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1. Al- Urf (custom)

2. 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.”

3.  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

4. 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

5. 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.

6. 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).”

7. 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.

8. 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 meaning
Exm:
-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.

9. 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.

10. 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

11. 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.

12.  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.

13. The End