ShaiTah and custom in the modern period
The gradual and incremental development of the role of custom in the Islamic legal tradition, as outlined above, continued to evolve in the modern period despite the sudden eclipse of Shari 'ah, which was precipitated by European colonial structures.
By the end of the First World War, most Muslim-majority countries came under direct or indirect European colonial influence, which in most cases resulted in total overhaul of indigenous legal systems and introduction of European codes. For example, in the Middle East, the declining Ottoman Empire strove to meet increasing demands for reformation by introducing several reform edicts, known as tanzimat, but the mounting pressures proved more challenging and eventually caused the abolition of the caliphate and disintegration of the Ottoman Empire. In fact, some recent studies trace the beginning of legal modernization in this region not to European influences going back to the 18th and 19th centuries but rather to earlier Ottoman reforms, particularly during the 16th century. These early Ottoman reforms brought about gradual institutionalization of the law, which in turn translated into more control of the legal process by the state through the issuance of unified state laws or qawdnin.33 This is illustrated, for instance, by the first civil marriage law of 1521, which demanded that all marriage contracts be registered before a court judge.39 What is interesting to note here is that not only was custom able to survive these recurrent legal reform efforts but it remained one of the main sources for their implementation. Within these earlier Ottoman modernization efforts, communal custom had a complex relationship with the unified qawandn as it continued to represent local social and cultural patterns against the empire’s attempt to enforce legal centralization and standardization.40 Starting with the colonial era, the tension between custom and qdndn gradually morphed into a tension between custom and Shari 'ah itself as illustrated in the Egyptian Civil Code of 1949, which placed custom as its second main source preceded only by legislation and followed by the principles of Shari 'ah and lastly by the principles of natural law and equity.41 Writing in 1953 on the status of civil codification in the Arab world, the leading Egyptian jurist Abd al-Razzaq al-Sanhuri (author of the civil code in Egypt as well as several other Arab countries) distinguished two main models across the Arab world: countries that developed civil codes following the French example such as Egypt, Syria, Lebanon, Tunisia, Algeria and Morocco; and countries that developed civil codes on the basis of the Ottoman Majalla such as Iraq, Jordan and Palestine. Apart from these two main models, a few countries continued to follow the Islamic common (uncodified) law such as Saudi Arabia and Yemen.42 In the Indian colonial context, the tension between Shari 'ah and custom was manifested in the creation of the Anglo-Muhammadan Law, which was applied in British colonial courts. It was based mainly on translated and codified Hanafi legal treatises but it also involved the subjective interpretation of British judges, which was informed largely by the English common legal tradition. Not only did this codification process isolate Islamic law from its historical and interpretive context, but it also amounted to further limitations on its ability to engage creatively with local custom, which was pejoratively classified as tribal and primitive.43 In Southeast Asia, Shari 'ah was often compared and even confused with the local 'dddt law. Eventually the Dutch colonial administration elevated the status of 'dddt over that of Shari 'ah and insisted that the former, upon its documentation, should be the main source of the legal system.44 These various modes of engagement between Shari 'ah and custom during the colonial period constitute the historical context within which current legal systems emerged in the post-colonial era. In most cases, Shari 'ah has been displaced and replaced by legal codes following modern European models. The main exception has been the area of personal status law, which continues to derive from the rules of Shari 'ah.Apart from this interface between Shari 'ah and positive legislation within the framework of national legal systems in Muslim-majority countries, another important area for the exploration of this interface has been the Muslim-minority context.45 This new context raises questions on the extent to which Islamic legal practice can be impacted by the social and cultural realities that Muslims living as minorities have to contend with. Although this is not a new phenomenon as can be attested by pre-modern juristic discourses on Muslim minorities,46 the modern situation poses several new questions pertaining to equal citizenship, limits of democratic rule and accommodation of religious demands under secular legal jurisdiction.
