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The position of custom ('Urf/'Adat) in issuing fatwa: in the works of Ibn 'Abidin al-Shami (d. 1252/1836)

Ali, Mohammed Farid (2017) The position of custom ('Urf/'Adat) in issuing fatwa: in the works of Ibn 'Abidin al-Shami (d. 1252/1836). Dar al-Wahi Publication, Kuala Lumpur Malaysia. ISBN 978-967-0729-21-3

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Abstract

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 (‘urf) 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-'urf fi bina ba'd al-ahkam 'ala al-'urf, and Radd al-Muhtar 'ala al-Durr al-Mukhtar Sharh Tanwir al-Absar (al-Ḥashiyah)—written in 13th century A.H. These works present 'urf 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 fulfills the condition to specify the legal text (takhsis al-nass), without opposing it completely. The variations of 'urf in 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) of a Legal School are subjected to change as custom changes.

Item Type: Book
Additional Information: 7146/59410
Uncontrolled Keywords: fatwas, Islamic law, Custom, Mufti, Ifta', Ibn 'Abidin
Subjects: B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc > BP1 Islam > BP173.2 Sources of Islam
B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc > BP1 Islam > BP87 Islamic Literature. Islamic authors
B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc > BP1 Islam > BP87 Islamic Literature. Islamic authors > BP88 Individual authors, A-Z
K Law > KBP Islamic Law
K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning.
K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP490 Furūʻ al-fiqh. Substantive law. Branches of law.
Kulliyyahs/Centres/Divisions/Institutes: Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User: Dr MOHAMMED FARID ALI
Date Deposited: 24 Nov 2017 01:09
Last Modified: 12 Dec 2017 08:14
URI: http://irep.iium.edu.my/id/eprint/59410

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