Urf derived from an Arabic word ‘Arafa’ which means ‘to know’. Literally, Urf is a custom that is known. Technically, Urf is the common practice that has been accepted by Muslim and it is to establish good among Muslim. An early leader of the Hanafi School, Abu Yusuf was the first person who recognized Urf. Besides, Al- Jurjani also gave the definition of Urf by saying that Urf is a rule that has been recognized and accepted by the scholars. In 1372H, Al-Qurtubi also defines Urf as an act or a word that later became the habit of a large group of people. Moreover, in 2000, Salleh also describes Urf as a usual practice that is categorized as good and accepted by a healthy mind.Furthermore, RuqayyahTaha Jahir al-Alwani also gives the meaning of Urf by saying that Urf is a legal doctrine that is recognized by the Islamic Sharia as a doctrine that aimed to establish good in the society in the year of 2004.
There are many evidence in Al-Quran and Sunnah which proved that Urf’ is one of the sources of Islamic Law. The evidence can be seen in Al-Quran (7:199) which states that “Keep to forgiveness, enjoin what is good (urf), and turn away from the ignorant.” This verse means that Urf is the collective practices that are accepted by a large group of people and it is to establish good. The Maliki jurist Shihab al-Din al-Qarafi opined that this Quranic verse clearly upheld Urf as a proof of Shariah. Besides, another evidence that proved that Urf is one of the sources of Islamic Law can be seen in the Hadith. Hadith mentioned that “What Muslim deems to be good is good in the sight of God”. Therefore, Urf is deemed to be good because it has been practiced by Muslim. Moreover, in modern days, Urf is one of the sources of Islamic Law can also be proved when it has been used as a law in some country such as Malaysia. Muslims in Malaysia celebrate ‘Maulidul Rasul’ as an official ceremony even though this practice is not mentioned in Al-Quran or Sunnah. Muslim in Malaysia makes it as a common practice that is to establish good among Muslims because its purpose is to remember Prophet Muhammad.
Maslahah Mursalah derived from an Arabic word ‘saluha’ or ‘salaha’ which means ‘to be good’, ‘to do good’ or ‘to repair’. Literally, Maslahah Mursalah is the making consideration on matters that are related to the public interest for those that are not mentioned in Syariah. Al-Ghazali also defined Maslahah Mursalah by saying that it is an action taken to secure the five values of Islamic Law which include religion, life, mind, property and lineage as well as any action taken to prevent evil. In simple term, it means that Maslahah Mursalah is the consideration that secures the benefit and prevents harm.
There are some evidences in Al-Quran and Sunnah which proved that Maslahah Mursalah is one of the sources of Islamic Law. The evidence can be seen in Al-Quran (27:107) which states that “and We have sent you (o Muhammad) not but as a mercy for the ‘Alamin (mankind, jinns and all that exists).” Besides, Al-Quran (10:57) also mentions that “O mankind, a direction has come to you from your Lord, it is a healing for the ailments in your hearts.” These two Quranic verses are to seek for mercy and beneficence to mankind. Moreover, Al-Quran (10:57) also demonstrates that “God never intends to impose hardship upon people”. This verse means that God also describes that the purpose of the revelation is not a means to impose hardship. Furthermore, Hadith provides that “Muslims are bound by their stipulations unless it is a condition which turns a haram into halal or halal into haram.” In simple term, this Hadith means that Muslims are given the liberty to pursue benefit as long as it is silent in the Syariah Law and it does not violate to the prohibitions in Syariah Law. Besides, Hadith also prove that Malahah is one of the sources of Islamic Law by stating that “God loves to see that his concessions are observed in the same way that His strict laws are obeyed.” The meaning of this Hadith is that it is recommended to have no unnecessary rigour in the enforcement of rulings and Muslims should avail themselves of the flexibility.