Al-ʻUrf as a source of legislation according to Imam al-Nawawi in the book “Al-Majmu’’: A Jurisprudential and Fundamental Study

العرف مصدراً للتشريع عند الإمام النووي في " كتاب المجموع" : دراسة فقهية أصولية

Abstract

This study investigates the role of custom (al-‘Urf) as a supplementary source of Islamic legislation, focusing on its jurisprudential and foundational status in the writings of Imam al-Nawawi, particularly in his authoritative work Al-Majmuʿ. While the Qur’an, Sunnah, consensus, and analogy remain the primary sources of Islamic law, jurists have long debated the authority of custom in shaping rulings that address practical realities. The central question driving this research is whether custom can be treated as an independent source of law and, if so, under what conditions it may be legitimately applied without contravening definitive scriptural texts. Adopting an analytical-inductive approach, the study closely examines Imam al-Nawawi’s treatment of sales-related issues where custom plays a central role, such as Bayʿ al-Muʿāṭāh (contract by mutual consent without formal verbal exchange) and Qabd (physical possession of goods). These cases demonstrate how custom functions not merely as a social habit but as an operative legal mechanism that bridges textual injunctions with lived realities. The findings reveal that Imam al-Nawawi granted custom a notable degree of authority in contextualizing transactions, enabling Sharia to maintain both its permanence and adaptability. The research concludes with a call for structured jurisprudential frameworks that regulate the use of custom in contemporary legal thought, emphasizing the importance of aligning local customs with Sharia objectives. By doing so, Islamic jurisprudence can preserve its normative integrity while addressing modern socio-economic challenges effectively.