Islamic Jurisprudence and the Role of Custom

Islamic Jurisprudence and the Role of Custom Synopsis

An analysis of the connection between Islamic law (shar??a) and custom (?urf), identifying the ways in which personal and social issues are treated within contemporary Saudi and Iranian legal approaches. Approaches adopted by Saudi-?anbal? and Iranian-Ja?far? scholars towards the shar?? status of ?urf in three particular categories are examined; the methodological perspective (classic and contemporary), the shar?? opinions of scholars (fatw?) and the court verdicts of judges (a?k?m). The interaction between custom and textual authority is emphasised, developing an analytical framework of shar‘? rules that pertain to social relations in general and marital issues in particular.