CUSTOM (URF) AND LAW IN ISLAMIC HISTORY: NEGOTIATING LOCAL PRACTICE AND DIVINE NORMS

Abstract

This research examines the intricate relationship between custom (ʿurf) and Islamic law (Sharīʿah) throughout Islamic history, exploring how Muslim jurists have negotiated the tension between divine norms and local practices. The concept of ʿurf represents one of the most dynamic aspects of Islamic jurisprudence, serving as a bridge between the universal principles of Sharīʿah and the diverse cultural contexts of Muslim communities. This study investigates the historical development of ʿurf as a legal principle, its theoretical foundations in Islamic jurisprudence (uṣūl al-fiqh), and its practical applications across different madhāhib (legal schools) and geographical regions. Through a comprehensive analysis of classical and contemporary Islamic legal texts, this research demonstrates how ʿurf has functioned as a mechanism for legal flexibility and cultural adaptation while maintaining fidelity to core Islamic principles. The findings reveal that the incorporation of custom into Islamic law reflects a sophisticated legal methodology that balances permanence and change, universality and particularity, divine revelation and human reason. This research contributes to understanding how Islamic law has maintained its relevance across diverse cultures and historical periods through the judicious application of ʿurf, offering insights for contemporary discussions on Islamic legal reform and cultural authenticity.