Sources Of Islamic Law Research Articles

Progresifitas Pemikiran Hadis Muhammad al-Gazali

Hadith as the second source of law in Islam, always will continue to get the spotlight or study that develops according to the times. Although the hadith is seen as the second source of law, the position of hadith is still very central in shaping the religious understanding of a particular person or group. It can even surpass the portion of the Qur’an as the main and principal source. This sides of the Hadith are regarded as explanations or details of the Qur’an. With such a very central position, then the study of hadith also experienced the development. For example, the development of Muhammad al-Ghazali. In this case, he tries to progressive in understanding the hadith, so what he does is not uncommon to get censured, and sharp criticism. This progressiveness he did with the aim of shaping the understanding of traditions that more adjust the times, or the demands of the international world. So that the teachings of Islam are considered highly relevant to the development of the times. Through this article, the author tries to explain how the pregresivitas thought of Muhammad al-Ghazali. The thought of al-Ghazali is based on personal anxiety and an awareness of the history and reality that is afflicting Muslims and Islamic countries that are always under the control and control of Western nations. How the thoughts and solutions offered by al-Ghazali in understanding hadith is necessary to be studied, so that the understanding of hadith in contemporary times is more significant and relevant to modern social conditions.

Studying based on Prophet's Hadith Perspective:

This discussion is intended to determine the degree of the Prophet's hadith. in Sunan Ibnu Majah No. 220. This hadith explains the virtues of scholars and the urge to study. This study uses a qualitative approach with a literature study method. Researchers used data collection techniques based on information in literary sources in hadith books, books, journals, seminar results, and discussions with experts relevant to the research theme. The data obtained then the researcher analyzes through qualitative data analysis through the data interpretation process, and the researcher provides an adequate explanation. Based on the results of the discussion, the hadith of the Prophet. in Sunan Ibnu Majah No. 220 is a dhaif hadith because in the hadith there is' illat (defect), a break in sanad, and a defect in the hadith narrator. From several lines of supporting hadith, none of the hadiths can raise the hadith's degree because all of them are weak in nature. From several lines of supporting hadith, none of the hadiths can raise the hadith's degree because all of them are weak in nature. However, according to some scholars, hadith dha'if can be used as hujjah (practiced) only for the basis of the virtue of charity (Fadla'il amal). The implication of this paper is to clarify the law (quality) of the Prophet's hadith. in Sunan Ibnu Majah No. 220. Hadith that has been in Takhrij can be scientifically accounted for its quality, so that it is no longer hesitant to be used as a source of Islamic law after the Al-Qur'an.

The Maximus of Necessity and Its Application to Organ Transplantation: An Islamic Bioethical Perspective

Islam is second largest religion being practiced around the globe. It is fastest growing believe and rapidly expanding in the western world despite several misunderstanding including Islamic standpoint on organ transplantation and tissue grafting. The objective of this study is to determine the Islamic view point on organ transplantation and tissue grafting with special reference pertaining to human needs under the ambit of Shariah doctrine of necessity and world religions. Since, Islam and other world religions have given immense consideration to humans whether they are alive or dead, and the desecration of human body is considered a violation sufficed to a great sin. Injunctions of the holy Quran and Sunnah have evidently expressed sanctity to human life/body. Hence, taking one’s life without a legal rights or even inflicting any sort of harm, injury, and aggression against an individual is terming an unlawful act. Notably, some scholars contended that, classical jurists’ are silent on the issue of organ transplantation predominantly the transfer of organs from one species to another species. But, in reality, our argument is that, the organ re-plantation can be seen in the Prophetic era. However, as per their view, the reason is obvious, since the organ transplantation associated with the advancement of science. Accordingly, the recent progress in transplant sciences were not totally known to the classical jurists, although, issues pertaining to the sale of human organs have been discussed by them (jurists). Similarly, many other innovative matters can be seen in Prophetic traditions, and that is why, as per jurist’s assertion, it can practically be traced in the Prophetic era.Consequently, this study argues that, the permissibility of organ donation and transplantation somehow mentioned in the main sources of Islamic law and biomedical ethics. Therefore, the basis and rules of permissibility will be derived while discussing organ transplantation, particularly in homo, allotransplant and other inter-related issues under the rubric of necessity doctrine.
 Bangladesh Journal of Medical Science Vol.20(3) 2021 p.511-524

A Critical Study of G. H. A Juynboll's Methodology in the Study of Hadith

This article analyzes methodology of an Orientalist, G. H. A Juynboll in Hadīth. He is one of those western scholars who has focused on the second primary source of Islamic Law and has developed skeptical theories related to its authenticity and provenance. He relied on early scholars' theories in this discipline and supported their thesis with a bulk of arguments from the early Classical Islamic Sources. A follow-up of his methodology reveals some scientific methodological errors in his studies on Hadīth that led him to a false conclusion. This study discusses the loopholes in his methodology and supports every point with illustrative examples from his works, revealing that Juynboll followed a selective method in his studies and reached his desired/concocted conclusion.

