فتاوی نوریہ میں "العادۃ محکمۃ" سے استدلال کا منھج

The Methodology of Reasoning Based on al-‘Ādah al-Muḥakkamah in Fatāwā Nūriyyah

Abstract

This study delves into the jurisprudential methodology adopted in Fatāwā Nūriyyah, with a particular focus on the principle of al-‘Ādah al-Muḥakkamah — the maxim that recognized custom holds authoritative status in Islamic law. The research analyzes how Mufti Noor Ullah Naeemi, a renowned Hanafi jurist of the Indian subcontinent, incorporated local and prevailing customs into his legal reasoning and fatwas. By examining selected rulings from Fatāwā Nūriyyah, the study illustrates the criteria under which a custom is considered valid (sahih) and binding (muḥakkam) within the framework of the Hanafi school.The paper also discusses the balance maintained between normative Islamic texts and societal practices, highlighting the flexibility embedded in the Hanafi legal tradition. It sheds light on the role of ‘ādah in addressing novel issues, especially in the absence of explicit textual evidence. The research concludes that Mufti Noor Ullah’s methodology exemplifies a pragmatic yet principled application of Islamic jurisprudence, ensuring legal relevance across changing cultural and temporal contexts.This exploration contributes to contemporary Islamic legal discourse by reaffirming the significance of contextual and customary considerations in fatwa-giving, particularly in pluralistic societies.