It has been difficult for us to understand how custom is a reference for regulating certain actions

The questioner : Your Eminence, it has been difficult for us to understand how custom is a reference for regulating certain actions, specifically the purchase of clothing and a woman going out. We have found people who buy a garment for six hundred riyals, or more, or less, and cite custom as their justification. Does this contradict what came in the Sunnah regarding the encouragement to be frugal and the prohibition of wastefulness? May Allah reward you with good.

The Shaykh : Yes, custom is a reference where there is no specific determination in the Shari'ah. However, if the Shari'ah has made a determination, then the Shari'ah is the judge over custom, not custom the judge over the Shari'ah. And in *Nazm al-Qawa'id*:
"Whatever comes without being determined by the Shari'ah, *** Like a safe, is determined by custom"
And Allah the Exalted has referred to custom in His saying: There are many examples of this.
But if a person goes beyond the scope in which he should be, he becomes a wasteful person. And Allah the Exalted said: People today are divided into three categories:
One category is the upper class, one category is the lower class, and one category is the middle class. If the people of the lower class wanted to wear what the middle class wears, or eat what the middle class eats, or ride what the middle class rides, we would say: This is wastefulness, and they are prohibited from it.
And if the middle class wanted to wear what the upper class wears, or ride what they ride, or eat what they eat, we would say: What is this? It is wastefulness.
And if the people of the upper class wanted to wear, drink, eat, and live in what is for the lower class, we would say: This is stinginess. Except if he wants to be humble, such that he wants not to appear before his poor brothers if, for example, most of the neighborhood is poor, and he likes not to appear before them in a way that breaks their hearts. Then this is good. And there is a hadith regarding the reward of one who leaves the best of clothing out of humility. Did you understand now? Good, yes?

The questioner : Regarding going out.

The Shaykh : As for going out, do you mean going to the markets?

The questioner : ... Based on the prevailing custom.

The Shaykh : No, as for a woman going out, there is no doubt that custom, modesty, character, and religion all require that she be in her house. This is general, and she does not go out except for a need. And that is because a woman, even if she goes out without perfume, without displaying her adornment, and she is pure, sound, and chaste, she is afflicted. There are open sinners in the markets who have no concern but pursuing women, may Allah protect us, and flirting with them, throwing papers and phone numbers at them, and the like, even though they are pure. Therefore, we say: The best place for a woman is to remain in her house. And in reality, she is responsible for herself, and her guardian is also responsible for her. Indeed, many men, may Allah guide us and them, have let the reins loose for women. A woman goes out whenever she wants, loiters in the markets and stores, and he does not care and does not ask. May Allah help us and you to fulfill the trust. Yes.