Reviving the Past: The Role of Sharia in Preserving Forgotten Customs within Islamic Culture

Islamic law not only acts as a legal system, but also as an instrument in maintaining cultural identity and maintaining the continuity of tradition in Muslim society amidst the flow of globalization. This study aims to reveal the position of customs in the Islamic legal system. This study uses a qualitative method with a normative and sociological juridical approach. The results of the study found that Islamic law is universal and permanent, while customs are local and dynamic. In customary practices, there are those that are acceptable and in line with Islamic law (úrf sahih) such as customary practices in the implementation of aqiqah and marriage which show that customs can coexist and there are also customary practices that are not in line with sharia principles (úrf fasid) which must be abandoned. The principle of consistent sharia states that customs can be used as a basis for determining laws and this shows that Islamic law has accommodated customary practices that are in line and rejected practices that conflict to ensure that the applicable legal system is in accordance with divine values ​​and upholds dignity and human values and avoid potential conflict between the two.

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Publication Details

Journal
al-Rasῑkh Jurnal Hukum Islam
Published
2025-04-19
DOI
https://doi.org/10.38073/rasikh.v14i1.2367
Primary Topic
Islamic Studies and History
Type
article
Field-Weighted Citation Impact
0.00
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article

Reviving the Past: The Role of Sharia in Preserving Forgotten Customs within Islamic Culture

Dedisyah Putra, Sabrun Edi, Martua Nasution
al-Rasῑkh Jurnal Hukum Islam
Islamic Studies and History
article

Reviving the Past: The Role of Sharia in Preserving Forgotten Customs within Islamic Culture

Dedisyah Putra, Sabrun Edi, Martua Nasution
article en

Abstract

Islamic law not only acts as a legal system, but also as an instrument in maintaining cultural identity and maintaining the continuity of tradition in Muslim society amidst the flow of globalization. This study aims to reveal the position of customs in the Islamic legal system. This study uses a qualitative method with a normative and sociological juridical approach. The results of the study found that Islamic law is universal and permanent, while customs are local and dynamic. In customary practices, there are those that are acceptable and in line with Islamic law (úrf sahih) such as customary practices in the implementation of aqiqah and marriage which show that customs can coexist and there are also customary practices that are not in line with sharia principles (úrf fasid) which must be abandoned. The principle of consistent sharia states that customs can be used as a basis for determining laws and this shows that Islamic law has accommodated customary practices that are in line and rejected practices that conflict to ensure that the applicable legal system is in accordance with divine values ​​and upholds dignity and human values and avoid potential conflict between the two.

al-Rasῑkh Jurnal Hukum IslamVol. 14(1)
Institut Agama Islam Negeri Bengkulu (ID), National University of Malaysia (MY)
Openalex Percentile: Top 90%
Islamic Studies and History
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