‘Urf / ‘Adah (Custom) : An Ancillary Mechanism in Shari‘ah

Abstract

According to the legal maxim in Islamic legislative system, custom (‘Urf / ‘Adah) is said to be authoritative (al-‘adah Muhakkamah). Thus, right from the inception of Islam, it has been playing a decisive role in the dispensation of Shari‘ah. Indeed, medieval and modern works in Islamic jurisprudence (’Usul al-Fiqh) are replete of many judgments (Qada’) and rulings (ahkam) that were based on the custom of the people. The present study aims to x-ray the extent to which ‘Urf / ‘Adah has been an indispensable mechanism in Islamic Ordinance. This is premised on the fact that Islam sanctioned some customs that are considered non-inimical to its tenets. The study has found that curf / ‘Adah regulates the precise implication of terms that are commonly used in a given locality or society. It is argued through the paper that a quite number of Qur’anic verses (ayat) are assimilated with the aid of customary interpretation of a given locality. The descriptive study established that ‘Urf / ‘Adah is not only a manifestation of the flexibility of Shari‘ah but that its incessant relevance would always come to play via internal dynamism as well as regular synthesis between its norms and the changing social realities. The research unmasked the fact that an Islamic Juri-Consult (Mufti) would continue to be acknowledged when he acquaints himself with the prevailing customs in his environment. The paper highlighted some conditions which makes ‘Urf / ‘Adah acceptable in Islamic Ordinances and concluded by observing that even though Urf / ‘Adah occupies a crucial place in Shari‘ah yet, the degree of acceptability varies among the Sunni Schools of Thought.

Key words: ‛Urf / ‛Adah, Sources of Sharicah, ’Usul al-Fiqh, ahkam