فقہِ حنفی و مالکی میں عرف کی حیثیت و حجیت کا تقابلی و تحقیقی مطالعہ

The Status and Legal Authority of ʿUrf in Ḥanafī and Mālikī Jurisprudence: A Comparative and Analytical Study

Abstract

The concept of ʿUrf (custom) occupies a significant position in Islamic jurisprudence as a supplementary source for deriving legal rulings, particularly in matters where explicit textual evidence is absent or requires contextual interpretation. This study presents a comparative and analytical examination of the legal authority (ḥujjiyyah) of ʿUrf in the Ḥanafī and Mālikī schools of Islamic law. It explores the definitions, classifications, evidential foundations, conditions of validity, juristic maxims, and practical applications of ʿUrf in both schools. The research further investigates the relationship between ʿUrf and other juristic principles, particularly Qiyās (analogical reasoning), highlighting the circumstances in which customary practice is preferred over analogical deduction. In addition, the study analyzes the role of ʿUrf in the specification of general legal texts, the restriction of unrestricted rulings, and the resolution of contemporary legal issues through practical examples drawn from commercial transactions, leases, wills, and family law. Employing a comparative and qualitative methodology based on classical juristic sources, the study demonstrates that both the Ḥanafī and Mālikī schools recognize valid custom as an authoritative legal proof, although they differ in the scope and methodology of its application. The findings reveal that ʿUrf serves as an essential mechanism for ensuring flexibility, facilitating legal adaptation to changing social circumstances, and preserving the objectives of Sharīʿah while maintaining fidelity to its foundational texts.