حجیتِ عرف اور اس کے معتبر ہونے کی شرائط کا تجزیاتی مطالعہ

An Analytical Study of the Authority of Custom (ʿUrf) and the Conditions for Its Validity in Islamic Jurisprudence.

Abstract

This article examines the legal authority (Ḥujjiyyah) of ʿUrf (custom) and the essential conditions required for its recognition in Islamic jurisprudence. Islamic law acknowledges ʿUrf as a secondary source of legislation, provided that it does not contradict the Qur’an, Sunnah, or established principles of Shariah. The study highlights the concept, significance, and juristic basis of ʿUrf in the light of classical and contemporary Islamic legal thought. It further analyzes the conditions that render a custom legally valid, including its prevalence, continuity, clarity, and conformity with Islamic injunctions. Using an analytical and descriptive research methodology, the paper explores the role of ʿUrf in addressing contemporary legal and social issues. The findings demonstrate that a sound and recognized custom facilitates legal flexibility and strengthens the practical application of Islamic law while preserving its fundamental objectives. The study concludes that ʿUrf, when fulfilling the prescribed conditions, remains an effective instrument of ijtihād and legal interpretation in modern Islamic jurisprudence.