Desain Kontruksi Ijtihad Ushuliyah Imam Al-Syafi’i

Imam ash-Syafi’i is the founder of ash-Syafi’i school (Shafi'iyah) as well as the first jewel layer of the science of ushul fiqh, as Aristotle laid the foundation of logic. Because he had contributed in composing a ushul fiqh logically, critically and systematically in his monumental work, ar-Risalah. This article focuses on reviewing the construction of ijtihad imam asy-Syafi’i with a concept analysis approach. According to him, the arguments and sources of Islamic law are based on; a) al-qur’an, as-sunnah, ijma`, and qiyas. While in al-Umm, he included qawl shahabah as one of the basis of Islamic law. The construction of ijtihad which he initiated has its own characteristics by combining manhaj ijtihad patterns ahlu al-ra'yi and ahlu al-hadith. The emergence of Imam al-Shafi’i ended a fierce polemic from followers of both faction. However, the legal products he designed do not contain absolute truth, because the results of ijtihad can be true and can also be wrong. He stated my opinion was correct but it could be wrong and the opinions of others were wrong but it could be true.

Islam and Trans-Border Humanity: Humanitarian Intervention in the Perspective of Islam

This paper is trying to find the connection between humanitarian intervention and the basic value of Islam. Humanitarian intervention is the current controversial international law phenomena because it is categorized as an action which violated the sovereignty of another state. Humanitarian intervention defined as an intervention performed by a state or a group of states towards another state with the aim to stop or prevent a humanitarian crisis caused by widespread crimes against humanity and gross violations of human rights. There is a strong connection between the basic value of Islam and humanitarian intervention, especially in the context of humanity. Islam is a religion that respects humanity even if it is only a single soul, in the Quran chapter of Al Maidah verse 32 mentioned that whoever kills a soul unfairly it is as though he had killed all mankind. There are also many sources of Islamic law mentioned the importance of humanity even in the war condition. This paper uses traditional descriptive comparisons between humanitarian intervention and Islam, examine the basic principles of humanitarian intervention and compare it to Islamic law and ethics. The Islamic value is still relevant until nowadays as the guidance in human life, it is even relevant to the complexity of the current international law phenomena like humanitarian intervention.

ARABIC: تغيير الفتوى بمقتضيات الزمان والمكان

Islamic law, by having features in its principles that are fixed and variable, expresses its authority in any situation and time. Of course, this feature reflects the unique legislative miracle of Islam itself. The source of Islamic law is divine and heavenly, so it has always descended directly through the revelation of Allah Almighty, the Lord of the worlds, and has been arranged according to His wisdom and providence and has been considered in the context of time and place according to their nature and needs. Changing of a fatwa is the change of one rule in a specific issue to another one along with a Sharia cause that agrees with the aims and purposes of the Sharia. Therefore, there is no change in the prescribed rules and the fixed principles of Shari, but Ijtihad, Qiyas and expedient rules can be changed; Because there are many rulings that have been permitted for expediency, after the passage of time and the change of place have led to corruption, which again has become impermissible. The rule of fatwa changing has been valid in the Sharia; Because, on the one hand, the Companions and their followers have used it in their ijtihad fatwas, and on the other hand, Islamic jurisprudence is a developmental debate that progresses together with the caravan of life, no awareness of the demands of time, place and scientific development is synonymous with depriving the Islamic Ummah from virtues and facilities of life, so it is necessary that the change of the fatwa has to be compatible to the change of expediencies, otherwise it will lead to corruption and harm. Statement of the problem: The Islamic jurists have divided the Islamic rules into fixed and variable. This means that the prescribed laws, which are in harmony with meek nature, do not accept changes but the rules which are based on ijtihad can be changed. The discussion of changing the fatwa and its temporal and spatial factors is one of the important issues of jurisprudence that scholars have paid attention to and therefore the answer to these two questions is necessary for the researcher whether changing the fatwa is permissible? Are the requirements of time and place effective in its changing?

