The Instrument of ‘Urf in the Reform of Islamic Legal Rulings: An Analytical Study on Contemporary Fiqh

This article analyses the role of 'urf (custom) as a pivotal instrument in the reform of Islamic legal rulings, particularly within the framework of contemporary fiqh and the consolidation of the Fiqh Sabahi discourse.Grounded in the methodology of usul al-fiqh, the study develops a conceptual framework of 'urf encompassing its definitions, classifications, and criteria for admissibility as recognised by Islamic legal scholarship.The research further explores how 'urf contributes to the formation of mant al-ukm (effective legal causes), influencing legal change in response to evolving societal realities and local contexts.The article also examines the intersection between 'urf and fiqh al-wqi (contextual jurisprudence), illustrating this through critical analyses of selected contemporary legal issues pertinent to Sabah's multicultural society.These include the usage of the term "astaga", halal food determination based on local taste (istitbah al-maalliyyah), Friday prayers with fewer than 40 congregants, the indigenous practice of sogit (customary compensation), the distribution of sacrificial meat to non-Muslims, and the management of non-Muslim deceased by Muslim relatives.The study finds that recognising valid 'urf a in alignment with the objectives of Islamic law (maqid al-sharah) can enhance context-sensitive legal formulations that are both relevant and responsive to local needs.It advocates for a broader integration of 'urf-based ijtihd within fatwa institutions and Islamic legal systems, provided that such customs do not contradict definitive textual sources and serve the public interest (maslaah).In conclusion, 'urf is affirmed as a critical element in Islamic legal renewal, harmonising the authority of scriptural texts with the dynamic realities of contemporary society.