العام و تخصيصه بالعرف علما وتحقیقا

A scholary and research analysis of “Al Aam” and its allocation by custom

Abstract

Under the principles of Islamic jurisprudence, a statement is categorized in various ways. One important categorization of the statement is its division into general and specific i.e. the generality and specification of a statement or word. General is a statement or word which has a single meaning and which applies to many things and not a limited number. General is an important topic in the derivation of rulings from the sources of Shari´ah. As a rule of thumb, general includes all its members as against specification which is restricted to its own class. A general can however be specified by various means including its specification by sunnah, consensus, and custom or urf, etc. Custom is what is practiced by the masses and it has become their permanent habit. It is followed by all people of the society and if its necessary conditions are found, it is considered as a source of Shari´ah. In this article, we analyze the specification of general by way of custom and its various aspects in light of the principles of Islamic jurisprudence

Keywords: A´am”, Urf, specification, Custom