‘Urf (odat-odob, urf-odat) can be sahih (to'g'ri) and it can be fosid (buzuq), and the 'urf that the ulamo used as a hujjat (shar'iy dalil) was the 'urf as-sahih.

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.

"Urf as-sahih" — bu shariat matnlariga zid bo‘lmagan, e’tiborga olinadigan maslahatni yo‘qotmagan va fasod (zararli yoki buzg‘unchi ish) keltirib chiqarishi ehtimoli katta bo‘lmagan urfdir. Masalan, sovchilik qilayotgan kishi o‘zi sovchilik qilayotgan qizga kiyim-kechak yoki shunga o‘xshash narsalarni sovg‘a sifatida taqdim etishi odatiy bo‘lsa-yu, bu narsalar mahrga ta’sir qilmasa, shunday urf hisoblanadi.

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).

Ba'zi ulamolar 'urfni istinbot usullaridan biri, ahkomi shar'iya asosida yotuvchi asl sifatida, shuningdek qiyos va ijmo' kabi umumiy dalillar (Al-Adillah Al-Ijmaaliyah, ya'ni dalillar manbalari) qatoridagi dalil sifatida ko'rganlar. Ular 'urf haqida aytgan so'zlaridan biri: "Al-'Odatu muhkimatun" (odat hukmni belgilaydi yoki unga hakamlik qiladi) va yana bir so'z: "Al-ma'ruf 'urfan kal-mashrut shartan" (urf bilan ma'lum bo'lgan narsa, shart qilib qo'yilgan narsa kabidir).

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).

Urf (odat) ning hujjatligini (dalil sifatida kuchga ega ekanini) tasdiqlovchi dalillardan quyidagilari:

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

1 – Qur'ondan Allohning Qavli Taolo:

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

2 – Sunnatdan bo‘lgan hadis Allahning Elchisi ﷺ ga nisbat berilgan:

2 – From the Sunnah is the Hadeeth attributed to the Messenger of Allah (saw):

Bu, Allohning Elchisi (saw)ning Payg'ambar etib yuborilishidan oldin arablar orasida mashhur bo'lgan ba'zi urf-odatlarni (a'roflarni) ma'qullashlariga qo'shimcha hisoblanadi. Masalan, Al-Mudaaraba (sheriklik shartnomasi) holati shunga o'xshaydi: rivoyat qilinishicha, Al-Abbos ibn Abdul-Muttalib pul sarmoya qilganda, ishchiga dengiz orqali sayohat qilmaslik, vodiyga tushmaslik va hech narsa sotib olmaslik sharti qo'yar edi. Agar u shunday qilsa, uning sarmoyasi kafolatlangan bo'lardi. Bu Allohning Elchisi (saw)ga yetib bordi va u buni yaxshi deb ko'rdi (ya'ni, ma'qulladi) ﷺ. [Tabayyun al-Haqaa'iq, 5-jild, 52-53-betlar]

This is in addition to the Messenger of Allah’s (saw) approval of some of the A’araaf (customs) that were well known to exist amongst the Arabs before his being sent as a Prophet. This is like Al-Mudaarabah in the case where it has been cited that Al-‘Abbaas Ibn ‘Abdul-Muttalib, when paying money in Al-Mudaarabah (contract of partnership), used to stipulate upon the worker that he would not cross by sea, descend a valley and to not buy anything. Then if he was to do that he would be assured. This reached the Messenger of Allah (saw) and he viewed it well (i.e. he (saw) approved of it). [Tabayyun Al-Haqaa’iq Vol 5 52-53].

Bu ham salam (oldindan sotish) kabi, chunki Ibn ‘Abbos (ra) rivoyat qilishicha, u shunday degan: “Nabiy (ﷺ) Madinaga kelganlarida, ular mevalar borasida bir yillik va ikki yillik oldindan sotish bilan shug‘ullanar edilar. Shunda u zot (ﷺ) dedilar:

It is also like As-Salam (forward selling) as it was related from Ibn ‘Abbaas (ra) that he said: “The Nabi (saw) came to Al-Madinah whilst they were practising forward selling in respect to the fruits for a year and two years. So he (saw) said:

3 – ‘Urf, according to those who accepted it, goes back to a considered (Mu’tabar) Shar’iy evidence, like Ijmaa’ and Masaalih Al-Mursalah. Included in the ‘Urf that goes back to Ijmaa’ is Istisnaa’ (asking someone to manufacture something on one’s behalf) and entering the baths. The practice of ‘Urf occurred in respect of both of these without any rebuke, and so it happened by way of Ijmaa’, while Ijmaa’ is considered (Mu’tabar). 4 – The Fuqahaa’s use of ‘Urf throughout different eras and times, and their consideration of it in their Ijtihaadaat, represents a Daleel for the correctness of its consideration. That is because their use of it is equal to the level of the Ijmaa’ of As-Sukootiy, and as such their consideration of it as a Daleel is established (or proven) by Al-Ijmaa’.

3 – The ‘Urf, in the opinion of those who upheld it, returns to a considered (Mu’tabar) Daleel Shar’iy like the Ijmaa’ and the Masaalih Al-Mursalah. Included within the ‘Urf that returns back to the Ijmaa’ is the Istisnaa’ (asking someone to manufacture something on their behalf) and entering the baths. The practise of an ‘Urf took place in respect to both of these without any rebuke and so it has occurred by way of Ijmaa’ whilst Al-Ijmaa’ is considered (Mu’tabar). 4 – The Fuqahaa’s usage of the ‘Urf throughout different eras and times and their consideration of it within their Ijtihaadaat represents a Daleel for the correctness of its consideration. That is because their utilisation of it is equal to the level of the Ijmaa’ As-Sukootiy and as such their consideration of it as a Daleel is established (or proven) by Al-Ijmaa’.