The Effect of Custom on the Change of Rulings in the Context of Oaths in the Hanafi School

Abstract

Objectives: This study investigates the role of custom (ʿurf) in Hanafi jurisprudence, with a special focus on its influence in the chapter of oaths (aymān). It aims to demonstrate how custom functions as a recognized source of law and how oath expressions are interpreted in light of prevailing social practices.

Methodology: The research employs an analytical and inductive approach by tracing discussions of custom in leading Hanafi texts such as al-Mabsūṭ and Badāʾiʿ al-Ṣanāʾiʿ. These sources are analyzed to identify the juristic principles and reasoning underlying the reliance on custom.

Findings: The study concludes that custom is central to the Hanafi treatment of oaths, where meaning follows social usage rather than purely linguistic or technical definitions. It further shows that Hanafi jurisprudence demonstrates notable flexibility, adapting rulings to changes in time and place, thereby affirming Islamic law’s enduring capacity to respond to evolving realities.