فقہ المعاملات میں عرف و عادت کی اثر پذیری :برصغیر کی منتخب کتب فتاویٰ کی روشنی میں

Abstract

Islam being the innate religion creates a healthy harmony between Physical world and the world Hereafter. To create the balance, Islam’s fundamental Scriptures give insight about the world Hereafter as well as define the parameters for Worldly affairs. The Fundamental teachings of Islam are totaled by Islamic Jurists into five categories which are Beliefs, Ethics, Worships, Mʿāmlāt and Punishments. The word Mʿāmlāt is generally referred to trade-related issues. However, it is a broad term which encompasses all domains of Islamic Jurisprudence except above mentioned four areas. Mʿāmlāt are closely related to Customs and Traditions (Urf o ʿĀdat) of a society. These Customs and Traditions undergo through evolutionary process according to societal needs. As a result, Mʿāmlāt vary as per social norms, regional traditions or could be entirely different in a far region. In Islamic Jurisprudence, some matters like determination of the meaning of a word are specifically constituted on Urf o ʿĀdat, which is why this source holds a distinctive place among secondary sources of Islamic Jurisprudence. A case study of some selected Fatāwā texts from the Indian Subcontinent is carried out to analyze the impacts of Urf o ʿĀdat on Fatwa Writing of Subcontinent. It also highlights the significance of Urf o ʿĀdat in Fiqh al-Mʿāmlāt. This Article as well depicts how the Scholars has continued the legacy of flexibility in Islamic Jurisprudence.