CUSTOMARY USE AS LAW IN SABAH

Malaysia is a country that has a diverse society with various races, ethnic groups, religions, languages, customs and cultures. Each ethnic group practices its own customs, cultures and traditions that are different from each other. They are also free to practice their respective religious beliefs but the official religion used in the Federation of Malaysia is Islam and this is written in the Malaysian constitution. Therefore, of course, the various customs, cultures and traditions that are practiced are largely based on the beliefs of their respective religions. Of the many customs, cultures and traditions that are practiced, some are in accordance with Islamic law, in other words, they do not conflict with Islamic law, and some are also in conflict with Islamic law but are still practiced by some people and consider them as part of the teachings of Islam. Starting from the ignorance of the community about these customs, cultures and traditions, it is necessary to clarify as clearly as possible which one of them does not conflict with Islamic law and can be practiced in life. Among the methodologies used to resolve this issue is the Study and Reading to study, read and examine which of the customs, cultures and traditions that are practiced do not conflict with Islamic law and can be practiced in life. The Comparative Methodology is used for the purpose of comparing the customs, cultures and traditions with the customs, cultures and traditions that are permitted in Islam based on Islamic evidence and also by comparing the opinions of the scholars of the four schools of thought (Imam Hanafi, Imam Maliki, Imam Syafie and Imam Hanbali) regarding their agreement and disagreement or differences of opinion in a law so that the best resolution can be concluded and determined and the last methodology used is the Law Producing methodology with the aim of reaching a legal result whether the customs, cultures and traditions can be used that do not contain elements that are forbidden in Islam such as free mixing between men and women, exposing the aurat, associating partners with Allah, and does not give rise to polemics of bid'ah or superstition. At the end of the discussion, it can be concluded that there are many customs, cultures and traditions practiced in society that conflict with Islamic practices but are not realized by them due to a lack of religious knowledge and following the practices of their ancestors, which they think are from Islam.