مراعاة الأحكام للعرف والعادة: دراسة تحليلية في فكر الإمام القفال الشاشي من خلال كتابه محاسن الشريعة

The Consideration of Good Customs and ‘Urf in Shariah Law: An Analytical Study on al-Qaffal Thoughts Based on The Book of Mahasin Al-Shariah

Abstract

The Islamic Law comes to bring goodness (al-maslahah) to humanity with consideration of their good customs and 'urf. This consideration is a compatibility between Shariah law and logic.  Imam al-Qaffal was among the early scholars in ta’lil (analogical reasoning) of Shariah law especially in his book Mahasin al-Shariah.  The objective of this study is to find out al-Qaffal’s opinions and thoughts on the consideration of customs and 'urf in shariah law. This library research study uses descriptive, inductive and content analysis approaches. The researcher has collected the relevant data and formed the theoretical framework of al-Qaffal’s thoughts through his book Mahasin al-Shariah that’s related to the issue. The result of this study indicates that al-Qaffal believes that Shariah law comes with consideration of good customs and 'urf. Moreover, the customs observed were the customs of the Arabs in the first place, then others who follow them, and customs that were considered the majority customs in society, and not just any customs.  This study suggests that Imam al-Qaffal’s thoughts should be spread to the society, so that they understand Islam properly and accept it as a realistic religion and valid for all times and places.