Muslim presence in places such as Western Europe and North America has inspired an increasing amount of scholarly literature exploring the various aspects of this presence.47 The growing realization that Muslim immigrants are not going back to their countries of origin coincided with heightened awareness of the communal dimensions of this presence. Both factors were behind the establishment of specialized institutions to support the needs of the growing Muslim communities such as mosques, educational facilities and cemeteries.Until recently, Muslim minorities used to rely on external resources and institutions from Muslim majority countries for religious education and counselling before they took initiatives to develop home-grown institutions, which they felt would be more attentive to their particular needs and circumstances. Currently, several reputable juristic councils already exist in Europe and in North America, which tend to focus on the specific questions facing Muslims living as minorities in these places. Close examination of the deliberations that take place at these institutions on questions such as political participation or status of marriage upon conversion to Islam by only one spouse reveal the emergence of phrases such as European or American 'urf.4lt
At the intellectual and scholarly level, the impact of these modern political, social and legal realities in Muslim majority countries are clearly reflected in the scholarly literature exploring the place of custom in the Islamic legal tradition. On the one hand, within the Muslim context, Muslim writers tended to emphasize the role of custom as an important feature that classical Muslim jurists employed in order to ensure the continued flexibility and functionality of Shari 'ah. Consequently, custom has been a standard feature in works of legal theory (usul al-fiqh) within which it almost always occupies its place among the secondary sources of the law. In addition to works of legal theory, many other works single out custom as a subject of independent study either from a comparative interschool perspective or within the framework of a particular school.
It is important to note, however, that the main approach that most of these works adopt is normative rather than historical, and is heavily dependent on classical juristic discourses. Moreover, in light of the growing influence of Western positive law, a large portion of the published literature examines custom from a Western historical or secular legal perspective. On the other hand, within the Western context, the issue of custom has received a great deal of attention in modern Islamic legal studies due to its close connection with important debates over questions such as the origins and nature of Islamic law.49At the conclusion of this chapter it is important to reflect on the trajectory of the relationship between Shari'ah and custom in light of the overall impact of modernity and also in light of the significant social, cultural and scientific forces that it heralded. Although Islamic law has largely lost its privileged status as the main or sole legal system in Muslim majority countries since the legal reformation movement, which was undertaken under European colonial pressure, it continued to maintain its influence not only in its preserved enclave of personal status legislation but also through its ritual and moral dimensions. It was through these dimensions that Islamic law kept its vibrancy and vitality, which may also explain its invocation in major moral questions facing Muslims in the modern period. Some of the most pressing questions include, for example: inter-gender relations before the law; political freedoms, constitutional rights and human rights concerns; modern forms of commercial transactions; and modern applications of biomedical technology and bio- ethical dilemmas.50 These modern social, cultural and scientific forces have immensely transformed social reality. Their ability to generate new social patterns and customs pose important questions to the inherited Islamic legal structure. To what extent then can these new customs fit the classical classifications that the pre-modern jurists devised? To what extent do they satisfy the conditions that the jurists stipulated for the recognition of a valid custom? And ultimately, how do they fit within the current hybrid legal landscape? The fact that these modern transformations change not only social reality but also people’s consciousness of themselves and of the world requires that these questions should not be limited to the narrow legal domain but must rather be addressed at a deeper theological and philosophical level.
Acknowledgement
This publication was made possible by NPRP grant # NPRP8-1478-6-053 from the Qatar National Research Fund (a member of Qatar Foundation). The statements made herein are solely the responsibility of the author.
Notes
1 See, for example, Harold J. Berman and Samir Saliba, The Nature and Function of Law (New York: Foundation Press, 2009), 16—24. The authors compare the definition of law according to three main legal schools: the analytical-positivist school, the philosophical-moralist school, and the historical-traditionalist school. While the first school emphasizes the role of a sovereign political authority in the definition of law, the second emphasizes the role of morality as well as agreement with the dictates of natural law and the third school emphasizes the role of the social-historical context within which a legal system emerges. Instead of supporting any one of these perspectives, the authors suggest a more integrative approach that incorporates these three dimensions and concentrates on the function of the law as a social institution that aims primarily to preserve social order.
2 A. Arthur Schiller, ‘Custom in Classical Roman Law', in Folk Law: Essays in the Theory and Practice of Lex Non Scripta, ed. Alison Dundes Renteln and Alan Dundes (Madison: University of Wisconsin Press, 1994), vol. 1, 35. Alan Watson notes that the two main elements in European law — in the post Roman period to the beginning of the 18th century — have been Roman law and custom because during this intermediary period European lawyers were mainly concerned with harmonizing these two elements; see Alan Watson, ‘An Approach to Customary Law', ibid., 141.
3 For surveys of the role and place of custom in these legal systems, see ibid. 49—110.
4 David J. Bederman, Custom as a Source of Law (Cambridge: Cambridge University Press, 2010), 4.
5 Amanda Perreau-Saussine and James Bernard Murphy, ‘The Character of Customary Law: An Introduction', in The Nature of Customary Law: Legal, Historical and Philosophical Perspectives, ed.