Criticism Towards Shaḥrūr's Concept of The Prophet's Sunnah

This article deals with the concept of Sunnah proposed by Muḥammad Shaḥrūr and offers a criticism towards his tendency to the denial of the Prophet’s Sunnah (inkār al-Sunnah). Shaḥrūr rejects the Ḥadīth and Sunnah as the second source of Islamic law, by reformulating and redefining the concept of Ḥadīth and Sunnah. Shaḥrūr distinguished between Ḥadīth and Sunnah. According to him, the Ḥadīth is the Qur’ān itself, and the Sunnah has been the practical application (ijtihād) of the Prophet to implement what was revealed to him. Shaḥrūr’s rejection and denial of Ḥadīth and Sunnah are based on the argument that all Ḥadīths were filled with the story of Isrā’īliyyāt. The tendency towards inkār al-Sunnah represented by Shaḥrūr is not a completely new idea, since this position was also conceived by several previous figures. However, despite the fact that Shaḥrūr’s inkār al-Sunnah as argued on the basis of a new approach to Ḥadīth studies, this article reveals that Shaḥrūr’s understanding of, and his tendency to deny, Ḥadīths or Sunnah reflect his opposition against orthodox views on the Prophet’s Sunnah.

مسندامام احمدبن حنبل میں مخضرمین راویان ِحدیث : تعارفی جائزہ

Sunnah is second authentic source of Islamic law. It is the one of the real blessing of Allah that He created religious scholars and aeimma for writing, memorizing, defending and Rawayat wa darayat of these sunah .The struggles and services of Imam Ahmad bin Hanbal (Rahimahu Allahu Ta'ala) for Ahadees are praise working.He was born in Marw on the 20th of Rabi-ul-Awwal 164 A.H.He was a very pious scholar who devoted all his life in the Science of Ahadith and Fiqh.He wrote many books but His most famous book is his "MUSNAD".A book in which he collected about 50 000 to 70 000 Ahadith. His book Musnad Ahmad bin Hanbal is a true treasure of knowledge.This book has many qualities, one of the distinctive quality of this book is that Mukhzramen-e-Rawat have been mentioned here.
 Mukhzrm is a person who lives during the age of ignorance (zamana e jahiliyat) and age of Islam but He accepts Islam after the death of Holy Prophet (PBUH). This paper is an attempt to highlight the Mukhzramen Rawat.
 اللہ تعالٰی نے قرآن مجید نازل فرما کراس امت پر عظیم احسان فرمایا،جس میں زیادت ونقصان اور تحری

ANALISIS HUKUM ISLAM TERHADAP PERBEDAAN PEMAHAMAN TENTANG NIKAH KEKERABATAN

The purpose of this research is to know how the concept of kinship marriage in Islamic law. The research method used is the content analysis method, with the primary source being the source of Islamic law (hadith) regarding the prohibition of marrying a woman who is still a family relationship. analysis steps, namely: first, formulate the problem to be studied. Second, the author determines the authenticity of the hadith as a source of Islamic law. Furthermore, in the third step, the author categorizes the views of the ulama on the argument of the hadith regarding the prohibition of marrying a woman who is still a family relationship. Furthermore, the data is described. The trick is to compare the opinions of the scholars about the hadith prohibiting marriage with women who are still related to the family. The results showed that, the prohibition of marrying a woman who is still a family relationship, the textual text of the original law is that it is permissible to marry her.

Maqāsid al-Sharī‘ah. Origins and definitions of the general philosophy of Islamic law. By Dr S.LM RIFAI

: The primary objective of this article is to trace the origin and history of the principles of the general philosophy of Islamic law. Where did the Muslim scholars get the ideas of the general philosophy of Islamic law? Do the ideas and Ideals of the general philosophy of Islamic law come from the primary sources of Islamic law. How do we say that the general philosophy of Islamic law is an Islamic science in its substance, spirit, and essence? Is there any alien intellectual or philosophical influence upon the general philosophy of Islamic law? How did the classical Muslim scholars come up with the ideas and principles of the general philosophy of Islamic law? How did they identify the ideas and ideals of the general philosophy of Islamic law? How did they define them? This paper explores all these questions briefly and precisely.

