Shari 'ah Customary Laws: A Sociological Perspective

By:
Dr. Younes Soualhi
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The paper aims at investigating Shari‘ah customary laws from a sociological perspective. Since the formative period of Islamic law, custom or urf was perceived as an effective legal doctrine from which Islamic law can be promulgated. It occupies a central position in Islamic legislation, and its ignorance would simply negate a substantial source of Islamic law. The doctrine emphasizes ‘spreading’ (intishar) and ‘constancy’ (ittirad) as two conditions for its validity in the legislative process. However, the question still remains as to how to measure the spread of a custom and how to determine its constancy?

The paper would use sociological parameters to answer this question in an attempt to explore the role of Humanities in religious studies. To address this contention, I will divide this paper into three parts: the first will be devoted to the concept of custom in Islamic legislation; the second would address the question of studying religious issues from a sociological perspective. The discussion would lay emphasis on the possibility of measuring the spread of a custom using the methods of enquiry employed in sociology. The same attempt would be done on the constancy of customs. The third part would be devoted to assess the impact of a measured custom in modern Islamic legislation.


Keywords: Custom, Folkways, Traditions, Habits, Islamic Law, Integration
Stream: Religion, Spirituality
Presentation Type: Paper Presentation in English
Paper: A paper has not yet been submitted.


Dr. Younes Soualhi

Assistant Professor, Department of Fiqh and Usul al-Fiqh, Faculty of Islamic Revealed Knowledge and Human Sciences., International Islamic University Malasyia
Kuala Lumpur, Kuala Lumpur, Algeria

My research interest is in legal studies and their intergration in the Humanities. I'm currently embarked in assessing Islamic legal doctrines from the Human Sciences perspective.

Ref: H06P0396