العرف و أثره في الفتوى

Abstract EN

Scholars differ in defining convention, habit and Fatwa.

However, they agree in meaning and content.

Convention is what is accepted by souls based on reasoning and innateness’ acceptance to it.

Habit is something repeated without relating it to reasoning, while Fatwa is the telling of what Allah allows and forbids.

There is much evidence that convention affects Fatwa which indicates that convention has some sort of existence in the Islamic law.

Convention has several types, where the difference is based on the topic such as actual, verbal, general and specific, public and legitimate, where the former concerns those where there is legitimate harmness.

Both convention and habit are considered rules in many fields provided that they do not violate a legitimate Quran text.

These include the early age of menstruation, puberty and postpartum, in minimum, most and maximum.

If convention and habit meet the legitimate evidence, then, it should be applied, but if not, it shouldn’t.

All in all, there is some agreement on conditions to consider and apply any type of convention.

These include: no violation of existing Quran text or principle, habit is well-known and applied by the public events, it is based on what precedes not follows.

There are also some jurisprudence conditions such as the principle of what is fixed by convention as what is fixed by sacred text, a precise habit, habit as law, what is not a habit as what is a fact, etc.