Abstract :
Custom (urf) has been a source to Islamic law in various subjects and in different levels and ways beginning from the age of revelation (wahy) until the age of compilation (tadwin) and later. It has had a very central place in works on both usul and furu‘. As known, the main purpose of making legal judgment in Islamic law is to provide justice and make the problems with people to wither away. In this case, not considering the customs and the things that wise people’s advices in making legal judgment can become a burden or problem for people which is against the very spirit of Islamic law. Because, excluding customs from the society can create a problem for the community. For this reason, the customs which is not contradictory to any principle of Islamic law should be considered in legal judgment. This means that knowing the legal position and limits of customs is very crucial. Also, the ulama who is in the position of giving fatwa should understand the customs of the society that he lives in and serves. In light of this purpose, firstly subjects such as the definition, importance, value as a source, parts and conditions of validity of custom (urf) were presented in detail and later, based on Ibn Abidin’s Nashr al-‘Arf, the influence of local custom and the change in custom by time on lawmaking is examined.
NaturalLanguageKeyword :
Custom , Tradition , Text , Change , Islamic Law , Ibn Abidin , Nashr al , ‘Arf.