Interelasi Akal dan Wahyu: Analisis Pemikiran Ulama Mutakallimin dalam Pembentukan Hukum Islam

Tujuan tulisan ini ingin mengungkap dan menganalisis pemikiran ulama Mutakallimin terhadap interlasi akal dan wahyu dalam pembentukan hukum Islam yang selama ini menjadi perdebatan. Perdebatan tersebut disebabkan beberapa faktor di antaranya pemahaman terhadap teks Alqur’an maupun Sunnah, tempat tinggal, sosial, dan budaya. Dalam artikel ini, penulis menemukan bahwa ulama Mutakallimin sepakat untuk menjawab persolan hukum Islam tidak lepas dari sumber pertama, yaitu Alqur’an dan Sunnah. Apabila dalam Alqur’an dan Sunnah tidak ditemukan, maka ulama Mutakalimin sepakat menggunakan ijtihad dan qiyas. Ijtihad dan qiyas adalah hasil nalar akal para mujtahid terhadap wahyu Allah SWT yang maknanya masih belum jelas, global dan umum guna mengungkap maksud dan tujuan wahyu Allah terhadap persoalan kehidupan manusian sehari-hari. Dengan demikian, para ulama Mutakalimin memposisikan akal manusia dalam pembentukan hukum Islam sebagai mediasi dari dalil ‘aqliyah guna menjawab persoalan manusia sehari-hari baik dalam ibadah, zakat, muamalah, ekonomi, dan politik. Selain itu, ulama Mutakallimin memiliki konsep metodologi hukum Islam yang berbeda, akan tetapi sumber utama dalam pembentukan hukum Islam yang disepakati bersama adalah Alqur’an, Sunnah, ijma’, dan qiyas. Ijma’ dan qiyas di sini memiliki peran penting dalam insting akal terhadap wahyu, sehingga mampu mejadi jembatan pembentukan hukum untuk menjawab persoalan manusia seiring dengan tempat dan zamannya.

اوامر شرعیہ میں تیسیر کے پہلوؤں کا تحقیقی مطالعہ

Research study of aspects of Taseer in Sharia orders Islam is the complete code of life. Islam is sensible in all its aspects and practices. Islam looks to the benefit of the society from a general perspective. The purpose of Islam is to promote the welfare of the people, which lays in security of their faith, their life their intellect their posterity, their wealth. Shari’ah distinguish two principal branches of law, ibadat (rituals) and mu’amlat (social relations). Islamic Law is flexible and applicable in whatever physical and geographical condition, due to its international and eternal address to all human being. Therefore, it is consider in institution of Ahkam, different situations faced by mankind, and creates out ways according to need of time and addressed person. In this article study of commands of Allah almighty will be studied from such of facilitating aspect. Needs and comforts are things which people seek ensure a good life and avoid hardship. That how disabled, patient, and other troubled peoples has been backed in following command of Islamic law. The study will be purely research based and supported by authentic sources of Islamic law.
 Keywords: Islam is the religion of Mercy, Aspects of ease in shari’ah Commands, Needs and Comforts, Flexibility in Application of shari’ah, Aspects of ease in ibadat, Aspects of ease in social relations.

THE DEFINITION OF THE SUNNAH ACCORDING TO ISMAILISM: A CRITICAL READING

This research discusses the understanding of the sunnah according to Ismailism. The understanding of the Sunnah has been dominated by the definition of sunnah according to Sunni, the characteristic of Sunni in understanding the concept of sunnah by using Sunnah as a source of Islamic law and also giving more attention to the ahl bayt and also to the Sahaba. This notion is different from Shi’ah’s thought that only believes in ahl bayt, regardless of Sahaba. The difference between the two groups in seeing the degree of Sahaba makes the deferent of sunnah among them. By researching some of the of Ismailism’s thought in the definition of sunnah, this study is expected to contribute ideas related to Ismailism's method in understanding the sunnah, and in judging the authenticity of sunnah, and to analyze the consistency of application to the sunnah according to Ismailism. This research shows that Ismailism followed esoteric approach to understand the concept of sunnah. This approach causes the sunnah position is not prioritized in the scientific structure of Ismailism. The reason for the small concern in Ismailism’s thought towards the Sunnah is basically started from their understanding about the verses of the Holy Qur'an, and their esoteric interpretation corresponds to the pillars of Ismailism. Keywords: Ismailism, Sunnah, Sunni, Shi’a, Critical Reading

