CSSMuslim Law

Q.2 Discuss the significance and relevance of customary practices of pre-islamic Arabic society in formulation in islamic law.how aspect could guide us to seek inspiration from the customary practices and norms of contemporary world? 2018

The customary practices of pre-Islamic Arabian society, also known as “jahiliyyah,” played a significant role in the formulation of Islamic law. These practices, beliefs, and customs were prevalent in the Arabian Peninsula before the advent of Islam and were deeply ingrained in the social fabric of the society.

Islamic law, also known as Shariah law, is based on the Quran and the Hadith, which are the sayings and actions of the Prophet Muhammad. However, in formulating Islamic law, Islamic scholars also relied on the customary practices of pre-Islamic Arabian society. This was because many of these practices were consistent with Islamic teachings and values, and they were already familiar to the people of the region.

For example, the concept of “diyah,” or blood money, was prevalent in pre-Islamic Arabian society and was incorporated into Islamic law. Similarly, the practice of “ijara,” or leasing, was also recognized and regulated by Islamic law.

The relevance of customary practices and norms in contemporary society is a complex issue. On the one hand, there is a danger of perpetuating harmful and oppressive practices that were prevalent in pre-modern societies. On the other hand, there is a recognition that many of these practices are deeply ingrained in the culture and traditions of a particular society and cannot be easily discarded.

One way to approach this issue is to consider the underlying values and principles that guide these practices. For example, the value of social justice is central to many customary practices in pre-modern societies, and this value can be used as a guide to develop more equitable and just practices in contemporary society.

Additionally, it is important to consider the context in which these practices were developed and whether they are still relevant in the current social, economic, and political environment. For example, the practice of arranged marriages, which was prevalent in many pre-modern societies, may no longer be relevant or acceptable in contemporary society.

In conclusion, the customary practices of pre-Islamic Arabian society played a significant role in the formulation of Islamic law. While there is value in considering the underlying values and principles that guide these practices, it is important to approach them with caution and to consider their relevance in the contemporary world. Ultimately, any inspiration taken from these practices should be guided by the principles of social justice and human rights.

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