Amanda Perreau-Saussine and James Bernard Murphy (Cambridge: Cambridge University Press, 2007), 1.6 Ahmad Fahmi Abu Sunna, Al-Urf wa-l-Adafi Ray al-Fuqaha (Cairo: Dar al-Basha’ir, 2004), 31.
7 In 8:199 it is used as a synonym of ma ruf and in 77:1 it is used in the sense of ma ruf again, or as an adverb meaning following each other; see Al-Raghib al-Isfahani, Al-Mufradatfi Gharib al-Qur'an (Beirut: Dar al-Ma'rifa, n.d.), 332. For more on the meaning of the term Urf, its origin and derivatives, see Ibn Manzur, Lisan al-Arab, 18 vols (Beirut: Dar Sadir, 2008), vol. 10, 112.
8 Toshihiko Izutsu, Ethico Religious Concepts in the Qur'an (Montreal: McGill—Queen's University Press, 2002), 214.
9 For a discussion of these references in the foundational sources, see my Custom in Islamic Law and Legal Theory (New York: Palgrave, 2010), 45—58.
10 Mohammad Fadel, ‘Istihsdn is Nine-tenths of the Law: The Puzzling Relationship of Usul to Furu' in the Maliki Madhhab', in Studies in Islamic Legal Theory, ed. Bernard Weiss (Leiden: Brill, 2002), 161.
11 'Ubaydullah b. 'Umar al-Dabbusi, Taqwim al-Adilla fi Usul al-Fiqh (Beirut: Dar al-Kutub al- 'Ilmiyya, 2001), 404-6; Muhammad Amin b. 'Abidin, ‘Nashr al-'Arf fi Bina’ Ba'd al-Ahkam 'ala al-'Urf ‘ in Majmu"at Rasa'il Ibn Abidin, 2 parts in 1 vol. (Beirut: Dar Ihya’ al-Turath al-'Arabi, n.d.), 2: 114.
12 See Yasin Dutton, The Origins of Islamic Law: The Qur'an, the Muwatta' and Madinan Amal (New York: Routledge, Curzon, 2002), 32-52; see also Umar F. Abd-Allah, Mad lik and Medina: Islamic Legal Reasoning in the Formative Period (Leiden: Brill, 2013).
13 'Umar b. 'Abd al-Karim al-Jidi, al- Urf wa-l- Amal fi al-Madhhab al-Maliki wa Mafhumuhuma lada "Ulama' al-Maghrib (Rabat: Wazarat al-Awqaf wa-l-Shu’un al-Islamiyya, 1982), 393-6.
14 'Abd al-Malik b. 'Abdullah al-Juwayni, Al-Burhanfi Usul al-Fiqh, ed. 'Abd al-'Azim al-Dib, 2 vols (Mansoura: Dar al-Wafa’, 1999), vol. 1, 116.
15 Al-Shatibi, Al-Muwafaqat, 2: 239.
16 See Al-Shatibi, al-Muwafaqat, 1: 158.
17 Al-Juwayni, Kitab al-Irshad ila Qawati" al-Adilla fi Usul al-I"tiqad, ed. Muhammad Yusuf Musa and 'Ali 'Abd al-Mun'im 'Abd al-Hamid (Cairo: Maktabat al-Khanji, 2002), 345.
18 Al-Juwayni, al-Burhan, vol. 1, 378-88.
Al-Juwayni, al-Burhan, vol. 1 431—8. From a different perspective, a similar argument has also been used within the modern Shi'i context to support the argument that a lay practitioner must follow the opinion of a learned scholar in Shari'ah-related matters (taqlid). The rational argument used is the common custom that the ignorant often turns to the learned for advice. See L. Clarke, ‘Shi'i Construction of Taqlid ’, Journal of Islamic Studies 12(1) (2001): 43.
Ibrahim ibn 'Ali al-Shirazi, Al-Luma' fi Usul al-Fiqh, ed. Muhyi al-Din Dib Mistu and Yusuf 'Ali Bidiwi (Beirut: Dar al-Kalim al-Tayyib, 1995), 40-2.
Ahmad ibn Idris al-Qarafi, Kitab al-Furuq, eds., Muhammad Ahmad Siraj and 'Ali Jum'a Muhammad, 4 vols (Cairo: Dar al-Salam, 2001), vol. 1, 307.
