شرعی و قانونی احکام میں عرف و عادت کا اطلاق

Application of ‘Urf’ and ‘Adat’ in Shariah and Legal Orders

Abstract

Application of alias and habit is an important topic in Sharia and legal rulings. Custom and custom are the customs and traditions prevalent in a social or cultural group that play an important role in social life. The application of nickname and habit has been seen by different Islamic jurists and legal experts from different angles. In Islamic Shariat, nickname and habit are applied in many cases. If not, then the order can be made based on the nickname and habit. For example, many rulings in marriage, trade, and social relations are based on custom. Custom is also used in general matters, such as matters of clothing, food, and living. If something is not prohibited by Sharia and is in accordance with custom and custom, then it can be accepted. Custom and custom are taken into account in agreements and resolutions so that justice can be done between the parties. For example, custom and custom are taken into account in matters of profit and loss distribution, working hours, and payment of wages in trade. Custom and custom are also important in the legal system, especially in those laws that govern social norms. Alias ​​and habits are used as evidence and evidence in legal matters related to life. For example, a custom in a particular area can be presented as evidence that the people there generally do the same thing. Institutions also make laws based on customs and habits so that they are common to the people. Expectations and social customs. Courts also take into account custom, especially when there is no clear direction in law. In such a case, the judge can decide by looking at the nickname and habit. In Shariah and legal orders, the importance of nickname and habit has its place, but its limits are also set. If a nickname and habit is against the clear rules of Sharia, then it cannot be accepted. For example, if a nickname legitimizes something forbidden, then it will not be accepted in the Shariah sense. Even in the legal system, if a nickname or habit is against legal principles or human rights, it should be rejected. Can. The application of custom and habit is an important and useful principle in Sharia and legal rulings, which makes the rulings more effective and acceptable by taking into account the social and cultural context. However, it should be applied within Shariah and legal limits so that the requirements of justice and fairness can be fulfilled.