Work

The Instrument of ‘Urf in the Reform of Islamic Legal Rulings: An Analytical Study on Contemporary Fiqh

Year: 2025

Type: article

Abstract: This article analyses the role of 'urf (custom) as a pivotal instrument in the reform of Islamic legal rulings, particularly within the framework of contemporary fiqh and the consolidation of the Fiqh Sabahi discourse.Grounded in the methodology of usul al-fiqh, the study develops a conceptual framework of 'urf encompassing its definitions, classifications, and criteria for admissibility as recognised by Islamic legal scholarship.The research further explores how 'urf contributes to the formation of manāt al-ḥukm (effective legal causes), influencing legal change in response to evolving societal realities and local contexts.The article also examines the intersection between 'urf and fiqh al-wāqiʿ (contextual jurisprudence), illustrating this through critical analyses of selected contemporary legal issues pertinent to Sabah's multicultural society.These include the usage of the term "astaga", halal food determination based on local taste (istitābah al-maḥalliyyah), Friday prayers with fewer than 40 congregants, the indigenous practice of sogit (customary compensation), the distribution of sacrificial meat to non-Muslims, and the management of non-Muslim deceased by Muslim relatives.The study finds that recognising valid 'urf ṣaḥīḥ in alignment with the objectives of Islamic law (maqāṣid al-sharīʿah) can enhance context-sensitive legal formulations that are both relevant and responsive to local needs.It advocates for a broader integration of 'urf-based ijtihād within fatwa institutions and Islamic legal systems, provided that such customs do not contradict definitive textual sources and serve the public interest (maslaḥah).In conclusion, 'urf is affirmed as a critical element in Islamic legal renewal, harmonising the authority of scriptural texts with the dynamic realities of contemporary society.

Source: International Journal of Academic Research in Business and Social Sciences

DOI: 10.6007/ijarbss/v15-i10/25828

Authors: Syamsul Azizul Marinsah, Mohd Nur Hidayat Hasbollah Hajimin, Zaifuddin Md Rasip, Amer Hudhaifah Hamzah, Nur Faizatul Zehan Saari

Institution: Universiti of Malaysia Sabah

Language: English

Topic: Qur’anic Interpretation Studies

Subfield: Education

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: diamond

OpenAlex ID: W4415312013