When Culture Meets Fiqh: Examining the Legal Authority of ʿUrf in Contemporary Engagement Traditions

Abstract This article examines the legal authority of ʿurf (custom) in Islamic jurisprudence through an analysis of contemporary engagement practices in Muslim societies. While classical fiqh has long recognized custom as a subsidiary source of legal reasoning, its application in modern social contexts—particularly in matters of gender interaction and pre-marital rituals—remains contested. Employing a qualitative doctrinal and socio-legal methodology, the study analyzes classical uṣūl al-fiqh literature alongside contemporary juristic discourse to clarify the conditions under which ʿurf attains legal relevance. The article argues that ʿurf functions as a disciplined interpretive mechanism rather than an ad hoc concession, provided it does not contradict explicit textual injunctions or the objectives of Sharīʿah (maqāṣid al-Sharīʿah). Focusing on engagement rituals such as public ceremonies, gift exchange, and ring exchange, the study demonstrates that juristic disagreement arises not from rejection of textual authority but from differing assessments of social meaning, moral risk, and the effective cause (ʿillah) underlying classical prohibitions. The findings show that when engagement practices are publicly regulated, non-sexual, and ethically constrained, contemporary juristic reasoning may accommodate them without undermining moral order. From a maqāṣid perspective, recognizing morally regulated custom contributes to social coherence, reduces hardship, and facilitates lawful pathways to marriage. The article concludes that Islamic jurisprudence possesses internal mechanisms that enable principled engagement with cultural change, reaffirming fiqh as a dynamic yet normatively grounded legal tradition.