عصر حاضر کی تناظر میں عرف اور عادت کی شرعی حیثیت: ایک تجزیاتی مطالعہ

A study of the Legal Status of Custom and Norms in the Contemporary view vis-à-vis Islamic Perspective

Abstract

The unique feature of Islam is its comprehensive code of life. This proves its indispensability and worth as the universal order which accommodates complex issues of human life without compromising on its fundamentals. Hence, it is a matchless way of life on this planet .Keeping in view the modern specification of the current age in respect of those countries which tend to modify their legislations and their political, economic and social institutions as per Islamic framework. In this regard, a part from the fundamental and core Islamic sources of jurisprudence like the holy Quran, traditions of the holy Prophet (Hadith), consensus of Muslim scholars (Ijma) and Analogy (Qias), there are other sources like ‘Decorum’ (Istihsan) and ‘Arbitrariness’ (Masalih e Mursalah) to play their effective and significant jurisprudential role to address the numerous social issues by honoring the customs and norms already prevailing in any particular society. The article under discussion speaks of the distinct characteristic of Islam that it is a religion of nature and takes care of natural necessities of human life. Already prevailing customs and norms in human society are not subject to disregard or straight rejection. Islam puts a considerable endeavor not to confront the wisdom of the society by sweeping its norms and customs unnecessarily. Conditions imposed by Islam to formulate any society are specious enough which accommodate many of the customs and encompass overwhelming norms in it. But being the sincere guardian of the humanity, on the other hand, it does not miss its significant reformative role to play with reference to those customs and norms which appear contrary to its fundamentals