قانون سازی میں عرف کی رعایت-سیرتِ رسول اللہ (صلی اللہ علیہ وآلہ وسلم) کی روشنی میں جائزہ

Considering the Urf (Custom) in Legislation: A Review in the Light of Seerah of the Holy Prophet Muhammad (PBUH)

Abstract

This research explores the recognition and consideration of ‘Urf (customary practice) in Islamic legislation in the light of the life of the Holy Prophet Muhammad (PBUH). Islamic law, while rooted in divine revelation, demonstrates remarkable flexibility in accommodating social customs, provided they do not contradict fundamental Islamic principles. The study highlights how the Prophet (PBUH) acknowledged and endorsed prevailing Arab customs in matters such as trade practices, social norms, contracts, and dispute resolution, either by explicit approval or through tacit consent. A qualitative and analytical approach has been adopted, relying on primary sources of Seerah and Hadith, supplemented by classical juristic works. Relevant incidents from the Prophetic biography are examined to assess how customary practices were retained, reformed, or abolished in accordance with Islamic objectives. Findings of the study illustrate that ‘Urf functioned as a practical legal source during the formative period of Islamic law. Customs conflicting with ethical and moral values were restructured, while those aligned with justice and social welfare were preserved. This Prophetic approach reflects a balanced integration of divine guidance and societal context.This study further argues that the Seerah of the Prophet (PBUH) offers a foundational framework for contemporary Islamic legislation, especially in dynamic and pluralistic societies. Recognizing valid customs within legal reasoning ensures relevance, adaptability, and public welfare (Maslahah), without compromising the core objectives of Shariah.