Mustafa al-Zarqa, Al-Madkhal al-Fiqhi al- Amm, 2 vols (Damascus: Dar al-Qalam, 2012), vol. 2, 876-94.
Al-Shatibi, al-Muwafaqat, 2: 242-3. For more on Al-Shatibi’s treatment of custom, see my ‘'Urf and 'Adah Within the Framework of al-Shatibi’s Legal Methodology’, UCLA Journal of Islamic and Near Eastern Law (2006-2007): 87-100.
Abu Sunna, Al-Urf wa-l-Ada, 60-100.
Al-thabit bi-l- Urf thabit bi-dalil sharT, ibid. Another legal maxim indicates that ‘forcing people to ignore their customs constitutes great hardship’ (fi naz' al-nas 'an 'adatihim haraj 'azim).
Abu Sunna, Al- Urf wa-l- Ada, 84. For a discussion on the role of custom within the structure of the Islamic penal code, see Intisar Rabb, Doubt in Islamic Law: A History of Legal Maxims, Interpretation, and Islamic Criminal Law (Cambridge: Cambridge University Press, 2014); and Luqman Zakariyah, ‘Custom and Society in Islamic Criminal Law: A Critical Appraisal of the Maxim “al- Ada Muhak- kamah” (Custom is Authoritative) and its Sisters in Islamic Legal Procedures’, Arab Law Quarterly 26 (2012): 75-97. For example, Rabb discusses the role of Medinan practice in the definition of punishable crimes according to the Maliki school (ibid., 160). Linguistic convention was also used to determine the hand to be amputated in the punishment for theft (ibid., 174).
See Al-'Izz b. 'Abd al-Salam, Al-Qawa'id al-Kubra, al-Mawsum bi-Qawa'id al-Ahkamfi Islah al-Anam, ed. Nazih Kamal Hammad and 'Uthman Jum'a Dumayriyya (Damascus: Dar al-Qalam, 2000), 2: 225-37; Ibn 'Abidin, ‘Nashr al-'Arf’, 136.
Al-Qarafi, Kitab al-Furuq, vol. 1, 314; Ibn al-Qayyim, I 'lam al-Muwaqqi 'in 'an Rabb al- Alamin, 2 parts in 4 vols (Cairo: Dar al-Hadith), 2: 5.
Wael Hallaq, ‘From Fatwas to Furu': Growth and Change in Islamic Substantive Law’, Islamic Law and Society 1 (1994): 50.
See Muhammad Amin Ibn 'Abidin, Radd al-Muhtar 'ala al-Durr al-Mukhtar, Sharh Tanwir al-Absar, ed. 'Adil Ahmad 'Abd al-Mawjud and 'Ali Mu hmmad Mu'awwad, 13 vols (Riyadh: Dar 'Alam al-Kutub, 2003), vol. 6, 555-6; Abu Sunna, Al- 'Urf wa-l- Ada, 242; Miriam Hoexter, ‘Qadi, Mufti and Ruler: Their Roles in the Development of Islamic Law’, in Law Custom, and Statute in the Muslim World, ed. Ron Shaham (Leiden: Brill, 2007), 73.
Ibn 'Abidin, ‘Nashr al-'Arf’, 118; Abu Sunna, Al- Urf wa-l- Ada, 244.
See for example, Jalal al-Din 'Abd al-Rahman al-Suyuti, Al-Ashbah wa-l-Nazair, 2 parts in 1 vol., ed. Muhammad Muhammad Tamir and Hafiz 'Ashur Hafiz (Cairo: Dar al-Salam, 2004), 1: 221. Al-Suyuti discusses the meaning of this legal maxim and its applications in the Shafi'i school. Zayn al-'Abidin b. Ibrahim b. Nujaym, Al-Ashbah wa-l-Nazair, ed. 'Adil Sa'd (Cairo: al-Maktaba al-Tawfiqiyya, n.d.), 101. Similarly, Ibn Nujaym discusses the meaning of this legal maxim and its applications in the Hanafi school. While al-Suyuti lists five cardinal maxims (actions are judged according to the intentions of their agent, certainty cannot be removed by doubt, hardship triggers ease, harm cannot be removed by harm, and custom is to be used as a basis for judgement), Ibn Nujaym lists six (adding: no reward without intention). For more on custom as one of the main legal maxims, see Ya'qub b. 'Abd al-Wahhab al-Bahusayn, Qa idat al- Ada Muhakkama (Riyadh: Maktabat al-Rushd, 2004).
