‘Urf Sebagai Sumber Hukum Islam

Summary

This video delves into the concept of 'Uruf' in Islamic jurisprudence, explaining how community traditions and customs can become sources of Islamic law. The speaker highlights the importance of these customs aligning with Islamic teachings, distinguishing between valid ('Uruf Sahih') and invalid ('Uruf Fâsid') practices. Through examples like informal sales transactions and dowry customs, the video emphasizes that practices must not contradict halal (permissible) or haram (forbidden) actions. It also touches on the application of 'Uruf' in modern contexts, such as transactions involving unripe fruit or traditional measurements, showcasing its relevance in contemporary Islamic law.

Takeaways

• 😀 'Uruf' refers to customs, traditions, or habitual practices within a community that can serve as a source for Islamic law.
• 😀 Only widespread customs that do not violate Islamic principles (halal and haram) are accepted as valid sources of law.
• 😀 'Uruf' must be practiced by a large community, not just a small group or specific ethnicities, to be considered a valid source of law.
• 😀 An example of 'Uruf' is the practice of 'jual beli muathah' (a transaction without formal declaration but understood as an exchange).
• 😀 In marriage customs, 'takhir mahar' refers to the postponement of dowry payment, while gifts before the wedding are separate from the dowry.
• 😀 In some communities, 'chicken' and 'fish' are not considered 'meat,' and thus consuming them might not be seen as violating vows not to eat 'meat'.
• 😀 'Uruf' can be categorized into two types: 'Uruf Sahih' (valid traditions) and 'Uruf Fasid' (corrupt traditions).
• 😀 Valid traditions ('Uruf Sahih') align with Islamic law and do not permit the unlawful or prohibit the lawful.
• 😀 Corrupt traditions ('Uruf Fasid') include practices like usury (riba) or superstitions that go against Islamic teachings.
• 😀 'Uruf' is applicable to contemporary transactions, such as buying partially ripe fruit or using non-standard units of measurement, as long as they are recognized by society and do not conflict with Islamic law.

Q & A

What is Uruf in the context of Islamic law?

Uruf refers to the customs, traditions, or habits of a community that can serve as a source for Islamic law, as long as they align with the principles of Islam. These customs must be widely accepted by a large community, regardless of ethnicity or background.

Can all customs be considered Uruf?

No, not all customs qualify as Uruf. Only those that are widely practiced by a significant portion of society and do not contradict Islamic law are considered valid Uruf.

What is an example of a valid Uruf in Islamic law?

An example of a valid Uruf is the tradition of buying goods, such as sugar, without formal declarations (like 'I buy, you sell'). The custom of exchanging money for goods without additional verbal agreements is accepted in society and conforms to Islamic principles.

How does Uruf relate to the concept of marriage and dowry?

In many communities, traditions differentiate between the agreed-upon mahr (dowry) and gifts given before the wedding, such as clothes or food. The mahr is treated separately from these gifts, and customs surrounding this are accepted as valid within Islamic law as long as they align with Islamic principles.

Why are some traditions related to the consumption of meat considered valid under Uruf?

In some communities, the term 'daging' (meat) is used to refer specifically to beef, not other types of meat like chicken or fish. Therefore, if someone swears off 'daging' but consumes fish or chicken, they are not violating their oath, as 'daging' in the local tradition does not include those meats.

What is the difference between Uruf Sahih and Uruf Fasid?

Uruf Sahih refers to customs that are aligned with Islamic law, meaning they do not permit what is forbidden or forbid what is allowed. Uruf Fasid, on the other hand, refers to customs that conflict with Islamic principles, such as practices that allow or encourage actions prohibited in Islam, like taking interest-based loans (riba).

Can the practice of buying fruits before they are fully ripe be considered Uruf?

Yes, buying fruits that are not fully ripe but show signs of maturity is an example of a valid Uruf in some communities. Scholars have allowed this practice as long as the fruit has some visible signs of maturity, and it does not contradict Islamic teachings on trade.

What is the significance of non-standard measurement units, like buying 'a plate of rice,' in Uruf?

In Uruf, customary measurements like 'a plate of rice' have a shared understanding within the community. The quantity might not be precisely defined, but the community knows what is meant, even if it includes side dishes like chicken or fish. This custom is valid as it is widely understood and accepted.

Can Uruf be used to adapt Islamic law to contemporary practices?

Yes, Uruf can be a useful tool for adapting Islamic law to contemporary practices, as long as the customs do not violate the core principles of Islam. For example, some modern trade practices, such as buying partially ripened fruits or using informal contracts, can be accepted if they align with Islamic ethics.

What is the general rule for whether a custom can be considered valid Uruf?

A custom can be considered valid Uruf if it does not violate any Islamic laws, such as legalizing what is forbidden or forbidding what is permitted. The custom must be widely practiced within a community and be in harmony with the ethical and legal framework of Islam.