Halal Standards Globally

The global Muslim community, with its fastest-growing size, has made the global halal industry to become one of the fastest-growing markets in the world. The industry, as of 2018, with its significant annual growth rate, has a global market value of US$2.2 trillion. However, a number of inhibitors have slowed down the growth rate of the industry. One of the pressing issues within the halal industry is the lack of a universal halal standard. There are many halal standards that exist globally, and they vary from country to country. For example, Malaysian Standard, Halal standards by Standards and Metrology Institute for Islamic Countries (SMIIC), Halal Standard of Indonesia, United Arab Emirate (UAE), Brunei, Singapore, Pakistan, and others. Some of these standards are widely recognised and acknowledged by many countries across the world. Hundreds of Halal Certification Bodies (HCBs) of many countries are using these standards as reference for halal certification after getting recognised by the respective organization. Additionally, the number of applications by HCBs is increasing globally due to the rising demand for halal products and services. Most of these HCBs have received recognition from more than one accrediting bodies. This is because of the consumer trust and reliability on different standards. A lot of commonalities are observable amongst these standards because of the same primary source of Islamic law, i.e. Al-Quran and Al-Hadith. On the other hand, a significant gap or diversity is found in the implementation of the definition of halal and halal standards globally. Such diversity and differences in these standards have become a major obstacle of market entry by the industry players and Small and Medium Enterprises (SMEs) to expand their business. In this regard, a universal halal standard is crucial as the global halal industry targets the same consumers (Muslim population) to meet their faith-based needs. To address this issue, the foremost important step to be taken is to identify and realize the commonalities and differences among these halal standards globally. Simultaneously, it is also needed to know the factors of creating similarities and diversities. Such realization will enable the policymakers and Islamic scholars to come forward and work together to develop a universal halal standard globally. The objective of this paper is to critically analyse this matter by investigating the four most popular halal standards, which are the standards of SMIIC, Malaysia, Indonesia, and Singapore. To achieve the objective, this paper adopts the methodology of content analysis by reviewing the literature on halal standards globally. Additionally, the four most popular halal standards were investigated to realize the commonalities and differences. This study will be the first to compare the halal standard of SMIIC with other well-established halal standards globally. Interviewing Islamic scholars from different countries for respective standards was beyond the scope of the study because of time and other constraints.

Nature of Islamic Law

The following topic is about the nature as well as sources of Islamic law which are divided into primary and secondary sources. These sources of Islamic law are discussed in detail. Side by side, basic difference between Shariah and Fiqh is also discussed. It also contains information with respect to the subject matter of Islamic law.

The rule: (There is no crime and no punishment except by the text) of a jurisprudential study through the Qur’an and Sunnah

Islamic Sharia is considered a complete and comprehensive law for all the requirements of life. The Holy Qur’an is the first fundamentals of Sharia, indicating its provisions and supported by the noble Sunnah, and it is the second source of Islamic law. Its sources, and the significance of the Holy Qur’an in its entirety, dedicated to its year and limitation to the absolute. It has a legal text, and the act or omission is not considered a crime unless this act is forbidden or imposed by divine legislation. This is because the legislator has to state what he is being punished for, and this meaning is mentioned in the rule: ((There is no crime or punishment without a text ((
 The main question in this paper is how did Islamic law deal with this rule?
 And the sub-questions: What is the meaning of the rule and its vocabulary? What are its evidence and its most important applications?

The Development of Family Law Materials in Bahtsul Masail Nadhlatul Ulama


 
 
 Family law has a very important position in Islam. Its position as the core of sharia is related to the assumption that family law is a gateway to understanding more about Islam. The reform of Islamic family law in Indonesia has gone through a long and long process. In the process of its formation, the material for family law in Indonesia was taken from various sources, such as fiqh books, fatwas, and other sources of Islamic law. Nahdatul Ulama (NU) is one of the Islamic organizations in Indonesia that has contributed to the development of Islamic family law material. One of NU's real contributions in enriching material on Islamic family law in Indonesia is through the Lajnah Bahtsul Masail (LBM) forum. This paper will discuss the development of family law materials through the Lajnah Bahtsul Masail forum. This paper is the result of qualitative research. Sources of data in this study consisted of primary and secondary data. Analysis of the data in this study using content analysis method. Bahtsul masail as the collective ijtihad of NU members has made a real contribution to the development of Islamic family law material in Indonesia. Various new phenomena that arise both due to technology and cultural differences have received fiqh answers through bahtsul masail. This is indicated at least by the similarities between several legal decisions and the marriage law in Indonesia.

