Conceptualization of custom

In Arabic the concept of custom is associated with two main terms: ‘Urf and ‘dda. Urf is derived from the root that means ‘to know’ and stands for what is known or what is recognized.

‘Ada is derived from the root that means ‘to return’ or ‘to repeat’ and it stands for a recurrent or habitual behaviour. Although they are often used as synonyms, significant differences have also been noted between Urf and 'dda. The term 'ada (pl. 'dddt) covers both individual as well as collective habits, while Urf (pl. araf) covers only collective ones. Moreover, the term 'dda denotes a habitual or recurrent course of action regardless of whether it is based on any type of rational justification, while the latter is considered important for the definition of 'Urf.⁶ The term Urf occurred twice in the Qur'an,⁷ while various other derivatives of the two terms occurred frequently in both the Qur'an and the Sunna of the Prophet. In particular, the term ma 'rdf and its opposite munkar are perhaps the most famous examples. The term ma 'rdf literally means ‘what is known’ but is used also in the sense of ‘what is morally good’. Similarly, the term munkar literally means ‘what is unknown’, but it is used in the sense of ‘what is morally bad’. Both ma'rdf and munkar are used in this technical moral sense in the Islamic normative tradition, which is captured in the fundamental moral principle of commanding the good and forbidding the evil (al-amr bi-l-ma'ruf wa-l-nahy ‘an al-munkar). These two terms were used in the pre-Islamic period to signify (dis)approved cultural or moral standards. In the Islamic foundational texts, the source of the morality underlying these terms became the will of God rather than pre-Islamic Arabian standards.⁸ The moral definition of the term ma'rddf raises the issue of moral justification and whether the source of this justification would be limited to divine revelation or whether it could also be extended to include reason.

The question of moral epistemology in the Islamic normative tradition was the subject of an extensive and also extended debate, particularly in theology and legal theory, which eventually became one of the main points of distinction between rationalist and traditionalist orientations within this tradition. The linguistic and cultural background of these terms is crucial for understanding the role of custom, in the sense of common or recurrent practice, in the Islamic legal tradition. The semantic association between ‘what is known’ and ‘what is morally good’ in the meaning of terms such as Urf and ma 'rdf may help explain the general juristic attitude towards custom, which could be characterized as prima facie recognition. Especially in the later phases of the tradition after the concept of custom became well established, jurists often note that unless a common custom conflicts with one of Shari 'ah’s fundamental principles, it should be recognized as a source of legal derivation. But this does not mean that juristic discussions over custom were restricted to its role as a legal source. In fact, the concept was employed in various other ways in different types of legal genres.

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Source: Abou El Fadl Khaled, Ahmad Ahmad Atif, Hassan Said Fares (Eds.). Routledge Handbook of Islamic Law. Routledge,2019. — 466 p.. 2019

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