The ‘Urf can be Saheeh and it can be Faasid, and the ‘Urf that the ‘Ulamaa used as a Hujjah (legal proof) was the ‘Urf As-Saheeh.

The ‘Urf As-Saheeh is the ‘Urf that does not oppose a text from the Shar’iyah texts and does not cause a considered Maslahah (interest) to be lost nor is it most likely to bring a Mafsadah (harmful or corrupt matter). This is like the people being accustomed to the one proposing offering items of clothing or something similar to the one he is proposing to, as a gift whilst having no impact in relation to the Mahr (dowry).

Some of the ‘Ulamaa considered the ‘Urf to represent an Asl from the Usool of Istinbaat upon which the Ahkaam Ash-Shar’iyah are built and as a Daleel from amongst the Adillah Al-Ijmaaliyah (Sources of evidence) like Qiyaas and Ijmaa’. From amongst their statements in respect to the ‘Urf is the saying: “Al-‘Aadah Muhkimah” (The custom resolves or overrides the matter) and the saying: “Al-Ma’roof ‘Urfan Ka-l-Mashroot Shartan” (The known by custom is like the stipulated matter by condition).

From amongst the Adillah (evidences) supporting the Hujjiyah (proof validity) of Al-‘Urf are the following:

1 – From the Qur’aan His Qawl Ta’Aalaa: