() is an Arabic Islamic term referring to the custom, or 'knowledge', of a given society. It can also be translated as customary law. To be recognized in an Islamic society, must in principle be compatible with Sharia, but in practice tensions sometimes exist between the representatives of and those of Sharia. When applied, it can lead to the deprecation or inoperability of a certain aspect of fiqh (Islamic jurisprudence).

Relationship to Sharia

Although this was not formally included in Islamic law, 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, holds as much authority as (consensus), and more than (legal reasoning by analogy). is the Islamic equivalent of "common law".

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 also tend to, with caution, give precedence to custom over doctoral opinions of highly esteemed scholars.

In parts of Yemen where plays a significant role (related to the continuing influence of tribal lineages in the country), it often coexists with Sharia. However, 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.

See also

  • Ma'ruf
  • Adat
  • Sources of Islamic law
  • List of Islamic terms in Arabic

References

Bibliography

  • 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