Learn the Islamic legal maxim “Al-‘Ādah Muḥakkamah” which states that local custom is considered in Sharia rulings as long as it does not contradict the Qur’an or Sunnah. Explanation, evidence, conditions, and practical examples.
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A major legal maxim proving the flexibility of Islamic law — valid customs are recognized in contracts, marriage, trade, and daily rulings unless they contradict scripture
تعرف على القاعدة الفقهية “العَادَة مُحَكَّمَة” التي تُقر بأن العُرف المحلي يُعتبر في الأحكام الشرعية ما دام لا يخالف القرآن والسنة. شرح المعنى، الأدلة، الشروط، والأمثلة الواقع
Among the broad maxims of Islamic jurisprudence is the powerful rule:العَادَة مُحَكَّمَة — Custom is a decisive reference in law.
This principle means that recognized local customs and practices are taken into account when giving Islamic rulings, as long as they do not contradict a clear text of the Qur’an or Sunnah.
Islam is not a rigid religion confined to one culture. It is a universal law that embraces diverse societies, languages, and lifestyles. Thus, custom becomes a valid source for understanding contracts, resolving disputes, and applying rules in daily life.
Meaning of “Custom” in Sharīʿah.
Custom (العُرف / العادة) refers to what people commonly practice and accept as normal in their community, such as:
- Transaction styles
- Marriage traditions
- Commercial terms
- Social norms
🔸 Common interpretation of words and promises
As long as such customs are stable, widespread, and not sinful, Islam recognizes them and judges according to them.
Proof and Basis
This maxim is supported by the Prophetic legal habit of judging people according to what is customary among them. Also, the scholars said:
الثابت بالعرف كالثابت بالنص
What is established by firm custom is like that established by explicit wording.
🔸 Examples — How “Custom is considered” in real life
1. Commercial language
If people in a region sell “a house” and it is known locally that it includes the land and garage, then that custom is binding even if not written.
2. Marriage expenses and gifts
The amount of mahr, wedding style, or what is included in marital provision often follows local custom unless both sides state otherwise.
3. Employment terms
If a worker is hired and the custom of that profession includes housing or transportation allowance, then it is assumed even if not mentioned.
4. Dress codes
What counts as modest or offensive in public may differ by region — rulings consider custom if it does not violate Sharīʿah modesty.
5. Time limits and deadlines
If someone says “I will return the money soon”, what counts as “soon” is judged by local usage of time customarily.
Conditions — When custom is accepted ?
Not every habit is considered. The adopted custom must be:
- Condition Meaning
- شرعي Not contradicting Qur’an or Sunnah.
- عامّ أو غالب Practiced by most people, not rare.
- مستقرّ Stable and continuous, not changing daily.
- غير مخصّص Not rejected by explicit contract between two parties.
- If a custom goes against an agreed contract, then the contract overrides the custom.
🔸 Benefits and Wisdom of This Maxim
- Makes Islamic rulings flexible and suitable across nations
- Prevents disputes by using what people already understand
- Keeps Islam alive in real society, not in theory
- Protects people from injustice caused by ambiguous words
- Helps scholars apply law to new modern issues without needing new texts each time
Summary
Maxim العادة محكمة
Meaning Custom is a legitimate reference in rulings
Purpose To harmonize Sharīʿah with real-life society
Limits Only if not contradicting Qur’an, Sunnah, or explicit agreement
Islam respects sound human habit. Sharīʿah does not fight cultures — it corrects them only when they oppose divine law. But where no sin exists, custom becomes law.