‘Uruf

(Introduction)
 DEFINATION OF ‘URUF
• Literally meaning:
“To know”
• Technically meaning:
“ʿUruf is a matter that is well known by the
overwhelming majority of the people, and they
are consistent in practising it”.
 JUSTIFICATION OF ‘URUF AS A SOURCE OF SHARI’AH
• From the Qur’an
‫ي‬ِ‫اهل‬
ِ ‫اْل‬
ْ ِ
‫ن‬ ‫ع‬ ‫ض‬ِ
‫ر‬ ‫َع‬‫أ‬
‫و‬ ِ ‫خ ِذ الْع ْفو وأْمر ِِبلْعر‬
‫ف‬
ْ
َ َ َ ْ َ ُْ ْ ُ َ َ َ ُ
Take what is given freely, enjoin ‘uruf, and turn away from the ignorant (Al-`Arof: 199).
Scholars suggested that the meaning of ‘uruf in this verse is synonymous to ma’ruf which means anything
that is good.

• From Al-Sunnah
It was reported that Hind, wife of Abu Sufyan, came to the Prophet (‫ )ﷺ‬and said: Abu Sufyan is a
miserly person. He does not give adequate maintenance for me and my children, but (I am
constrained) to take from his wealth (some part of it) without his knowledge. Is there any sin for
me? Thereupon the Prophet (‫ )ﷺ‬said: Take from his property what is ‘uruf which may suffice you
and your children.
This hadith shows that ‘uruf should be referred in matters where Shariah does not give the exact details
 THE TYPES OF ‘URUF (1)
• This ‘uruf is applicable when people have regarded a new
meaning for terms, than their original meaning.
• As a result, the new meaning becomes dominant and the original
Words meaning must be highlighted if they are specifically referred.
• For example, in Kelantan, the word Riyal is used to mean
Malaysian Ringgit, not the real riyal currencies such as Saudi Riyal
or Qatari Riyals

• This ‘uruf consists commonly current practices which are accepted

Practices by the people.
• An example would be bay' al-ta'ati (give-and-take sale), which is
normally concluded without utterances of offer and acceptance.
 THE TYPES OF ‘URUF (2)

• This ‘uruf widely spreads among people all over the world.
• For example, copyright is considered as a special right belongs to
General writers or inventors. Thus, it cannot be copied without the
permission from its owner

• This uruf is practiced in a particular area, or is prevalent in a

particular profession or trade.
Specific • For example distributing mahr (dowry) in two parts: prompt mahr
and deferred mahr is practiced among Arab countries.
 THE TYPES OF ‘URUF (3)

• This ‘uruf does not contradict with Islamic mandatory rules.

Thus, it is recognized in Islam.
Sahih • For example, requiring ‘mas kawin’ for a man alongside with
mahr to be paid for his future wife.

• This ‘uruf contradicts with Islamic mandatory rules. Thus, it

is not be recognized in Islam.
Fasid • For example, celebrating a special event with alcoholic
drinks.
 CONDITION OF A VALID ‘URUF
1. ‘Uruf must be widely spread and used. In this regard, usual practices
among a few people or families are not considered as ‘uruf.

2. ‘Uruf must be dominant. For example, using Gregorian calendar is

more dominant nowadays than Hijri calendar.

4. ‘Uruf must not contravene the clear agreement. In other words, ‘uruf
can only be applied if there is no contractual agreements

5. ‘Uruf must not be in conflict with the Qur’an and the Sunnah. For
example, drinking alcohol must not be considered as ‘uruf, even though it
is allowed in other cultures
 THE IMPORTANCE OF ‘URUF
• The word or the practice is only declared as ʿuruf when it benefits people.
Therefore, not surprisingly, many rules in Islam have been built on ʿuruf
since the time of the Prophet, like mudarabah contract, respecting guests
and avoiding conflicts due to the holy months.
• Neglecting ʿuruf might cause unbearable problems, if people were forced
to behave against their habits and practices
• ʿUruf can be changed because of the change of time and place. For
example, in the past, charging for teaching and religious matters was
prohibited, as both were seen to be charitable and voluntary works.
However, with the changing times, as there are no more volunteers for
those matters, modern scholars allow payment for those jobs, because of
‘uruf
 CASE STUDY 1: RIBA JAHILIYYAH
• In the Qur’an, Allah says:
“O you who have believed, do not consume riba, doubled and
multiplied, but fear Allah that you may be successful” (3:130)
• Without knowing the background of the verse (‘uruf),
consequently it might be misunderstood that charging a small
amount of interest is permitted.
• In fact, this verse refers to a specific interest that was
practised by Arabs at that time, which was known as riba
jahiliyyah (pre-Islamic riba), whereby the amount of debt
would be doubled if the debt was extended.
 CASE STUDY 2: FIAT MONEY
• Rejecting fiat money by some Muslim group is an example of
inaccurate fatwa that neglects the element of ʿuruf.
• As they argue that only the dinar (Roman Byzantine gold coins)
and dirham (Persian silver coins) are recognized in Islam, they
fail to perceive the fact that nowadays all countries declare fiat
money as their official currency.
• In fact, dinar and dirham were accepted by the Prophet as a
monetary unit because Arab people did not mint their own
coins at that time.
 CASE STUDY 3: MORTALITY TABLES FOR TAKAFUL
• Mortality tables are mathematically complex grids of numbers that show the
probability of death for members of a given population within a defined
period of time. Mortality tables are usually constructed separately for men
and for women. Other characteristics can also be included to distinguish
different risks, such as smoking status, occupation and socio-economic class.
There are even actuarial tables that determine longevity in relation to
weight.
• The mortality table has been used for pricing and reserving in insurance. It is
based on mortality experiences in different countries in different times.
• When Takaful was introduced, a takaful company may use the mortality
experience of another country. This is permitted as actuaries have been
doing this for hundreds of years for pricing life insurance products and there
is no injunction against it.