Customary usage and its practical application in Islamic Law

Generally, think tank of many Muslim preachers is that “customary usage of the society should be distinguished from Islamic law when they implicate their minds into Islamic works. That is the reason, before I have to be gone directly through the identical issues of Srilankan Muslims, would desire to elaborate my little bits of knowledge regarding Islamic aspects of customary usage. But Islamic law, as mentioned earlier in my last article, never disregard its application in the Islamic society. Contrary, the Islamic law gives certain rules to regulate customary usages. Because, these customary usages of the society are verily important to promote their identity among the people or on the particular land. Islam ever would like by these kinds approach that to keep unique forms of practices and it is only depriving facts for others who are not yet Muslim towards the side of Islam.
Custom refers to the prevailing practices of society with respect to their choice of words and their mode of action.

The principle that customary usage is the determining factor basically means that;

The customs of the people are recognized and acknowledged by Islamic Law as long as certain conditions are met. The most important of these conditions is that the custom in question does not violate the dictates of the sacred texts.

Another is that the custom is indeed the prevailing practice in society and is applied in that society on a consistent basis.

The third condition is that the custom must have been in effect at the time when a given activity was initially entered into without there having been any clear expression on the part of the concerned parties indicating something to the contrary.

Finally, the custom must be of a nature that its application can be considered binding on the parties concerned.

Among the evidence for the recognition of custom in Islamic Law is the following hadith related by `Â'ishah:

Hind, the mother of Mu`âwiyah, said to the Prophet (peace be upon him): “Abû Sufyân (Hind's husband) is a tight-fisted man. Is there anything wrong if I take money from him secretly?”

The Prophet (peace be upon him) said: “Take for yourself and your children to suffice your needs according to what is customary.” [Sahîh al-Bukhârî ]

Ibn Hajar al-`Asqalânî, in his commentary on Sahîh al-Bukhârî, observes: “He referred her to customary usage in a matter that was not precisely defined in Islamic Law.” [Fath al-Bârî (4/407)]

Ibn Mas`ûd, the eminent Companion, said: “What the Muslims determine to be good is good with Allah.” [Musnad Ahmad]

Ibn al-Qayyim writes:

On this basis, Islamic rulings are given throughout the ages. Whenever you find a custom in practice, you must take it into consideration, and whenever you find a custom has been abandoned, you must cease to consider it. You must not become unyielding all your life in adhering to what is recorded in the books. If someone comes to you from outside of your own region seeking a legal ruling, do not hold him to the customs of your land. Ask him about the customs of his own land and hold him to those and give your legal ruling accordingly. Do not apply the customs of your country that you find in your books. {I`lâm al-Muwaqqi`în (3/78)]

Quite often, the activities and efforts of Islamic workers need to be arranged and presented in a certain way, and permission might have to be sought. Without taking such pains, no work can be carried out successfully. Therefore, do not reject or condemn such customs as long as upholding them does not entail any violation of Islamic Law, especially when observing such customs reaps benefit for the work at hand.

Keep in mind that the jurists have declared that customary practice among merchants has the same legal strength as the conditions they put forth in their contracts. [Al-Mudkhal al-Fiqhî al-`Âmm (2/1001)] The same thing can be said for Islamic work.