'Ali Haydar, Durar al-Hukkam, Sharh Majallat al-Ahkam, trans. Fahmi al-Husayni, 4 vols (Beirut: Dar al-Kutub al-'Ilmiyya, 2010), vol. 1, 40-7.
Ibn 'Abidin, ‘Nashr al-'Arf’, 114-15; Al- Zarqa, Al-Madkhal, vol. 2, 908-18.
Al-Zarqa, Al-Madkhal, vol. 2, 919.
Al-Zarqa, Al-Madkhal, vol. 2, 897-902; Abu Sunna, Al- Urf wa-l- Ada, 105-23; Al-Mawsu a al- Fiqhiyya, 2nd edn, 45 vols (Wazarat al-Awqaf wa-l-Shu’un al-Islamiyya, 2009), vol. 30, 58-60. On the basis of his analysis of Ibn 'Abidin’s treatise on custom, Ahmad Atif Ahmad concludes that Ibn 'Abidin developed a tripartite doctrine of custom on the basis of which a valid social custom must be of: ‘(1) universal circulation, (2) residing nature, and (3) capacity to be reconciled with basic Quranic and Sunnaic doctrines’. See Ahmad Atif Ahmad, Islam, Modernity, Violence, and Everyday Life (New York: Palgrave Macmillan, 2009), 102.
37 Al-Suyuti, Al-Ashbah wa-l-Nazair, 229; Ibn Nujaym, Al-Ashbah wa-l-Naza'ir, 110; Ibn 'Abidin, ‘Nashr al-'Arf’, 116; Haydar, Durar al-Hukkam, 41, 132.
38 On the definition of qanun, see Khaled Abou El Fadl, ‘Qanun’, in Encyclopedia of Islam and the Muslim World, ed. Richard Martin (New York: Macmillan Reference USA, 2004), vol. 2, 560-1.
39 Reem Meshal, Shari'ah and the Making of the Modern Egyptian: Islamic Law and Custom in the Courts of Ottoman Cairo (Cairo: The American University in Cairo Press, 2014), 155.
40 Meshal, Shari'ah and the Making of the Modern Egyptian, 214.
41 'Abd al-Razzaq al-Sanhuri, Al-Qanun al-Madani al-'Arabi’, in Islamiyyat al-Sanhuri Basha, 2 vols, ed. Muhammad 'Imarah (Mansoura, Egypt: Dar al-Wafa’, 2006), vol. 2, 541.
42 Ibid., 540.
43 Wael Hallaq, Shari'a, Theory, Practice, Transformation (Cambridge: Cambridge University Press, 2009), 376; Mustafa Baig and Robert Gleave, ‘Customary Law’, in Encyclopedia of Islam and the Muslim World, ed. Richard Martin (New York: Macmillan Reference USA, 2016), vol. 2, 647-9.
44 Hallaq, Shari'a, 394.
45 Said Fares Hassan, Fiqh al-Aqalliyat: History, Development and Progress (New York: Palgrave Macmillan, 2013).
46 Khaled Abou El Fadl, ‘Islamic Law and Muslim Minorities: The Juristic Discourse on Muslim Minorities from the Second/Eighth to the Eleventh/Seventeenth Centuries’, Islamic Law and Society 1(2) (1994): 141-87.
47 See, for example, Julie Macfarlane (ed.), Islamic Divorce in North America: A Shari‘a Path in a Secular Society (Oxford: Oxford University Press, 2012) and Rubya Mehdi and Jorgen S. Nielsen (eds), Embedding Mahr in the European Legal System (Copenhagen: DJORF Pub., 2011).
48 Alexandre Caeiro, ‘Transnational Ulama, European Fatwas, and Islamic Authority: A Case Study of the European Council for Fatwa and Research’, in Producing Islamic Knowledge, Transmission and Dissemination in Western Europe, ed. Martin Van Bruinessen and Stefano Allievi (New York: Routledge, 2011), 135.
49 For a representative list of these works, see my Custom in Islamic Law, 17-42 and ‘Custom in the Islamic Legal Tradition’, in The Oxford Handbook of Islamic Law, ed. Anver Emon and Rumee Ahmed, (Oxford: Oxford university Press, 2018), 231-48. http://www.oxfordhandbooks.com/ view/10.1093/oxfordhb/9780199679010.001.0001/oxfordhb-9780199679010-e-35 (accessed 24 July 2018).
