Dr. Latief Awaludin, MA IUrf / Adat Sebagai Dalil Hukum Islam #serialushulfiqih

Summary

The video explores the concept of **‘Uruf** (customs or traditions) in Islamic law, focusing on how regional customs can influence legal rulings, provided they align with Sharia. It emphasizes that **‘Uruf** can be considered a valid source of law, especially when it contributes to the well-being of society. However, customs contradicting Islamic principles, such as alcohol consumption or idolatry, are rejected. The speaker highlights the adaptability of Islamic jurisprudence to regional differences, allowing for a flexible approach to matters like marriage, business, and dietary laws, as long as they don't contradict foundational Islamic values.

Takeaways

• 😀 *Uruf* (local customs) plays a significant role in Islamic jurisprudence, influencing legal rulings based on the traditions of a society.
• 😀 The meaning of terms can vary across regions; for example, the definition of 'meat' may differ, including or excluding fish based on local customs.
• 😀 The concept of *uruf* helps Islamic law remain flexible, adapting to different cultural contexts and regional practices.
• 😀 Islamic legal scholars, or *mujtahids*, use *uruf* alongside other methodologies like *istihsan* (juridical preference) and *maslahah* (public interest) in their legal reasoning.
• 😀 Local customs are only valid if they align with Islamic principles; practices like alcohol consumption or idol worship are rejected because they contradict the core teachings of Islam.
• 😀 *Uruf* is considered an essential part of legal decision-making, particularly when making judgments in areas like trade, marriage, and social behavior.
• 😀 Regional customs are not static; they may evolve over time, and their validity depends on their conformity with Islamic law.
• 😀 The adaptability of Islamic law through *uruf* helps address the challenges posed by diverse societies while maintaining Islamic ethical standards.
• 😀 *Uruf* is a dynamic source of law, enabling Islamic legal scholars to consider the realities of local traditions when making decisions.
• 😀 Islamic law balances universal principles with local customs, ensuring that rulings remain relevant and just for different communities.

Q & A

What is the meaning of 'daging' in the context of a vow in the script?

In the script, 'daging' is interpreted differently depending on the region. In some places, it refers to all types of meat, including fish. However, in other places, it specifically refers to the meat of four-legged animals, excluding fish.

What is the concept of 'uruf' in Islamic law as discussed in the script?

'Uruf' refers to customs or traditions in a society that are considered beneficial or well-accepted based on common sense. It can be a factor in legal decisions, as long as it aligns with Islamic principles and does not conflict with the sharia.

How does 'uruf' play a role in Islamic legal rulings?

'Uruf' is a key consideration in Islamic legal rulings because it represents the customs and traditions of a society. If these customs align with Islamic values and contribute positively, they can be used as a basis for legal decisions.

What is the difference between 'sahih' and 'fasid' 'uruf'?

'Sahih' refers to valid customs that are accepted and beneficial, while 'fasid' refers to harmful or invalid customs that contradict Islamic law and principles.

How does 'uruf' influence economic practices such as buying and selling?

'Uruf' influences buying and selling practices by dictating what is considered acceptable and customary in trade. For example, in some places, a purchase might be considered complete without verbal agreement if the custom in that region accepts gestures or signs as valid agreements.

What is the role of 'uruf' in marriage practices as explained in the script?

'Uruf' affects marriage practices by influencing customs around living arrangements, such as whether a couple is expected to live with the husband’s family or establish their own household. These customs vary by region and are considered when making legal decisions about marriage.

Why does the script emphasize the dynamic nature of 'uruf'?

The script highlights that 'uruf' is dynamic because customs can evolve and change over time, reflecting the adaptability of Islamic law to different cultures and regions. This flexibility allows the law to stay relevant to changing social norms.

How does 'uruf' relate to the legal concept of 'ijab kabul' in Islamic law?

'Uruf' influences 'ijab kabul' (the offer and acceptance in marriage contracts) by determining whether a gesture or action is sufficient to signify consent, based on regional customs. In some places, it might be acceptable for this to be done without words, if the custom supports it.

Can 'uruf' be rejected in Islamic law, and under what circumstances?

'Uruf' can be rejected if it contradicts the core principles of Islamic law. For example, customs involving alcohol consumption or idolatry, which are against sharia, are considered invalid and are not accepted in legal rulings.

What is the relationship between 'uruf' and Islamic legal adaptability?

'Uruf' allows Islamic law to adapt to different regions and cultures by acknowledging beneficial and accepted local customs. This adaptability ensures that Islamic law remains relevant and effective in addressing contemporary societal issues.