Application of 'Urf in Islamic Law

Abstract

'Urf or Customary law is one of the most important supporting sources in Islamic law. This can be seen through many legal rulings (ahkam) in Islamic law, which was based on 'urf in which most of these ahkam will change according to the change of circumstances, place and time. As for basis of 'urf or custom, it is the product of the nature of the people and their culture, it grows in strength and popularity by means of imitation that transfers and implants it in the lives of people. Normally these 'urf or customs will be inherited by generations until the come of other customs that can overrule the earlier ones. Therefore, this study proposed and explained the 'urf and its application in Islamic law, particularly under the differences among 'urf, 'adah, and ijma' (consensus of jurists). Moreover, the classifications of 'urf were well analysis in the concept of Shari'ah. The proof of 'urf was explained critically while the legal maxims under 'urf and rules that govern the applicability of 'urf under Islamic law were also discussed and it ended with well conclusion.

Keywords: Islamic Law