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TABLE CONTENT
2.0 DEFINITION OF URUF

Another term of custom is uruf. Uruf means "good" or "something that considered good and
accepted by common sense''. Which is literally means a situation, speech, action or
provision that is accepted by the public and becomes a tradition to practice it or leave it.
There are also various definitions of uruf have been given by the Muslim Jurists. Sheikh
Zakaria al-Ansari said, uruf is what is fixed in human beings is based on the testimony of
reason and is well received by tabi’i. From Imam Al-Ghazali, it is something that is
established in the human soul in terms of common sense and accepted by a healthy habit.
According to Al-Zarqa, "uruf" refers to a group of people's actions or repeated customs that
are acceptable to people of sound nature. While custom is an act that is done repeatedly
without rational connection.

A custom can said to be uruf if it is a habit should be liked by many people. Then, the
custom should be done regularly repeated and the custom should be popular and already
known by many communities. In Islamic law, uruf occupies an important position in
stipulation of the law. This is because uruf has become a custom in society in a cultural way
in the middle of society. Custom and uruf are considered in determining the law has been
formulated into a general rule, namely as al-adah muhakkamah.

As-Suyuti said, uruf is celebrated in fiqh and it becomes a reference in many

problems. There are many examples that can be understand like the age of menstruation
and puberty, determination of the least and longest period, practices that deny prayer,
impurity that is forgiven, buying and selling to indicate according to Imam al-Ghazali's choice
and so on. In this case, the mufti must know the customs and uruf of a community before
issuing any fatwa.

The law of writing is also mentioned in the Qur'an, which is Surah Al-Araf verse 199 :

ِِ ِ ِ
َ ‫ض َع ِن اجْلَاهل‬
‫ني‬ ْ ‫ُخذ الْ َع ْف َو َوْأ ُم ْر بِالْعُ ْرف َو‬
ْ ‫َأع ِر‬
Meaning : “Accept what is easy for you to do and order with good things and turn away from
ignorant people”

(Surah Al-Araf, verse

199)
2.2 CLASSIFICATION OF URUF

Islamic jurists have created a classification system for the many kinds of uruf and divided
them into several categories. Firstly, in terms of origin, customs are divided into human
customs, animal customs and other natural customs. In human customs, is what arises from
humans or human nature naturally in some situations such as the custom of the arrival of
menstruation for women. For animal customs is what becomes a habit for animals when they
are trained to do something like hunting dogs and eagles and pigeons that carry letters.
Lastly for this term is natural customs which is something that caused from external factors
like climate heat and seasonal differences that affect the speed of puberty or its delay.

Secondly, in term of relevance, ‘uruf divided into two, namely, ‘uruf qauli (verbal
custom) and ‘uruf amali (actual custom). ‘Uruf qauli is what is spread in the public with the
use of words, the string of words shows only one meaning and there is easy for people to
understand. Everyone also know the meaning to be conveyed. For example, the word "meat"
refers to beef only. This is caused because based on the customs of the local community.
While ‘uruf amali is an act or activity that is customary among the community in relation to
their life such as eating, drinking and the way they live in society such as buying and selling,
renting and divorce. For example, the silence of a girl of puberty when asked about consent
to marry then she just keeps quiet. This shows her consent and willingness as a shy person
like her. Her embarrassed state gave a strong indication that she agreed. As said:

‫ أن النيب صلى اهلل عليه وسلم قال "األمي أحق بنفسها من وليها والبكر تستأذن يف‬,‫عن ابن عباس‬

‫"نفسها وإذهنا صماهتا‬

"From ibn 'Abbas that the Messenger of God, may God bless him and grant him peace, said,
the widow has more rights over herself than her guardian. The girl should be asked for
permission regarding herself and her permission is her silence."

It happens in buying and selling as well and tells without sighah ijab qabul between seller
and buyer.

Other than that, other related features are also divided into two which is general
custom and special custom. General custom is practice by the public or residents of the
state whether speech or action. For example, the pronunciation of divorce is used to break
the bonds of marriage. For special custom is customs that apply only in a certain place, time
and situation only, or habit that occur in certain regions and communities and are not visible
in other communities. The word illah is one example that everyone will use this pronunciation
according to their own understanding.

Then, in terms of confessing by syarak or not, ‘uruf or custom is divided into two,
which is ‘Uruf sahih (valid custom) and ‘Uruf fasad (invalid custom). ‘Uruf sahih is custom
that conforms to the principles of Sharia and does not conflict with the evidence of Sharia so
that it does not legalize what is unlawful, does not invalidate what is obligatory and does not
cause mafsadah (loss or damage). For example, the community's custom of paying dowry or
giving gifts to women, either before or during the marriage ceremony. All these things are
allowed in Islam. So, the scholars agreed to say that 'uruf like that is allowed because it is in
accordance with the teachings of Islam.

‘Uruf fasad is a practice that accepted by community but contradicts the principles of
Sharia. For example, traders think that ribawi interest is profit. In addition, in the time of the
Prophet SAW, 'uruf like this for example bad habits such as fornication, gambling, drinking
alcohol, riba and many more or any culture that resembles a non-Muslim. The scholars
agreed to forbid 'uruf like this and remove it from our lives.