Islamic Law - Urf

1. Nelfi Amiera Mizan
Multimedia University
Urf’

2. Introduction
Root word  ‘arafa = to know
Literal  urf / custom = that which is known
Technical 
 recurring practices which are acceptable to people of sound
nature
 exclusively refers to the common practice which has been
established as good by the testimony of reason and has becomes
acceptable to people’s nature
- Must be sound and reasonable
- Shafi’e : Urf is like what is proven by Shariah
- It is permissible to depart from urf if the custom were founded has been
changed in course of time
Nelfi Amiera Mizan
Multimedia University

3. Proof of urf
There are many proofs in Quran and Sunnah which clarifies that urf is a
source of Islamic law.
In Quran, firstly under 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. Therefore, urf shall be applied to avoid hardship.
Second, under 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 referred to urf as it is a common practice
which has been established as good by the testimony of reason and has becomes
acceptable to people’s nature.
Third, in the Hadith of PM- “What Muslim deems to be good is good in the
sight of God”. Thus, it may be concluded that urf, the common practices of
Muslim, is deem to be good as that is the reason it has been practiced.
Fourth, customs which were prevalent in Arab in the lifetime of PM and
which were not over-ruled by him are treated to have received his tacit approval
and considered as a part of Sunnah taqririyyah.
Fifth, contemporary scholars of Islamic law (ijma) have agreed that ‘urf is an
important source in Islamic law. They have not objected to the role of ‘urf in
solving the problems that arise in Islamic law. This is obvious in the past and
present literature of fiqh in which ‘urf has been utilized by the jurists to solve
many problems of fiqh
Lastly, urf also has been used as a law in some modern Islamic country. For
example in Malaysia, it has been a norm for Muslim to celebrate ‘Maulidul Rasul’
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Multimedia University

4. as an official ceremony. Even it is not stated in Quran or Sunnah, but the common
practice of Muslim people in Malaysia has make it as a good reason to remember
or pay tribute to PM. Besides, it is not contrary to any Shariah principle.
Nelfi Amiera Mizan
Multimedia University

5. Condition of Urf
In order for urf to be reasonable and applicable to the people of sound
nature, it must satisfy some condition to be authoritative in character.
Firstly, urf must represent a common and recurrent phenomenon. The
practice of a few individual or limited numbers of people within a large
community will not be authoritative. Urf can only be applicable if the custom is of
regular occurrence. For example, 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.
Second, urf must be dominant in the sense that it is observed in all or most
of the cases to which it can apply. If it is observe only in some cases, it is not
authoritative. If there is 2 practicing custom, the one which is dominant is to be
applied. For example, if in a country it accepts 2-3 currencies, the one which has
been dominantly use will be urf.
Third, urf must be in practice at the time of transaction. In commercial
transactions, effect is given only to customs, which are prevalent at the time the
transaction is concluded, and not to customs of subsequent origin. For example,
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.
Fourth, urf must not violate the text whether Quran or Sunah. The
opposition of urf towards the text may be either absolute or partial. For absolute
opposition, there is no doubt that custom must be set aside. For example, 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. For example, the contract of istisna’ or online shopping. In a hadith of
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Multimedia University

6. 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).”
Fifth, must not contravene the clear stipulation of an agreement. A custom
can only be applied if there is no contractual agreement made in a particular
transaction. The general rule is that contractual agreements prevail over custom
and recourse to custom is only valid in the absence of an agreement, since
contractual agreements are stronger than custom. For example, 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.
Nelfi Amiera Mizan
Multimedia University

7. Types of Urf
There are various types of urf that has been widely applicable and not
applicable towards the Muslim community.
First, is the urf Qawli (verbal) which consists of general agreement of the
people on the usage and meaning of words positioned for purposes other than
their literal meaning. In other words, by popular usage, a word is used to denote
meaning that is different from its literal meaning. The customary meaning to the
word becomes dominant over the literal meaning. For example 1, 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. For example 2, Lahm in the Quran it refers also to fish but
customarily it refers to meat other than fish.
Second, is the urf fi’li (practical) which consists of commonly recurrent
practices of the people in daily life and in civil transactions. This would normally
involve two contracting parties such as in sale or marriages contracts. For
example 1, in a give and take sale (bay’ al-ta’ati) it is normally concluded without
utterance of offer and acceptance. For example 2, 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.
Third, is the urf al-amm (general) which consists of the common custom
that is prevalent everywhere among all people in a matter regardless of the
passage of time. For example 1, in a give and take sale (bay’ al-ta’ati) it is normally
concluded without utterance of offer and acceptance. For example 2, Malaysians
enter homes leaving shoes outside their homes but Jordanians don’t.
Fourth, is the urf al-Khass (special) which is prevalent in a particular locality,
profession or trade. This type of urf is accepted by the people in a particular place
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8. and not in all places. For example, 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.
Fifth, is the urf sahih (valid) that is practiced by the people, which does not
contravene and does not deny the interest of people and it does not bring
corruption. For example , Daabah in Quran it refers to all creatures including
human being. Customarily it refers to four legged animals.
Lastly, the urf fasid (invalid) that is 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. For example, is 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.
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Multimedia University

9. Justification / Reasons / Roles of Urf
There are various justifications of urf in Islamic legislation.
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
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Multimedia University

10. 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.
Therefore, urf shall be applied to avoid hardship. For example, it is easier if in a
country which accepts 2-3 currencies, the one which has been dominantly use.
Nelfi Amiera Mizan
Multimedia University