Custom and its impact on legal application in the Hanafi School
العرف واثره في التطبيق الفقهي وفق المذهب الحنفي - باسم حسين عيتاني
The secret of Islamic jurisprudence’s width and comprehensiveness is owing to the magnificence of its sources, their sanctity, and the diversity of original and dependent sources, to encompass all areas of life and to suit the differences of time and place. Among these sources that contributed in this regard is the source of custom and tradition, which scholars defined as “what is settled in the souls in terms of intellect, and is received by sound natures with acceptance”; it is supported with Allah’s Words: “Show forgiveness, enjoin al-‘Urf (what is good), and turn away from the ignorant.” (Q.S7:199), and also with the Hadith mawquf, on the authority of Ibn Mas’ud, may Allah be pleased with him, who said: “Whatever Muslims view as good is good to Allah, and whatever the Muslims view as evil is evil to Allah.”
Custom has great and strong power over individuals, societies and nations; it meets with minds and souls, and plays a great role in all aspects of dealings in life. Judgments result from it, judges and rulers resort to it, and arbitrators and reformers make use of it. Custom and tradition are constantly renewed, so they occupy a wide space in life, and therefore jurists developed the jurisprudential rule “There is no denial that rulings change with the change of times.”
We find the convergence of textual transmission in the Qur’an and Sunnah with the renewed and open human mind. The jurists, scholars, mujtahids, and judges grabbed hold of its rulings that are accepted by Shari’a in meeting the interests of the people, to add them to the stock available to them, resulting in extensive and rich jurisprudence.
- العرف واثره في التطبيق الفقهي وفق المذهب الحنفي
- باسم حسين عيتاني
- مؤسسة الرسالة
- None or a little bit (or only on the Matn)
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