The Use of Custom in Matters of Financial Maintenance
Machine translationRead the Arabic original
Question:
Yes. Does anyone know what the definition of this is?
Answer:
Custom? Sometimes it is used as evidence because Allah referred to custom. He referred to custom in some matters, saying, Exalted is He:[Al-Baqarah 2:233], meaning what people have agreed upon in such a matter.
Custom is sometimes adopted and relied upon in matters where there is no explicit text or specific determination from the Shari'ah, such as matters of financial maintenance: maintenance for the wife, maintenance for relatives, and maintenance for the wet nurse. Do we refer to what people have agreed upon in these cases? Yes, because this varies according to people and according to different eras. So we refer to the custom of people in this and adopt it. Yes.
Yes. Does anyone know what the definition of this is?
Answer:
Custom? Sometimes it is used as evidence because Allah referred to custom. He referred to custom in some matters, saying, Exalted is He:
Upon the father is the mothers' provision and their clothing according to what is acceptable.
وَعَلَى الْمَوْلُودِ لَهُ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُوفِCustom is sometimes adopted and relied upon in matters where there is no explicit text or specific determination from the Shari'ah, such as matters of financial maintenance: maintenance for the wife, maintenance for relatives, and maintenance for the wet nurse. Do we refer to what people have agreed upon in these cases? Yes, because this varies according to people and according to different eras. So we refer to the custom of people in this and adopt it. Yes.
Source
الأخذ بالعرف في الأدلة الشرعية — alfawzan.live
The Arabic text is a machine transcription of the audio recording.