Understanding ‘Urf (عرف): The Role of Custom in Society and Islamic Law Part 1

Introduction

In every society, the concept of custom, or ‘urf (عرف) in Arabic, plays a significant role in shaping the collective behavior, norms, and practices of its members. ‘Urf, often translated as custom, tradition, or social norm, can deeply influence various aspects of life, from daily interactions to complex legal and religious decisions. However, the relationship between custom and Islamic law is complex and multifaceted, and it is crucial to understand how customs can both align with and diverge from religious principles. This article explores the nature of ‘urf, its distinctions from related concepts, and its various divisions, offering a comprehensive insight into its role in societal and religious contexts.

Defining ‘Urf (عرف)

‘Urf can be understood in several ways, each highlighting a different aspect of its role in society:

1. Social Norm: The behaviors and expectations that are widely accepted within a community.
2. Custom: The practices that have been established over time and are regarded as binding by those who follow them. We will use the word “custom” to mean ‘Urf.
3. Tradition: The transmission of beliefs and practices from one generation to another, often carrying a sense of historical continuity.
4. Common Practice: The habitual actions that people within a society routinely perform.
5. Praxis: The practical application of theories or beliefs, especially in a communal or societal context.

Custom (‘urf) often becomes so embedded in the social fabric that it may be mistaken for religious law. In some cases, people may use custom to justify practices that contradict Islamic principles, blurring the lines between what is permissible (halal) and what is forbidden (haram). This is particularly evident in areas like marriage, where customs may be used to impose unfair obligations, especially on women, under the guise of tradition or common practice.

Differentiating ‘Urf from Related Concepts

To fully grasp the concept of ‘urf, it is essential to distinguish it from other related terms:

1. Custom vs. Habit (عادة): Scholars have debated the relationship between the two concepts, some saying that custom is more general than habit, others argue the other way around, and others again say that they are indeed the same. Some scholars have argued that custom is to do with verbal traditions while habit is to do with action.
2. Custom vs. Conduct (السيرة): Conduct refers to the behavior and actions of specific groups, such as intellectuals or the divinely guided, peace be upon them, which serve as models for others. Custom, on the other hand, is the general practice adopted by a society, not necessarily guided by intellectual or religious ideals.
3. Custom vs. Consensus (الإجماع): In Islamic jurisprudence, consensus (ijma’) is considered a source of law by Ahlul Sunnah, but not by the Shia, who do not view it as independently authoritative. For Shia scholars, consensus only holds weight if it reflects the conduct of the Ahlul Bayt (the family of the Prophet). Custom is not a formal source of law all together, but rather a reflection of common societal practices.
4. Custom vs. Law (القانون): Law is formally written, clear, and established through a deliberate process involving selected authorities. In contrast, custom develops organically over time, based on the actions and interactions of the people. Law is explicit and enforceable, while custom is implicit and often more flexible.
5. Custom vs. Culture (الأداب الإجتماعية): Culture encompasses the broader, more fluid set of beliefs, practices, and expressions that characterize a society. Custom, however, is more specific, often based on logical reasoning and practical considerations. While culture can change rapidly with time, custom tends to be more stable and resistant to change.

Divisions of ‘Urf

‘Urf can be categorized into several divisions, each reflecting different aspects of its application and influence:

1. Correct and Corrupt Custom (الصحيح و الفاسد): Correct custom aligns with Islamic law, promoting benefits and avoiding harm. Corrupt custom, however, contradicts Islamic principles, leading to harm and the prevention of benefits.
2. General and Specific Custom (العام و الخاص): General custom is universally recognized, such as the principle that ignorance should be addressed by seeking knowledge. Specific custom, on the other hand, is particular to a certain community or group.
3. The Incident (الحادث), The Comparative (المقارن), and The Delayed Custom (المتأخر): These categories refer to the timing of the custom in relation to contractual agreements—whether it is expected before, during, or after the agreement.
4. Surrendered and Non-Surrendered Custom (المسّلم و الغير مسّلم): This distinction refers to customs that are universally accepted without question (surrendered) versus those that are subject to debate or rejection (non-surrendered).

Some scholars also introduce additional divisions, such as:

–  ثابت و متبدل و المطرد و المساوي: Customs that are fixed, changeable, consistent, or equal in their application.

– العرف القولي و العملي والإرتكازي: Customs expressed through words, actions, or subconscious practices.

– العرف الدقيق و المسامحي: Customs that are precise and strict versus those that are more lenient and forgiving.  The custom that is precisely investigated is the one that has any value whatsoever, where is the latter is akin to guesswork and estimation.

‘Urf, or custom, is a powerful force in shaping societal behaviors and norms, often intersecting with religious law in complex ways. While it can reinforce positive practices aligned with Islamic principles, it can also perpetuate harmful traditions that contradict religious teachings. Understanding the distinctions between ‘urf and related concepts, as well as recognizing the different types of customs, is essential for navigating the delicate balance between tradition and religious law in a way that upholds justice and equity in society.

Here, we come to the end of part 1of this discussion.  Looking forward to writing the next part!

Ref: العرف بين الدليلية والتشخيص: ىراسة موضوعية مقارنة. عبد الرزاق العبيد