العرف و أثره في الأحكام الفقهية (فقه العبادات في المذهب الحنبلي)‎ : دراسة تأصيلية تطبيقية

Abstract EN

In this research, I have touched upon an important topic which is: Al-‘Urf (local customs) and its effects in the Islamic Fiqh rulings.

Moreover, I have stated its applications in Fiqh such as in the Fiqh of the acts of worship in the Hanbali Mathhab.

I have started this research with discussing Al-‘Urf, its meaning according to linguistic and Sharee‘ah terminology, then mentioned its validity as Shar‘I evidence, its role, conditions, categories, and its principles that are derived from the basic principle of Al-‘Aadah Muhakkamah (custom is a source for rulings), then moved to discuss the applications of Hanbali jurists of the basic principle: Al-‘Aadah Muhakkamah in their minor Fiqh issues related to the rulings of Al-‘Ibadat (i.e.

the acts of worship).

Then, I have mentioned the Fiqh applications of Al-‘Urf in the ruling of Taharah (Purification) and explaining how they used the rule of Al-‘Aadah Muhakkamah as an evidence in the minor issues and then mentioned the rulings of As-Salah (Prayer), Az-Zakah (Almsgiving), As-Siyam (fasting) and Hajj (Pilgrimage).

I have concluded my research by mentioning some of the Fiqh applications of Al-‘Urf in some modern issues and then stated the results of the research, referring to the importance of Al-‘Urf and its effect in the Islamic Fiqh rulings especially regarding to the Fiqh of the acts of worship.

Then I have advised to widen the scope of the study regarding Al-‘Urf and the rules listed beneath it.

Then I have mentioned all of its Fiqh applications in all Fiqh topics so that it may be beneficial and the study becomes complete.

All perfect praise be to Allah, The Lord of the Worlds and may peace and blessings of Allah be upon our Prophet Muhammad, his household and companions.