and flexibility.
Technical definition: Whenever enforcing a ruling would place undue hardship on a legally accountable person, the Sharia reduces the obligation to what lies within that person’s capacity, free of difficulty or embarrassment.
Proof of the maxim: The Quran and Sunnah supply a multitude of proofs. God Most High says, “Allah does not burden any soul beyond its capacity” (2:286), and, “Allah intends ease for you and does not intend hardship for you” (2:185). The Prophet ﷺ said, “I was sent with the upright, easy monotheism” (reported by Aḥmad), and, “You have been sent to make things easy, not to make them hard” (agreed upon).
The fifth of the grand maxims: “Custom is authoritative.”
Lexical meaning: ʿāda (custom) is derived from ʿawd or muʿāwada, meaning repetition; it denotes an act repeated until it becomes second nature. Muḥakkama (authoritative) is the passive participle of taḥkīm—arbitration and adjudication—indicating that custom is the reference point for judgment when a dispute arises.
Technical meaning: In the view of the Sharia, custom wields binding authority over rulings related to dealings: those rulings are established in line with what custom or usage dictates, provided no explicit scriptural text contradicts that custom or usage. The terms ʿāda and ʿurf are interchangeable in both wording and application, so that custom and usage serve as legal proof.
Custom and usage are therefore valid proof whenever they do not conflict with a scriptural text or with a stipulation set by one of the contracting parties. For instance, if someone hires another to work only from noon to late afternoon, the employer may not obligate the worker to stay from morning until evening under the pretext of the town’s prevailing custom; rather, the period agreed upon between them must be followed.
When custom accords with the scriptural evidence, it must be observed and implemented. But if custom conflicts with the scriptural evidence in every respect, that custom must be rejected,