Kaidah Fiqh Ke-5 || العادة محكمة || Kebiasaan itu bisa menjadi pedoman Hukum || Part 1 ||

Summary

This video delves into the role of adat (custom) in Islamic jurisprudence, explaining how traditions can guide legal rulings in the absence of clear Sharia texts. It covers key principles, such as the requirement for adat to align with Sharia, the importance of consistency in community practices, and specific examples like determining mahar (bride price) and handling stolen goods. The video also highlights how adat governs practical matters like prayer times and the duration of menstrual cycles, offering a comprehensive understanding of how customs shape Islamic law.

Takeaways

• 😀 Customary practices (adat) can form the basis of legal rulings in Islamic law when there is no clear directive from Shari'ah.
• 😀 Adat must align with Shari'ah and cannot override or contradict Islamic laws. For example, eating carrion is prohibited despite any tradition.
• 😀 Adat is valid when it is consistently practiced by the community. Sporadic or one-time occurrences do not form the basis for legal rulings.
• 😀 If there is no specific Shari'ah ruling, customary norms can be used to guide legal decisions. For example, the determination of prayer times or the term 'meat' in the context of food.
• 😀 Customary practices must reflect the general practice of the community. Individual deviations or isolated cases cannot be used as a legal precedent.
• 😀 Adat must reflect current realities. For instance, wage standards or the value of goods must follow the customary practices of the community at the time.
• 😀 In the case of contracts and agreements, customary practices also apply. For example, dowries (mahr) should be in line with what is customary in the society, considering the social status of the families involved.
• 😀 Customs regarding the proper storage of goods are also significant. Items must be stored in appropriate places (e.g., a motorbike should be kept in a garage), and if not, theft may not be punishable by Shari'ah laws.
• 😀 Adat can guide decisions on whether an action is considered to break a rule. For example, minor movements during prayer (such as moving a finger) may not invalidate the prayer if it aligns with customary norms.
• 😀 The concept of 'hirzi misli' refers to storing items in a safe and acceptable manner, based on customary practice. If items are stored improperly, like leaving them in a public place, they may not be protected under Shari'ah laws for theft.
• 😀 In cases like receiving gifts or bribes, customary practices influence whether something is deemed appropriate. For example, a judge cannot accept gifts from the community members they serve, which would otherwise be considered a form of bribery.

Q & A

What is the fifth principle discussed in the transcript?

The fifth principle discussed is the concept of *adatu muhakkamah*, or customary law, in Islamic jurisprudence. It examines how local customs can influence legal rulings as long as they do not contradict Islamic law (syariat).

How can customs influence legal rulings in Islamic law?

Customs can form the basis for legal rulings in Islamic law when they align with the principles of syariat. If the community considers a practice good, it can be regarded as good by Allah, as long as it does not conflict with established prohibitions in syariat.

What happens if a customary practice contradicts syariat?

If a customary practice contradicts syariat, it cannot override the established rulings in Islamic law. For example, practices such as eating carrion are haram (forbidden) regardless of local customs.

Why is consistency important for a customary practice to be used as a legal basis?

For a custom to be used as a legal basis, it must be consistent and widely practiced within the community. If the custom is frequently changing or inconsistent, it cannot serve as a reliable foundation for legal rulings.

What is the difference between general customs and personal customs in Islamic law?

General customs apply to the entire community and can influence legal rulings, while personal customs, which are specific to an individual, cannot be used to determine legal standards. For example, the minimum duration of *haid* (menstruation) should be based on community norms, not individual experiences.

How do customs apply when there are no specific guidelines in syariat?

In the absence of specific guidelines in syariat, customs can be applied to fill in the gaps. For instance, the duration between *haid* cessation and prayer time can be determined by the community's customary practices if syariat does not provide explicit rules.

Can you give an example of a customary practice influencing prayer times?

An example of a customary practice influencing prayer times is when the sun is obscured by clouds, and its visibility is unclear. In such cases, the community may rely on the customary practice of using a clock to determine prayer times.

How is the standard dowry (*mahar*) determined according to the customs?

The standard dowry (*mahar*) is typically determined by community customs. If the bride does not specify the dowry, it should align with what is customary in the community, with variations based on social status or family background.

What is the role of customary practices in transactions like marriage and employment contracts?

In transactions like marriage or employment, customary practices help determine terms such as dowries or wages. For example, if the wage for an employee is not specified, it is assumed to be the standard rate based on community customs.

What happens if a judge or public official accepts gifts from the public?

Judges or public officials are generally prohibited from accepting gifts from the public to avoid conflicts of interest. However, if it is a customary practice for the official to receive gifts, this can influence the legal ruling on the matter.