Mohammed Farid Ali al-Fijawi, Dr. specialized in fiqh and fatwa,and later pursued his MA (Islamic Civilization) and PhD (Muslim World Issues). He is currently teaching in Fiqh and Usul al-Fiqh Department, Kulliyah of Islamic Revealed Knowledge and Human,Sciences, International Islamic University Malaysia.
Sharia,fiqh and Jurisprudence
THE POSITION OF CUSTOM (URF/ADAT) IN ISSUING FATWA
₦8,500.00
Fatwa issued currently by Shari’ah scholars, committees, and muftis occasionally fall short of meeting the challenges of modern society. Ibn ‘Abidin’s concept of custom (‘urJ) and its application provide a basic guide to meet the modern challenges in its totality. The present work refers to his three works—Sharh ‘Uqud Rasm al-Mufti, Nashr al-‘urffi bina’ ba’d al-ahkam Cala al-‘urf, and Radd al-Muhtar cala al-Durr al-Mukhtar SharhTanwir al-Absar in 13th century A.H. These works present turf as a practical instrument for muftis and those responsible to issue fatwa. The first work is used as an overall framework, while the other two works offer commentaries on the latter, providing details and cases of application. This work enunciates that Ibn ‘Abidin identifies custom as effective in Islamic law only if it fulfils the condition to specify the legal text (takhsis al-Nass), without opposing it completely. The variations of ‘urfin society will only affect those legal issues that are custom-related and not directly based on nass (Qur’an and Sunnah). Moreover, all custom-related issues in manifest rulings (zahir al-riwayah) ofa Legal School are subjected to change as custom changes.
AUTHOR: Mohammed Ali Farid al Fijawi
