ʿUrf

ʿUrf

Etymology and Translations

• Etymology: Derived from the Arabic term عُرْف (ʿurf), which means “custom” or “knowledge,” indicating social norms and practices established over time.
• Translations:
  • Arabic: عُرْف (ʿUrf)
  • Turkish: Örf

Definition

ʿUrf, often referred to simply as “custom,” is a term used in Islamic jurisprudence to denote unwritten customary law. It differs from the codified and explicitly written Islamic law (Shariʿah). In various regions of the Islamic world, particularly within central Islamic lands and regions like Indonesia (where the term ‘adat’ is also used), ʿurf encompasses deeply rooted social practices and norms considered crucial for maintaining order, conducting social interactions, and guiding legal decisions.

Three Legal Categories

ʿUrf typically covers three distinct legal categories within Islamic societies:

1. Local Customs:

   • Represents the collective practices and norms observed by common people in their daily interactions and transactions. Examples include marketplace dealings, local marriage ceremonies, and other forms of social conventions.

2. Rulers and Representatives’ Decisions:

   • Refers to the legal judgments made by local rulers (sultans, emirs) and their appointed representatives, which are based on prevailing customs.

3. Local Court Practices:

   • Encompasses the legal procedures and norms upheld in regional courts, often influenced by local traditions and customs, as distinguished from general and universal Shariʿah principles.

Source of Law

Among various Islamic legal schools, ʿurf holds varying degrees of recognition:

• Maliki School: Considers ʿurf to be a significant source of law.
• Hanafi School: Figures like Ibn ʿAbidin also acknowledge the role of ʿurf in shaping legal opinions and decisions.

Comparative Terms

• Adat: Equivalent to ʿurf in contexts such as Indonesia and Malaysia, where it describes local customary practices integrated into the broader Islamic legal framework.

Bibliography for Further Studies

To delve deeper into the concept and implications of ʿurf within Islamic jurisprudence and its role in the societal context, consider the following resources:

• “Custom in Islamic Law and Legal Theory: The Development of the Concepts of ʿUrf and ʿAdah in the Islamic Legal Traditions” by Aharon Layish
• “An Introduction to Islamic Law” by Wael B. Hallaq
• “Islam and the Moral Economy: The Challenge of Capitalism” by Charles Tripp
• “Custom as a Source of Law” by Haim Gerber

Takeaways

1. Cultural Significance: ʿUrf emphasizes the inherent value and binding nature of local customs and social norms within the Islamic worldview.
2. Legal Pluralism: Demonstrates the diversity and adaptability of Islamic law to different cultural contexts and societal conditions.
3. Judicial Flexibility: Indicates an integrative approach where Islamic juridical systems accommodate longstanding human practices and cultural norms, reaffirming the pragmatic aspect of Islamic jurisprudence.

Conclusion

ʿUrf plays a central role in bridging the written canonical Islamic law and extensive local practices, providing societies with a flexible framework to address legal and social matters. By acknowledging and incorporating customary practices into legal paradigms, ʿurf reinforces the dynamic and adaptable quality of Islamic law.