Custom and tradition, the relationship between them, and their consequences

Abstract

his study explores the concepts of "custom" (‘Urf) and "habit" (‘Adah) in Islamic jurisprudence and law, examining their dialectical relationship and their foundational role in legal frameworks as vital instruments for conflict resolution and interpreting contractual intent. The research addresses the philosophy of Islamic law in establishing these concepts as auxiliary legislative sources that provide the necessary flexibility to address evolving human circumstances without compromising established principles.

The study concludes that jurists have historically adopted three distinct approaches to defining the relationship between ‘Urf and ‘Adah: synonymy, differentiation (limiting ‘Urf to speech and ‘Adah to action), and relative generality. The research favors the latter, positing that ‘Adah is a broader genus that encompasses ‘Urf. Furthermore, the study demonstrates that ‘Urf, by virtue of its societal consensus, functions as a supplementary legislative source, whereas ‘Adah serves as a recurring behavioral pattern used to interpret private contractual intentions.