The Qur’anic Chronology of Creation
Urf, or customary practice, represents an essential secondary source of Islamic law that allows jurists to contextualize and apply Shariah in accordance with societal norms. This paper explores the concept of Urf, its scriptural basis in the Qur’an and Sunnah, its use in Islamic jurisprudence, and the conditions under which it is validated. Emphasis is placed on practical examples, such as Bayʿ al-Salām, to demonstrate the integration of customary practice with legal principles.
Islamic jurisprudence (Fiqh) derives its primary legal authority from the Qur’an and Sunnah. However, the dynamic nature of human society necessitates recognition of customs that are widely accepted and practiced. ʿUrf (عرف) refers to such customary practices, defined as the prevalent habits or norms of a society that are familiar and recognized by its members. Classical jurists have recognized ʿUrf as a source of law in areas where explicit textual guidance is absent, provided it does not contradict the Shariah.
Linguistically, ʿUrf stems from the Arabic root ʿ-r-f, meaning “to know” or “to recognize.” Technically in Fiqh, ʿUrf refers to customary practices that carry social recognition and can influence legal rulings. Imam Al-Qarafi defines it as:
“That which is prevalent among people and is known as custom.”
ʿUrf serves as a mechanism for jurists to adapt Islamic law to social realities without contravening divine injunctions, ensuring Shariah remains relevant across cultures and time periods.
Several Qur’anic verses indicate the recognition of customary practices in social life:
“Mothers may breastfeed their children two complete years for whoever wishes to complete the nursing. Upon the father is their provision and clothing according to what is acceptable (maʿrūf).”
“Divorce is twice. Then either retain [the wife] in a customary manner (maʿrūf) or release her with kindness.”
“Allah commands you to render trusts to whom they are due and when you judge between people to judge with justice. Excellent is that which Allah instructs you. Indeed, Allah is ever Hearing and Seeing.”
Surah An-Nisa 4:19 – Living in accordance with customs:
“And live with them in a good and proper manner according to the custom.”
The Prophet Muhammad (peace be upon him) allowed Bayʿ al-Salām (forward sale) in Madinah, and his allowance was based on customary practice and necessity, with specific conditions to ensure fairness and avoid exploitation. This is an important example of how ʿUrf and social practices influence Islamic contracts. Let’s go through it carefully.
قَدِمَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ الْمَدِينَةَ وَالنَّاسُ يُسْلِفُونَ فِي الثَّمَرِ الْعَامَ وَالْعَامَيْنِ، أَوْ قَالَ: عَامَيْنِ أَوْ ثَلَاثَةً، شَكَّ إِسْمَاعِيلُ، فَقَالَ:” مَنْ سَلَّفَ فِي تَمْرٍ، فَلْيُسْلِفْ فِي كَيْلٍ مَعْلُومٍ وَوَزْنٍ مَعْلُومٍ”.
“The Messenger of Allah (peace be upon him) arrived in Madinah while people were giving advance payment (credit sales) for dates for the coming year or two, or he said: for two or three years. Isma’il (the narrator) expressed doubt and said: ‘Whoever gives an advance for dates should do so for a specified measure and a known weight.’”
(Sahih al-Bukhari: H#2239, Sahih Muslim: H#4119)
Imam Ali ibn Sulayman al-Mardawi al-Hanbali said:
أَن الْعَادة محكمَة، أَي: مَعْمُول بهَا شرعا
“That custom is authoritative, meaning: it is recognized and applied legally in Shariah.”
(Al-Tahbeer: vol.8, p. 3851)
He said further:
Allah Almighty says: “Take forgiveness and enjoin what is right (al-ʿurf)” [Al-A‘raf 7:199].
Ibn al-Sam‘ani said: “What is meant is that which people know and recognize among themselves.”
Ibn ʿAtiyya said: “Its meaning is: everything that the people naturally recognize and which is not rejected by the Shariah.”
Ibn Zafar in Al-Yanbu‘ said: “ʿUrf is that which the intelligent recognize as good and which the Shariah has approved.”
He goes further:
“And everything in which the word al-maʿrūf is repeatedly mentioned in the Qur’an, such as: ‘And live with them in a good and proper manner in accordance with custom’ [An-Nisa 4:19], refers to what people mutually recognize as proper behavior.
Among these is also Allah’s statement: ‘O you who have believed, let those whom your right hands possess ask your permission…’ [An-Nur 24:58]. The command to seek permission at the times when it was customary to relieve oneself and remove garments shows that the legal ruling was based on what people were accustomed to.”
Al-Mardawi continues:
The translation of the passage is:
“Among them is the saying of the Prophet (peace be upon him):
‘Whoever does an action that is not commanded by us, it is rejected.’ Reported by Muslim with this wording. This indicates that what Muslims commonly practice is taken into consideration, either from the perspective of Shariah or from the perspective of established custom, as reflected in his statement: ‘not commanded by us.’
Among them is also the hadith:
‘The measure (mikyāl) is according to the people of Madinah, and the weight (wazn) is according to the people of Makkah,’ reported by Abu Dawood and An-Nasa’i, and its chain of narration is authentic.
This is because the people of Madinah, being an agricultural society, had their customary measures recognized in determining volume (mikyāl), while the people of Makkah, being traders, had their customary weights recognized. The meaning is that such customs are taken into account for matters regulated by Shariah, such as the calculation of zakat, the measure of blood-money (diyah), zakat al-fitr, expiations (kaffarat), forward sales (salam), riba (usury), and other similar matters.”
This passage illustrates how custom (ʿUrf) is integrated into legal rulings, especially in quantifiable matters, when it aligns with Shariah principles.
Imam Al-Mardawi concludes:
The translation of the passage is:
“Every action has a regulator upon which its legal ruling is based, and some actions have no regulator in Shariah or in language—for example: reviving dead land, protective measures against theft, eating from a friend’s house, and acts such as receiving, depositing, giving, gifting, or taking by force, as well as proper conduct in cohabitation, and the usufruct of a leased property.
Among these also is resorting to custom (ʿUrf) in specifying an object, an act, or a measure, which the wording of a text relies upon. Examples include expressions in oaths, endowments (awqaf), wills, reports, delegations, the specification of dinars, dirhams, sa‘, madd, wusq, qillah, or awqiyah, and the general mention of money, following the prevalent understanding. Similarly, the validity of transactions is based on what people commonly recognize as a sale. This is a frequent principle that cannot be fully enumerated.”
This passage emphasizes that custom (ʿUrf) and common understanding serve as implicit regulators in Shariah for actions and measures, especially where explicit textual definitions are absent.
For ʿUrf to be considered valid in Islamic law, it must meet certain conditions:
In short:
In Sunni Islamic jurisprudence, all four major schools—Hanafi, Maliki, Shafi‘i, and Hanbali—recognize ʿUrf (custom) as a valid source of law, particularly in cases where there is no explicit textual injunction in the Qur’an or Sunnah.
In short:
All four Sunni schools agree to consider ʿUrf as a secondary source of law when explicit textual guidance is absent, emphasizing customary practice as a legitimate basis for rulings within the framework of Shariah.
This exemplifies how ʿUrf validates socially necessary practices while aligning them with Shariah principles.
ʿUrf serves as a critical tool in Islamic jurisprudence, bridging the gap between divine law and societal practice. Its scriptural basis in the Qur’an and Sunnah, coupled with conditions for its validity, ensures that customs can inform legal rulings without violating Islamic principles. Cases like Bayʿ al-Salām in Madinah illustrate how the Prophet Muhammad (PBUH) integrated local practice into the legal framework, emphasizing the balance between social needs and divine guidance.