Beyond Verbal and Practical: Constructing ʿUrf Fikrī as a Third Category in Ḥanafī Custom Theory

Despite its central role in the linguistic interpretation and the application of legal rulings to social change, the custom (ʿurf) theory in Islamic law contains theoretical problems stemming particularly from its binary classification into verbal and practical (qawlī and ʿamalī). This study takes the Ḥanafī school, which has distinctive approaches to custom, as its primary framework, aiming to identify whether this binary classification is sufficient to cover all dimensions, and whether it is necessary to conceptualize another distinct category. To this end, by employing qualitative document analysis, the study identifies the problems in both classical and modern literature, then proposes an original solution: the category of ʿurf fikrī (mental custom). Falling outside the traditional verbal–practical dichotomy, this new category represents collective modes of thinking and established social perceptions. It is positioned as a legal presumption (qarīna) that determines the presence of the operative cause (ʿilla) in the ijtihād of taḥqīq al-manāṭ. Ultimately, by demonstrating through concrete examples that custom is not confined to speech and action alone but also encompasses the dimension of social opinion, the study provides a framework that enables a more accurate and consistent utilization of custom as legal evidence in resolving contemporary jurisprudential issues.