( ar, العرف) is an

Arabic Arabic (, ' ; , ' or ) is a Semitic languages, Semitic language spoken primarily across the Arab world.Semitic languages: an international handbook / edited by Stefan Weninger; in collaboration with Geoffrey Khan, Michael P. Streck, Janet C ...

Islam Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...

ic term referring to the custom, or 'knowledge', of a given society. To be recognized in an Islamic society, must be compatible with the

Sharia law Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the Five Pillars of Islam, religious precepts of Islam and is based on the Islamic holy books, sacred scriptures o ...

.H. Patrick Glenn, ''Legal Traditions of the World''.

Oxford University Press Oxford University Press (OUP) is the university press of the University of Oxford. It is the largest university press in the world, and its printing history dates back to the 1480s. Having been officially granted the legal right to print books ...

, 2007, pg. 201. When applied, it can lead to the deprecation or inoperability of a certain aspect of (Islamic

jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...

). is a source of Islamic legal rulings where there are not explicit primary texts of the

Qur'an and Sunnah The Hadith al-Thaqalayn () refers to a hadith () attributed to the Islamic prophet Muhammad that introduces the Quran and his progeny as the only sources of divine guidance after his death. Widely reported by both Shia and Sunni authorities, th ...

specifying the ruling. can also specify something generally established in the primary texts.

Overview

;Terminology The term , meaning "to know", refers to the customs and practices of a given society. ;History was first recognized by Abū Yūsuf (d. 182/798), an early leader of the Ḥanafī

school A school is an educational institution designed to provide learning spaces and learning environments for the teaching of students under the direction of teachers. Most countries have systems of formal education, which is sometimes compuls ...

, though it was considered part of the , and not as formal source. Later al-Sarak̲h̲sī (d. 483/1090) opposed it, holding that custom cannot prevail over a written text. ;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 onsideredgood by God, and whatever the Muslim saw as evil is evil according to God.'"

Sharia

Although this was not formally included in Islamic law,"Urf", ''Encyclopaedia of Islam'' the Sharia recognizes customs that prevailed at the time of

Muhammad Muhammad ( ar, مُحَمَّد; 570 – 8 June 632 Common Era, CE) was an Arab religious, social, and political leader and the founder of Islam. According to Muhammad in Islam, Islamic doctrine, he was a prophet Divine inspiration, di ...

but were not abrogated by the

Qur'an The Quran (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , sing. ...

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 God in Islam ( ar, ٱللَّٰه, Allāh, contraction of '' al- ’Ilāh'', lit. "the God") is seen as the eternal creator and sustainer of the universe, who will eventually resurrect all humans. In Islam, God is conceived as a perfec ...

). According to some sources, holds as much authority as (consensus), and more than (legal reasoning by analogy). is the Islamic equivalent of "

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

".Hasan (2004), p. 169-71 In the application of , 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 , custom is given preference.

Jurists A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the U ...

also tend to, with caution, give precedence to custom over doctoral opinions of highly esteemed scholars. ;Example In some countries such as

Egypt Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Mediter ...

, marriage, the way, refers to a form of

common law marriage Common-law marriage, also known as non-ceremonial marriage, marriage, informal marriage, or marriage by habit and repute, is a legal framework where a couple may be considered married without having formally registered their relation as a civil ...

that does not involve obtaining official papers issued by the state ( ). The validity of this type of marriage is still under debate.Egypt: Customary marriage
refworld.org

References

Bibliography

* *Libson, G.; Stewart, F.H. "ʿUrf."

Encyclopaedia of Islam The ''Encyclopaedia of Islam'' (''EI'') is an encyclopaedia of the academic discipline of Islamic studies published by Brill. It is considered to be the standard reference work in the field of Islamic studies. The first edition was published in ...

. Edited by: P. Bearman, Th. Bianquis, C.E. Bosworth, E. van Donzel and W.P. Heinrichs. Brill, 2008.

Brill Online Brill Academic Publishers (known as E. J. Brill, Koninklijke Brill, Brill ()) is a Dutch international academic publisher founded in 1683 in Leiden, Netherlands. With offices in Leiden, Boston, Paderborn and Singapore, Brill today publishes 27 ...

. 10 April 2008 Arabic words and phrases in Sharia Islamic terminology Marriage in Islam Common-law marriage Islamic jurisprudence {{islam-theology-stub

Overview

Sharia

See also

References

Bibliography