The importance of Hadith and Sunnah in Islamic way of life: A research review

Muslim Ummah agrees that correct and authentic Ahadith are building over all the Muslims. Several verses of the Holy Quran commands sincere obedience of the Holy Prophet (peace be upon him) is obligatory and is a religious duty of a Muslim. The way of the obedience of the Holy Prophet (peace be upon him) is to follow his footsteps and his teachings. His correct Ahadith should be referred in resolving all sort of religious problems and his authentic Ahadith are secondary source of Islamic law after the Holy Quran, because our Holy Prophet (peace be upon him) is a central figure of Islam. In this research paper, in the light of the views of experienced lexicographers, the lexical and intellectual meanings of the Sunnah has been explained; and importance of Hadith-o-Sunnah has been explained to live the life in Islamic manner.

CAFERİ MEZHEBİNDE ÖRF VE SĪRA ‘UQALĀİYYA ( AKLA DAYALI ÇIKARIM) DELİLLERİ ARASINDAKİ ETKİLEŞİMİN ZAMANSAL ANALİZİ

In the Ja‘farī school of law, jurisprudence is not conceived as a civil act, but is instead held to be a religious practice that orientates towards eschatology and theology. The scholarly focus has converged upon the proposition that human society would not reach the true path and salvation unless limitations on the actions and appetites of each individual were first put in place by Islamic ideology (that is explained by the Prophet and Imams). From the point of Ja‘farī scholars, God has sought to impose boundaries upon human activity by putting in place five categories which encompass positive law in its entirety: absolutely forbidden actions (ḥarām), indispensable or expressly commanded actions (wājib or farḍ), admissible or permitted actions (mubāḥ), recommended or desired actions (mustaḥabb or mandūb) and reprehensible or offensive actions (makrūh). In the absence of solutions or rulings that can be achieved through the application of legal texts and methods, the principle of custom (‘urf) emerges as a valid source in response to the impossibility of restricting social issues that pertain to the jurisprudence. At this point, the resort to ‘urf which is applied as a legal principle in urgent circumstances may become an indispensable part of Islamic law that helps to validate the given solution or to categorise the permissible acts within the Ja‘farī school of law. The application of ‘urf might be considered as an affirmation of the position which holds that primary issues of faith (i‘tikād) should be determined with reference to the original Islamic sources including the Qur’an, the Sunna, icmā’ (consensus), ‘aql (reason) according to Ja‘farī school of law. However, here, it should be remembered that the scholars frequently advocate flexible and pragmatic approaches in the sphere of social relations (mu‘āmalāt). The implementation process of rules for cases pertaining to social relations can be said to have given credence to ‘urf being applied directly as a legal principle or as a subsidiary factor that relates to the interpretation of various legal principles. It is quite conceivable that the application of ‘urf will result in changes to legal methodologies and temporary legal rulings that had previously given by the early scholars of Ja‘farī school of law. The flexible nature of Islamic law in the scope of mu‘āmalāt authorises the scholars to interpret the legal sources (in harmony with the necessities of time and place) by using various legal methodologies. It is in fact the case that scholars are required to acknowledge the changing needs and habits of contemporary time during the jurisdiction process by preserving the formal framework of religious sanctity. The scholars have sought to set out the principles in more detail along with the conditions of their implementation. These principles relate to cases in which the true ordinance of God is not clear or deduced from the main sources of Islamic law. At the initial and foundational periods of the school, the classical Ja‘farī scholars openly referred to ‘urf as an independent source of ruling. However, the scholars of later and contemporary period have avoided to address ‘urf directly but prepared a substructure with ‘urf in order to use it during the interpretation of procedural and secondary sources. Among these sources, especially the principle of sīra ‘uqalā’iyya has gained a prestigious position and expanded the range of its validity in legal area according to explanations of recent Ja‘farī scholars. The principle of sīra ‘uqalā’iyya in operating as a legal constraint, prioritises the local conditions of the region and simultaneously operates at the level of theory and practice. The analogical and etymological comparison between the principles of ‘urf and sīra ‘uqalā’iyya clarifies that ‘urf (which finds its origin in the daily practices of people) is considered more vulnerable than and sīra ‘uqalā’iyya (which finds its roots in the rational practices of people).