Consideration of ‘Urf in the Judgments of the Khulafa' al Rashidun and the Early Fuqaha

Abstract

Consideration of ‘Urf by the Khulafla’ al Rashidun
‘Urf (custom) and ‘adah (tradition) are very ancient and important
somes of Islamic law. As the pre-Islamic Arabs had no written documents
or script, their social systems were regulated by custom and tradition.
According to the available historical accounts, the khulafa' al
rashidun retained many pre-Islamic social customs and traditions and also
adopted and established some useful nonindigenous customs. Such borrowing
was quite acceptable in their eyes, for the Prophet himself had
acknowledged the validity of some pre-Islamic customs that were compatible
with the letter and spirit of the revelation.
At the time of the Prophet, the Arabian peninsula was the home of
many different customs and traditions. The Arabs were mainly idol worshippets,
and this outlook was reflected in their customs. However, they
had also retained a pottion of the legacy of Ibrahim: ceremonies related
to the Ka‘bah and circumcision. These ceremonies provided the basis for
the establishment of social traditions.
Many pre-Islamic customs were still practiced during the period of
the khulafa’ al rashidun. For instance, grain (i.e., wheat, barley) continued
to be regarded as kayli (measured by capacity) and gold and silver
were considered wazni (me asured by weight). The same custom and
usage were followed in commercial transactions made by the Prophet and
his four immediate successors. The fuqaha’ later based many of the rules
concerning zakah (poor due), sadaqah (charity), and kaffarah (expiation) ...