By Ayman Shabana
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Extra resources for Custom in Islamic Law and Legal Theory: The Development of the Concepts of ‘Urf and ‘Ādah in the Islamic Legal Tradition
It summarizes Modern Scholarship 37 many of the views that are otherwise scattered in the literature. In this quotation, Hallaq’s observation about the failure of legal doctrine to recognize custom as an independent formal legal source completely accords with Libson’s earlier conclusion. It is important to spell out precisely what that means: classical jurists have based their analysis of customs on two main criteria: its scope (general [<åmm] or specific [khåßß]) and textual authority (presence or absence thereof).
Later, and due to the changed circumstances, the Prophet started applying moral principles to legal institutions. Schacht tries to prove his point by referring to the moral injunctions in the Qur>ån on several issues. Schacht’s examples, however, remain far from extensive and his assertion flies in the face of an extended historical reality. Schacht notes that during the first century of Islam, customary law was the standard in the legal and administrative fields. The old concept of the sunnah was accepted and smoothly assimilated.
Normative Juristic Approach Ever since the early modern efforts to update the sharí