The Maliki Principle of Considering Custom and Its Impact on the Contemporary Issues Facing Muslims in the West

Abstract

This study explores the foundational Maliki legal principle of custom (‘ʿurf’) as a dynamic source of Islamic jurisprudence, highlighting its maqāṣid-oriented dimensions and its far-reaching implications for contemporary Fiqh. It investigates how this principle operates as a mechanism for contextualizing legal rulings and mediating between the universality of the Sharīʿah and the diversity of human practices, with a particular focus on its application to the emerging legal and ethical challenges faced by Muslim communities in the West.

The research emphasizes the crucial importance of sound knowledge of local customs and social norms for jurists and muftis engaged in issuing fatwas in multicultural environments. It argues that a nuanced understanding of ʿurf enables juristic reasoning that remains faithful to scriptural principles while being responsive to real-world contexts—thus avoiding both rigid literalism and unwarranted accommodation.

Ultimately, the study calls for a revitalization of the principle of custom within contemporary ijtihād and fatwa methodologies. This revitalization should aim to ensure that legal determinations remain consistent with the higher objectives of the Sharīʿah—namely, justice, mercy, public interest (maṣlaḥah), and the preservation of the five essentials: religion, life, intellect, progeny, and property.