Last edition we began the discussion on AI- urf and we said that al-urf can be classified into different types. One of these is the classification of AI- urf into faasid and saheeh. The urf faasid is the one that contradicts d sharia text either that of the Quran or the Sunnah. Hence we say the scholars of Usool do not deal except with the urf saheeh. However, the urf saheeh is not an independent source of evidence in the Shareeah.
Rather it is one of the bases of deduction of rulings which should be given consideration when passing a religious ruling. And this is what the scholars refer to when they say Al-aadah muhakkamah" (Le. the custom is given consideration when passing a religious ruling). Conditions of AI-urf Almost all the scholars agree on the consideration of urf in the passing of Islamic rulings. Some, however, restrict it to mu aamalaat (mutual dealings).
One: It must not contradict a shari text. For instance, it is customary in some societies to consume intoxicants, and for the females to be indecently dressed not putting on thick and freely flowing garments. It is also the custom of most societies today to regard the male who keeps beards and puts on garment which does not go down below the ankles as a mutashaddid (an extremist). In such situations these customs are not respected for they have already contradicted the laws of the Almighty Allaah, the Creator of the Universe. Hence the custom that would be respected must not contradict the existing texts of the Shariah.
Two: The custom which is respected is the one that is generally or mostly operational. For instance, if a man takes his cloth to a tailor to sow it. Who is to provide the sewing materials such as thread, niddle etc? Here we go back to what operates in that society. If it is the tailor that provides such materials, then it is not permissible for him to demand those things from the customer. But if not, he may ask for it. And that is why the scholars of Usool would say: Al-marufur(an kal mashroot shartan" (i.e what is generally practiced by the people is like what has been stipulated) And the basis in conditions stipulated by both parties in a transaction is permissibility as long as it does not contradict a text of the Shariah.
It should also be noted that customs vary from one society to another. What is operational in Saudi Arabia may differ from what is operational in another part of the Islamic world. For instance, women are not allowed to drive cars in the cities in Saudi Arabia. This, however; does not mean that women in other parts of the Muslim world should not drive cars as there are no evidences prohibiting that coupled with the fact that women were allowed to ride on camels during the life time of the Prophet (sallallahu alayhi wasallam).
Similarly women in Saudi Arabia seldom put on white garment. This however does not mean women in other parts of the Muslim world can not put on white clothes. Another example is that the Arabs put on turban. This however does not mean that other Muslims must also put on turban like the Arabs. To be continued next edition.
This article was culled from the publications of Deen Communication Limited