THE ROLE OF CUSTOM (‘URF) IN THE DETERMINATION OF VALUES
What is ‘Urf (Custom)
A valid ruling of custom frequently takes precedence over normal rules, or ruling of analogy(qiyas)
Represents the convenience of the people
Recurrent practices that are acceptable to people of sound nature
General custom (‘Urf, adah): A recognized source of law and judgement in Islamic jurisprudence
Many of the fiqh rules and ijtihad decisions were influenced by the prevailing practices of their time
Following it is frequently equivalent to removing hardship (one of the Shariah's stated goals)
Conditions of ‘Urf
Must not contravene a clear text or principle of the Shariah
Custom is rejected if it is in conflict with a clear injuction of the Shariah
Custom must be sound and reasonable
The Importance of Custom
Evaluation of what is approved or disapproved by people sound of nature
Determines the question (Ex: whether or not an object is regarded as valuable property/mal that carries market value)
There is in principle no Shari’ah objection to customary practices of this kind
Example: There is little doubt that prawn is not taken, for instance, by the hanafi Muslims of Pakistan
Some foods may be halal according to the law, but they may not be popular with the general public
Example: Honey bees & silk worms were once not considered valuable assets/mal, but were later determined to be mal due to people's use and acceptance of them
A fatwa was accordingly issued in its support