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Title: The theory and application of ʻurf in Islamic law
Author: Laldin, Mohamad Akram
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 1995
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This study aims particularly to demonstrate two important facts: (i) The Shari'ah for the Muslims is compatible with the change of place, time and circumstances. (ii) The possibility of utilising 'urf (custom) in various aspects of life and incorporating them into the Islamic legal system. The introductory notes deals with some aspect of the origins of Islamic law which covers Shari'ah and usul al-figh. The important sources of Islamic law which are the Qur'an, Sunnah, ijma' and giyas were also discussed briefly. Chapter One discusses the legal background to the theory of 'urf which covers the definition of 'urf and 'adah, the proofs of Qur'an, Sunnah and ijma' indicating on the authority of 'urf and the influence of 'urf in Islamic Jurisprudence. The different types of 'urf and the conditions of valid 'urf were also discussed here. The relationship between Islamic law and the pre-Islamic Arabs' customary practices are discussed in Chapter Two. This discussion covers four major fields of law namely the criminal and evidence law, family law, inheritance law and commercial law. Chapter Three examines the development and application of the theory of 'urf throughout the period of the development of Islamic law. This includes the Prophetic period, the era of the Khulafa' al-R'shid'n and the major Companions, the era of the formation of madhahib (schools of laws) and the period from the drafting of Majallat al-Ahkam al-'Adliyyah to the present. The opinion of the four major schools of law and the literatures written on this subject were also discussed in this chapter.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available