Al- Urf (custom)

The Definition of Al-Urf

Root word ‘arafa- to know Literally - something which is known Technical - recurring practices which are acceptable to people - the collective practice of large number of people which has established as good by the testimony of reason and has become acceptance in human’s nature According to Imām Rāghib al-Isfahānī: “Urf refers to knowing something

because of its effect, and it is more general in scope than knowledge.”

Another term synonym with Al-Urf is ‘Adah

‘Adah means repetition or recurrent practices of individuals and a group of individuals. ‘Adah is refer to the habits of the individuals

Most jurist prefer the meaning of Al-Urf and ‘Adah to be the same

The Proof of Al-Urf

Surah al- haj(22:78)- “…He has chosen you and has not placed upon you in the religion any difficulty….” even it does not make a direct reference toward the application of al urf, however , by ignoring al-urf(which one that does not contrary to shariah) it is likely to cause hardship toward people which it shall be avoided.

Surah al-araf(7:199)- “Take what is given freely, enjoin what is good(urf) and turn away from the ignorant”. Something that is good stated in this verse has meant to be refered to urf as it is a common practisenwhich has been established as good.

Hadith of Prophet Muhammad- “What muslim deems to be good is good in the sight of Allah”. Thus, it may concluded that urf, the common practices of muslim, is deem to be good as that is the reason it has been practiced

Condition of Al-Urf

1. Urf must represent a common and recurrent phenomenon.

Exm:in online shopping, when the seller does not display the price of the item, it means that the price of the item is subject to negotiation. Therefore, it has been a common practice via online shopping that the buyer must request for the price in a private conversation.

2. Urf must be dominant in the sense that it is observed in all or most of the cases to which it can apply.

Exm:if in a country it accepts 2-3 currencies, the one which has been dominantly use will be urf.

3. Urf must be in practice at the time of transaction.

exm:in Malaysia, upon selling an item, the price of the item is payable by the present currency (RM) known by both parties even if it not mentioned. Previous used currency (Duit Pokok Pisang) must not be valid

4. Urf must not violate the text whether Quran or Sunah.

exm: -the practice of riba’ in transaction, although it is widely practiced, it has no legal validity. However, for partial opposition, urf may be practice in limited application-the contract of istisna’ or online shopping. In a hadith of PM – “PM prohibited the sale of non-existing object but allows salam (an advance sale in which price is determined but delivery of item is postponed).”

5. Urf must not contravene the clear stipulation of an agreement.

exm:the dowry which is divided into 2 parts, one of which is paid at the time of the marriage and the other of which is delayed until late. If a case arises in which it has been stipulated the dowry must be paid at once, thus the custom of such dividing dowry cannot be applicable.

Type of Urf

Urf Qawli(verbal)consists of general agreement of the people on the usage and meaning of words positioned for purposes other than their literal meaningExm:-word solat carries a literal meaning of Du’a which means prayer or request. However, in the Quran it is to describe the obligatory ritual prayers of the Muslims. This second usage eventually became dominant on as far as the literal meaning of this word is reduced to obscurity-Lahm in the Quran it refers also to fish but customarily it refers to meat other than fish.

Urf Fi’ili(practical)consists of commonly recurrent practices of the people in daily life and in civil transactions.Exm: -in a give and take sale (bay’ al-ta’ati) it is normally concluded without utterance of offer and acceptance.-in practice of people in certain places, they take on the New Year day. Therefore, taking vacations on this day is considered as urf for a certain group of people and can be used by such a group every year.

urf al-amm (general) consists of the common custom

that is prevalent everywhere among all people in a matter regardless of the passage of time.

Exm:-in a give and take sale (bay’ al-ta’ati) it is normally concluded without utterance of offer and acceptance.-Malaysians enter homes leaving shoes outside their homes but Jordanians don’t.

urf al-Khass (special) prevalent in a particular locality,

profession or trade.

Exm:-the practices among the traders in wholesale trading which allow the payment of goods to be delayed to certain period of time, which is not practiced in retail transactions.

urf sahih (valid) practiced by the people, which

does not contravene and does not deny the interest of people and it does not bring corruption.

Exm: -Daabah in Quran it refers to all creatures including human being. Customarily it refers to four legged animals

urf fasid (invalid) practiced by the people but there is

evidence to show that is against the principles of Shariah or it denies the interest of people or it brings corruption.

Exm: -the practice of usury in transactions (paying interest to the customer). Although it is common among many people, it clearly contradicts the clear text of the Qur’an and Sunnah. Therefore, such transactions are invalid and must be avoided

Roles of Al-Urf

First, urf is important as a valid criterion for purposes of interpreting unclear text of either Quran or Sunnah. For example, Quran did not justify the amount of maintenance that the husband must provide for his wife. According to surah Talaq (65:7) - “Let those who possess means pay according to their means”, this verse didn’t clearly specify the exact amount of maintenance, which is then determined through ‘urf. Moreover, the maintenance to children by the father is also determined by ‘urf according to surah Al Baqarah (2:233) - “…the father of the child shall bear the cost of the mother's food and clothing on a reasonable basis. No person shall have a burden laid on him greater than he can bear…”.

Second, urf is used in determination of Shariah legal rulings. The rule which is based on juristic opinion has often been formulated in the light of the prevailing custom; therefore it is permissible to depart from them if the custom on which they were founded changes in course of time. For example, the contract of istisna’ or online shopping. In a hadith of PM – “PM prohibited the sale of non-existing object but allows salam (an advance sale in which prive is determined but delivery of itam is postponed).” Thus, in current time, online shopping is permissible.

Third, urf is accepted during Prophet’s life time since the urf of Arabs is not overruled by PM. However, it has received tacit approval (Sunnah Taqriri) from PM. Islam accepted to amend and regulate some of the Arab customary laws to bring them in line with the principles of the Shariah. For example, the requirement of equality (kafa’ah) in marriage has their roots in the pre-Islamic customs of the Arabs. It is recommended for Muslim to choose of spouse base on 4 requirements which are the religion, linage, property and beauty. However, the most important characteristic is the religion.

Lastly, application of urf is to avoid hardship towards the people. According to Surah al Haj (22:78) - “…He has chosen you and has not placed upon you difficulty in the religion”, even it does not make a direct reference towards the application of urf, however, by ignoring urf (which one that does not contrary to Shariah) it is likely to cause hardship towards people which it shall be avoided.

The End