ʿUrf (Arabic: العرف) is an ArabicIslamic term referring to the custom, or 'knowledge', of a given society. To be recognized in an Islamic society, ʿurf must be compatible with Sharia.[1] When applied, it can lead to the deprecation or inoperability of a certain aspect of fiqh (Islamic jurisprudence).[1]
ʿUrf is a source of Islamic legal rulings where there are not explicit primary texts of the Qur'an and Sunnah specifying the ruling. ʿUrf can also specify something generally established in the primary texts.
The term 'ʿurf', meaning "to know", refers to the customs and practices of a given society.
History
ʿUrf was first recognized by Abū Yūsuf (d. 182/798), an early leader of the Ḥanafīschool, though it was considered part of the sunnah, and not as formal source. Later al-Sarak̲h̲sī (d. 483/1090) opposed it, holding that custom cannot prevail over a written text.[2]
Scriptural basis
The "maxim" that custom is an authoritative source for Islamic law "appears in the Quran and Hadith". One hadith narrated by Ibn Mas'ud stated 'Whatever the Muslim saw as good is [considered] good by God, and whatever the Muslim saw as evil is evil according to God.'" [3]
Shariaedit
Although this was not formally included in Islamic law,[2] the Sharia recognizes customs that prevailed at the time of Muhammad but were not abrogated by the Qur'an or the Sunnah (called "Divine silence"). Practices later innovated are also justified, since Islamic tradition says what the people, in general, consider good is also considered as such by Allah (see God in Islam). According to some sources, ʿurf holds as much authority as 'ijma (consensus), and more than qiyas (legal reasoning by analogy). ʿUrf is the Islamic equivalent of "common law".[4]
In the application of ʿurf, custom that is accepted into law should be commonly prevalent in the region, not merely in an isolated locality. If it is in absolute opposition to Islamic texts, custom is disregarded. However, if it is in opposition to qiyas, custom is given preference. Jurists also tend to, with caution, give precedence to custom over doctoral opinions of highly esteemed scholars.[4]
In some countries such as Egypt, marriage, the ʿurfi way, refers to a form of common law marriage that does not involve obtaining official papers issued by the state (زواج عرفيZawāg ʿUrfi). The validity of that type of marriage is still under debate, and women may have fewer rights than under an officially-registered marriage.[5]
^Kamal Abu-Shamsieh (2020). "The Application of Maqasid al-Shariah in Islamic Chaplaincy". In David R. Vishanoff (ed.). Islamic Law and Ethics. IIIT. p. 92. ISBN9781642053463. Retrieved 2 March 2022.
Hasan, Abrar (2004). Principles of modern Islamic jurisprudence. Karachi: Pakistan Academy of Jurists.
Libson, G.; Stewart, F.H. "ʿUrf." Encyclopaedia of Islam. Edited by: P. Bearman, Th. Bianquis, C.E. Bosworth, E. van Donzel and W.P. Heinrichs. Brill, 2008. Brill Online. 10 April 2008
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other, uses, disambiguation, arabic, العرف, arabic, islamic, term, referring, custom, knowledge, given, society, recognized, islamic, society, ʿurf, must, compatible, with, sharia, when, applied, lead, deprecation, inoperability, certain, aspect, fiqh, islamic. For other uses see URF disambiguation ʿUrf Arabic العرف is an Arabic Islamic term referring to the custom or knowledge of a given society To be recognized in an Islamic society ʿurf must be compatible with Sharia 1 When applied it can lead to the deprecation or inoperability of a certain aspect of fiqh Islamic jurisprudence 1 ʿUrf is a source of Islamic legal rulings where there are not explicit primary texts of the Qur an and Sunnah specifying the ruling ʿUrf can also specify something generally established in the primary texts Contents 1 Overview 2 Sharia 3 See also 4 References 5 BibliographyOverview editTerminologyThe term ʿurf meaning to know refers to the customs and practices of a given society HistoryʿUrf was first recognized by Abu Yusuf d 182 798 an early leader of the Ḥanafi school though it was considered part of the sunnah and not as formal source Later al Sarak h si d 483 1090 opposed it holding that custom cannot prevail over a written text 2 Scriptural basisThe maxim that custom is an authoritative source for Islamic law appears in the Quran and Hadith One hadith narrated by Ibn Mas ud stated Whatever the Muslim saw as good is considered good by God and whatever the Muslim saw as evil is evil according to God 3 Sharia editAlthough this was not formally included in Islamic law 2 the Sharia recognizes customs that prevailed at the time of Muhammad but were not abrogated by the Qur an or the Sunnah called Divine silence Practices later innovated are also justified since Islamic tradition says what the people in general consider good is also considered as such by Allah see God in Islam According to some sources ʿurf holds as much authority as ijma consensus and more than qiyas legal reasoning by analogy ʿUrf is the Islamic equivalent of common law 4 In the application of ʿurf custom that is accepted into law should be commonly prevalent in the region not merely in an isolated locality If it is in absolute opposition to Islamic texts custom is disregarded However if it is in opposition to qiyas custom is given preference Jurists also tend to with caution give precedence to custom over doctoral opinions of highly esteemed scholars 4 In some countries such as Egypt marriage the ʿurfi way refers to a form of common law marriage that does not involve obtaining official papers issued by the state زواج عرفي Zawag ʿUrfi The validity of that type of marriage is still under debate and women may have fewer rights than under an officially registered marriage 5 See also editMa ruf Adat Sources of Islamic law List of Islamic terms in ArabicReferences edit a b H Patrick Glenn Legal Traditions of the World Oxford University Press 2007 pg 201 a b Urf Encyclopaedia of Islam Kamal Abu Shamsieh 2020 The Application of Maqasid al Shariah in Islamic Chaplaincy In David R Vishanoff ed Islamic Law and Ethics IIIT p 92 ISBN 9781642053463 Retrieved 2 March 2022 a b Hasan 2004 p 169 71 Egypt Customary marriage refworld orgBibliography editHasan Abrar 2004 Principles of modern Islamic jurisprudence Karachi Pakistan Academy of Jurists Libson G Stewart F H ʿUrf Encyclopaedia of Islam Edited by P Bearman Th Bianquis C E Bosworth E van Donzel and W P Heinrichs Brill 2008 Brill Online 10 April 2008 nbsp This article about Islamic studies is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Urf amp oldid 1183866177, wikipedia, wiki, book, books, library,
