Legislative significance of custom in developing local family fiqh: an analysis of its conceptual framework

Haneef, Sayed Sikandar Shah and Fatah Yasin, Raudlotul Firdaus and Ijaz, Rabia (2020) Legislative significance of custom in developing local family fiqh: an analysis of its conceptual framework. In: THE 2nd National Seminar on Contemporary Fiqh 2020 Family Fiqh in Malaysia: Towards Promoting Insan Sejahtera, 9 December 2020, Kuala Lumpur. (Unpublished)

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Abstract

Islamic jurisprudence though originates in divine revelation is elastic enough to assimilate local customs and social norms in accordance with its own terms and conditions to preserve its divinity (sanctity).With the advent of new trends of thought in the field of legal hermeneutics and advocacy for historical–cum-sociological approaches to study religious texts, an erroneous conclusion has been made that Islamic law is nothing but a set of rules concocted by juristic conniving to rubber stamp social realities of their times. In this context, any overemphasis on the legislative place of `urf by Muslim legal scholars is also cited as pieces of evidence to cast more skepticism about the revealed genre, content, and structure of Islamic law. The advocacy for local fiqh with its pious intention needs to take notice of such dangers so as not to fall into such traps by going overboard and regarding the bulk of the fiqh corpus as historical and time-space bound. To avert such a folly, it is deemed to reflect back on the true meaning and correct use of `urf as a tool for local fiqh construction. According, this study by adopting a content analysis method argues that `urf in the Islamic legal thought supplements revealed laws and never abdicates them.

Item Type:	Conference or Workshop Item (Plenary Papers)
Additional Information:	3049/86682
Uncontrolled Keywords:	Family fiqh
Subjects:	K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning.
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User:	Prof. Sayed Sikandar Shah Haneef
Date Deposited:	21 Dec 2020 14:56
Last Modified:	21 Dec 2020 15:05
URI:	http://irep.iium.edu.my/id/eprint/86682

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