50 For example, on gender issues, see Ahmad, Islam, Modernity, Violence, and Everyday Life, 106 (raising a question about the possibility of arguing for equal privileges in the Islamic law of divorce in light of Ibn 'Abidin’s treatment of custom). For constitutional and human rights concerns, see Khaled Abou El Fadl, ‘Cultivating Human Rights: Islamic Law and the Humanist Imperative’, in Law and Tradition in Classical Islamic Thought, ed. Michael Cook et al. (New York: Palgrave Macmillan, 2012), 170 (observing that ‘before becoming effective laws, human rights are embedded in individual consciences and collective wills expressed as cultural practices’). See also, in general, Abdulaziz Sachedina, Islamic and the Challenge of Human Rights (Oxford: Oxford University Press, 2009). On economic issues, see Alexandre Caeiro, ‘The Social Construction of Shari'a: Bank Interest, Home Purchase, and Islamic Norms in the West’, Die Welt des Islams 44(3) (2004): 351-75 (analysing a fatwa by the European Council for Fatwa and Research on the topic of home mortgages). On modern bioethical issues, see Abdulaziz Sachedina, Islamic Biomedical Ethics (Oxford: Oxford University Press, 2009).
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Abu Sunna, Ahmad Fahmi. Al- Urf wa-l- Ada fi Ray al-Fuqaha' (Cairo: Dar al-Basa’ir, 2004).
Ahmad, Ahmad Atif. Islam, Modernity, Violence, and Everyday Life (New York: Palgrave Macmillan, 2009).
Bahusayn, Ya'qub b. 'Abd al-Wahhab al-. QaAdat al-Ada Muhakkama (Riyadh: Maktabat al-Rushd, 2004).
Baig, Mustafa and Robert Gleave. ‘Customary Law’. In Encyclopedia of Islam and the Muslim World, ed. Richard Martin, 2nd edn, 2 vols (New York: Macmillan Reference USA, 2016), vol. 2, 647-9.
Bederman, David J. Custom as a Source of Law (Cambridge: Cambridge University Press, 2010).
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Caeiro, Alexandre. ‘The Social Construction of Shari’a: Bank Interest, Home Purchase, and Islamic Norms in the West’. Die Welt des Islams 44(3) (2004): 351-75.
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2001).
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2002).
Jidi, 'Umar b. 'Abd al-Karim al-. Al- 'Urf wa-l- Amal fi al-Madhhab al-Maliki wa-Mafhumuhuma lada Ulama al-Maghrib (Rabat: Wizarat al-Awqaf wa-l-Shu’un al-Islamiyya, 1982).
Juwayni, 'Abd al-Malik b. 'Abdullah al-. Al-Burhan fi Usul al-Fiqh, ed. 'Abd al-'Azim al-Dib, 2 vols (Mansoura, Egypt: Dar al-Wafa’, 1999).
Juwayni, 'Abd al-Malik b. 'Abdullah al-. Kitab al-Irshad ila Qawati ' al-Adilla fi Usul al-I'tiqad, ed. Muhammad Yusuf Musa and 'Ali 'Abd al-Mun'im 'Abd al-Hamid (Cairo: Maktabat al-Khanji, 2002). Macfarlane, Julie (ed.). Islamic Divorce in North America: A Shari 'a Path in a Secular Society (Oxford: Oxford University Press, 2012).
Mehdi, Rubya and Jorgen S. Nielsen (eds). Embedding Mahr in the European Legal System (Copenhagen: DJORF Pub., 2011).
Meshal, Reem. Shari’ah and the Making of the Modern Egyptian: Islamic Law and Custom in the Courts of Ottoman Cairo (Cairo: The American University in Cairo Press, 2014).
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Shabana, Ayman. “Urf and 'Adah Within the Framework of al-Shatibi’s Legal Methodology’. UCLA Journal of Islamic and Near Eastern Law 6 (2006—2007): 87—100.
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Zakariyah, Luqman. ‘Custom and Society in Islamic Criminal Law: A Critical Appraisal of the Maxim “al-Adah Muhakkamah” (Custom is Authoritative) and its Sisters in Islamic Legal Procedures’. Arab Law Quarterly 26 (2012): 75-97.
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