View source for Urf

{{Short description|Arabic Islamic term meaning societal custom or knowledge}}
{{other uses|URF (disambiguation)}}
{{italic title|reason=[[:Category:Arabic words and phrases]]}}
{{Usul al-Fiqh}}
'''{{transl|ar|ʿUrf}}''' ({{langx|ar|العرف}}) is an [[Arabic]] [[Islam]]ic term referring to the custom, or 'knowledge', of a given society. To be recognized in an Islamic society, {{transl|ar|ʿurf}} must be compatible with [[Sharia]].<ref name="H. Patrick Glenn 2007, pg. 201">H. Patrick Glenn, ''Legal Traditions of the World''. [[Oxford University Press]], 2007, pg. 201.</ref> When applied, it can lead to the deprecation or inoperability of a certain aspect of [[fiqh]] (Islamic [[jurisprudence]]).<ref name="H. Patrick Glenn 2007, pg. 201" />
{{transl|ar|ʿUrf}} is a source of Islamic legal rulings where there are not explicit primary texts of the [[Qur'an and Sunnah]] specifying the ruling. {{transl|ar|ʿUrf}} can also specify something generally established in the primary texts.
==Overview==
;Terminology
The term {{transl|ar|'ʿurf'}}, meaning "to know", refers to the customs and practices of a given society.
;History
{{transl|ar|ʿUrf}} was first recognized by Abū Yūsuf (d. 182/798), an early leader of the [[Hanafi|Ḥanafī]] [[madhhab|school]], though it was considered part of the {{transl|ar|sunnah}}, and not as formal source. Later [[Sarakhsi|al-Sarak̲h̲sī]] (d. 483/1090) opposed it, holding that custom cannot prevail over a written text.<ref name="UrfEI" />
;Scriptural basis
The "maxim" that custom is an authoritative source for Islamic law "appears in the Quran and Hadith". One hadith narrated by Ibn Mas'ud stated 'Whatever the Muslim saw as good is [considered] good by God, and whatever the Muslim saw as evil is evil according to God.'" <ref name="IL&E-92">{{cite book | title=Islamic Law and Ethics |chapter=The Application of Maqasid al-Shariah in Islamic Chaplaincy |page=92 |editor=David R. Vishanoff |url=https://books.google.com/books?id=YjT-DwAAQBAJ&q=ethical+codes+unique+to+islam |author=Kamal Abu-Shamsieh |date=2020 |publisher=IIIT |isbn=978-1-64205-346-3 |access-date=2 March 2022}}</ref>
==Sharia==
Although this was not formally included in Islamic law,<ref name="UrfEI">"Urf", ''Encyclopaedia of Islam''</ref> the Sharia recognizes customs that prevailed at the time of [[Muhammad]] but were not abrogated by the [[Qur'an]] or the [[Sunnah]] (called "Divine silence" ***sunnah is not "divine silence"). Practices later innovated are also justified, since Islamic tradition says what the people, in general, consider good is also considered as such by [[Allah]] (see [[God in Islam]]). According to some sources, {{transl|ar|ʿurf}} holds as much authority as {{transl|ar|[['ijma]]}} (consensus), and more than {{transl|ar|[[qiyas]]}} (legal reasoning by analogy). {{transl|ar|ʿUrf}} is the Islamic equivalent of "[[common law]]".<ref name="Urf">Hasan (2004), p. 169-71</ref>
In the application of {{transl|ar|ʿurf}}, custom that is accepted into law should be commonly prevalent in the region, not merely in an isolated locality. If it is in absolute opposition to Islamic texts, custom is disregarded. However, if it is in opposition to {{transl|ar|qiyas}}, custom is given preference. [[Faqīh|Jurists]] also tend to, with caution, give precedence to custom over doctoral opinions of highly esteemed scholars.<ref name="Urf" />
In some countries such as [[Egypt]], marriage, the {{transl|ar|ʿurfi}} way, refers to a form of [[common law marriage]] that does not involve obtaining official papers issued by the state ({{lang|ar|زواج عرفي}} {{transl|ar|Zawāj ʿUrfi}}). The validity of that type of marriage is still under debate, and women may have fewer rights than under an officially-registered marriage.<ref>[http://www.refworld.org/docid/3ae6ab8910.html Egypt: Customary marriage] refworld.org</ref>
==See also==
* [[Ma'ruf]]
* [[Adat]]
* [[Sources of Islamic law]]
* [[List of Islamic terms in Arabic]]
==References==
{{reflist}}
==Bibliography==
* {{cite book
| last = Hasan
| first = Abrar
| author-link = Abrar Hasan
| title = Principles of modern Islamic jurisprudence
| publisher = Pakistan Academy of Jurists
| year = 2004
| location = [[Karachi]]
}}
* Libson, G.; Stewart, F.H. "ʿUrf." [[Encyclopaedia of Islam]]. Edited by: P. Bearman, Th. Bianquis, C.E. Bosworth, E. van Donzel and W.P. Heinrichs. Brill, 2008. [[Brill Online]].  10 April 2008
{{Islam-studies-stub}}
[[Category:Arabic words and phrases in Sharia]]
[[Category:Marriage in Islam]]
[[Category:Common-law marriage]]
[[Category:Islamic jurisprudence]]