Women’s Customary Practice (Urf al-Nisā) in Islamic Jurisprudence: A Fiqhī Analysis

فقہ اسلامی میں عورتوں کے عرف (عرف النساء): ایک فقہی جائزہ

Abstract

This article investigates the concept of Urf al-Nisā (women’s customary practices) and its recognized role within Islamic jurisprudence (fiqh). As a comprehensive legal system, Islamic law incorporates human customs (urf) as a secondary source of law, provided they align with explicit textual evidence. Urf al-Nisā specifically addresses customs arising from women’s social, physiological, and behavioral conditions, influencing rulings on issues unique to them. The study defines urf linguistically and jurisprudentially, affirming its legitimacy (ḥujjiyyah) as an auxiliary source according to most jurists. It explores Urf al-Nisā through selected juristic examples, including determining the age of menstruation (ḥayḍ) and menopause (ya’s), establishing pregnancy duration, assessing mahr al-mithl (equitable bridal dowry), and estimating permissible periods of a husband’s absence based on women’s endurance. By analyzing these applications, the research highlights the adaptability of Islamic law to human needs and its consideration of women’s distinct circumstances. The study underscores the balance between textual fidelity and contextual flexibility in fiqh, offering insights into how Urf al-Nisā enhances the relevance of Islamic rulings for women, contributing to a deeper understanding of fiqh’s dynamic engagement with societal norms.