Definition and Types
Al-‘Urf al-Sahih (valid/legitimate custom): A custom that does not contradict the Quran, Sunnah, or a definitive ruling of the madhabs. This type of custom carries legal weight.
Al-‘Urf al-Fasid (corrupt/invalid custom): A custom that contradicts Islamic principles — alcohol at social gatherings, interest in contracts, immodesty. This type is rejected regardless of how widespread it is.
Al-‘Urf al-‘Amm (general/universal custom): Practices common across all or most Islamic societies — the binding force of contracts, the presumption of honesty in trade.
Al-‘Urf al-Khass (particular/local custom): Practices specific to a region, profession, or community — local wedding customs, trade terminology in a specific market. These apply within their domain but not beyond it.
The Five Great Legal Maxims
‘Urf is codified in the maxim “al-‘ada muhakkama” (custom is determinative). This is one of five foundational maxims of Islamic jurisprudence:
- “Al-umur bi-maqasidiha” — matters are judged by their intentions
- “Al-yaqin la yazul bil-shakk” — certainty is not removed by doubt
- “Al-mashaqqah tajlib al-taysir” — hardship brings ease
- “Al-darar yuzal” — harm must be removed
- “Al-‘ada muhakkama” — custom is determinative
The ‘urf maxim is primarily applied in contracts, social relations, and interpretations of ambiguous terms.
Practical Applications
1. Measurement and quantity terms: If a contract says “a load of wheat” without specifying how much, custom determines the amount.
2. Wedding customs: The specific forms of walima (wedding feast), the presentation of mahr, and the timing of the ceremony adapt to local custom within the permissible range.
3. Business practice: Standard trade practices in a market are incorporated into contracts by default even if not explicitly stated.
4. Dress code: The level of sitr (covering) beyond the minimum obligatory is determined by local modest convention.
‘Urf and the Bohra Community
Dawoodi Bohra customs in dress (rida’ and topi for men; rida for women), communal eating (thaal — sharing one large plate), and the specific forms of Ashara Mubarakah commemoration are forms of community ‘urf — recognized practices that shape how universal Islamic obligations are fulfilled within the Bohra cultural context.
See also: Fiqh Overview, Fiqh Madhabs, Ijtihad, Maqasid Al Shariah, Maslaha, Bohra History