

عرف بطور ماخذ شریعت : اصولی و نظریاتی جہات

Abstract

This study examines the role of ʿurf (custom) as a dynamic source of Islamic law within the framework of uṣūl al-fiqh, highlighting its methodological and theoretical dimensions. While the Qur’an and Sunnah form the primary foundations of Sharīʿah, ʿurf complements these by harmonizing divine injunctions with societal customs and habits. The research explores how Muslim jurists historically integrated ʿurf to address evolving social realities, ensuring Sharīʿah’s adaptability without compromising its core principles. It analyzes the conditions under which ʿurf is valid, such as its alignment with Islamic values and absence of contradiction with primary sources. The study employs textual analysis of Quranic verses, Hadith, and juristic texts, alongside qualitative insights into contemporary applications of ʿurf in areas like marriage, trade, and social practices. It identifies challenges, including cultural misalignments and over-reliance on outdated customs, and proposes strategies for balanced integration. The findings underscore ʿurf’s role in fostering a flexible yet principled legal system, particularly in diverse societies like Pakistan. By offering a nuanced understanding of ʿurf’s scope and limitations, this research provides actionable recommendations for jurists, policymakers, and educators to align customary practices with Sharīʿah, ensuring relevance and ethical coherence in modern contexts.