Urf
Template:Short description Script error: No such module "other uses". Lua error in package.lua at line 80: module 'Module:Sidebar/configuration' not found.
Script error: No such module "lang". (Template:Langx) is an Arabic Islamic term referring to the custom, or 'knowledge', of a given society. It can also be translated as customary law.[1] To be recognized in an Islamic society, Script error: No such module "lang". must in principle be compatible with Sharia,[2] but in practice tensions sometimes exist between the representatives of Script error: No such module "lang". and those of Sharia.[3] When applied, it can lead to the deprecation or inoperability of a certain aspect of fiqh (Islamic jurisprudence).[2]
Script error: No such module "lang". is a source of Islamic legal rulings where there are no explicit primary texts of the Qur'an and Sunnah specifying the ruling, making it a form of customary law. Script error: No such module "lang". can also specify something generally established in the primary texts.
Overview
- Terminology
The term Script error: No such module "lang"., meaning "to know", refers to the customs and practices of a given society.
- History
Script error: No such module "lang". was first recognized by Abu Yusuf (d. 182/798), an early leader of the Ḥanafī school, though it was considered part of the Script error: No such module "lang"., i.e genuine and not a formal source. Later al-Sarakhsī (d. 483/1090) opposed it, holding that custom cannot prevail over a written text.[4]
- Scriptural basis
The idea 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.'" [5]
Relationship to Sharia
Although this was not formally included in Islamic law,[4] 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, Script error: No such module "lang". holds as much authority as Script error: No such module "lang". (consensus), and more than Script error: No such module "lang". (legal reasoning by analogy). Script error: No such module "lang". is the Islamic equivalent of "common law".[6]
In the application of Script error: No such module "lang"., 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 Script error: No such module "lang"., custom is given preference. Jurists also tend to, with caution, give precedence to custom over doctoral opinions of highly esteemed scholars.[6]
In some countries such as Egypt, marriage in the Script error: No such module "lang". way refers to a form of common law marriage that does not involve obtaining official papers issued by the state (Script error: No such module "Lang". Script error: No such module "lang".). The validity of that type of marriage is still under debate, and women may have fewer rights than under an officially-registered marriage.[7]
In parts of Yemen where Script error: No such module "lang". plays a significant role (related to the continuing influence of tribal lineages in the country), it often coexists with Sharia. However, Script error: No such module "lang". is promoted by the tribal sheikhs, whereas Sharia judges are either qāḍīs or sādah. Due to this different sociopolitical basis, the actual relationship between both legal phenomena varies from tribe to tribe. They can be seen as fully compatible or as two competing systems.[3] Historically, the Zaydi Imams of Yemen often entered in conflict with local jurisdictions. In some cases they struck an agreement to separate the two jurisdictions by applying Sharia to "personal status matters" and Script error: No such module "lang". to tribal matters.[8]
See also
References
Page Template:Reflist/styles.css has no content.
- ^ Page Module:Citation/CS1/styles.css has no content.Esposito, John L., ed. (2003). "Urf". The Oxford Dictionary of Islam. Oxford: Oxford University Press. Retrieved 19 November 2025.
- ^ a b H. Patrick Glenn, Legal Traditions of the World. Oxford University Press, 2007, pg. 201.
- ^ a b Page Module:Citation/CS1/styles.css has no content.Brandt, Marieke (2024). Tribes and Politics in Yemen: A History of the Houthi Conflict. London: Hurst. p. 20. ISBN 9781911723424.
- ^ a b "Urf", Encyclopaedia of Islam
- ^ Page Module:Citation/CS1/styles.css has no content.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 978-1-64205-346-3. Retrieved 2 March 2022.
- ^ a b Hasan (2004), p. 169-71
- ^ Egypt: Customary marriage refworld.org
- ^ Page Module:Citation/CS1/styles.css has no content.Al-Zwaini, Laila (September 2012). The Rule of Law in Yemen: Prospects and Challenges (PDF). The Hague: The Hague Institute for Innovation of Law. p. 54. Retrieved 19 November 2025.
Bibliography
- Page Module:Citation/CS1/styles.css has no content.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
