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RESOLUTION NO. 47(9/5)

CONCERNING CUSTOMS

Quote -The Council of the Islamic Fiqh Academy, holding its Fifth Session, in Kuwait City (State of Kuwait), from 1^st to 6^th Jummada al-Oula 1409 H (10 to 15 December 1988);

Having reviewed the papers presented by the Members and experts on “Customs” and Having listened to the discussions held on the subject;

RESOLVES

First:  The word “Custom” means any saying, habits, abdandonment or things people do and get used to.  It may or may be accepted to Shari’a.

Second: If it is a specified custom, it is recognized by those who subscribe to it.. On the other hand, it is a general custom, it is recognized by all.

Third:   To be recognized by Shari’a, a custom should meet the following conditions:

a)      It should be in conformity with Shari’a.  If it contradicts a rule of Shari’a, then it is not acceptable.

b)      It should be permanent or frequent
c)      It should already exist at the time of the issue involved.
d)      The contracting parties should not agree on opposite provisions, in which case it is not enforceable.
Fourth: A Fiqh scholar (whether Mufti or Judge) should not continue himself to dictum contained in Fiqh books without giving due regard to changing customs.

Verily, Allah is All-Knowing - Unquote

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