العرف الصناعي وأثره في المعاملات المالية المعاصرة: دراسة تأصيلية في ضوء الفقه الحنفي

Abstract

This study aims to establish the doctrinal status of industrial custom (al-ʿurf al-ṣināʿī) within Hanafi jurisprudence and to analyze its role in regulating modern financial transactions, while offering a contemporary juristic perspective on employing it in a manner consistent with Islamic law (Sharia). The study proceeds from a central problem concerning the extent to which industrial custom influences contemporary economic dealings—particularly in light of rapid industrial and economic changes—and the degree of its compatibility with Sharia principles and the methodological controls of the Hanafi school. The research adopts a comparative analytical methodology, drawing on classical sources such as al-Mabsūṭ, Badāʾiʿ al-Ṣanāʾiʿ, al-Hidāyah, al-Baḥr al-Rāʾiq, and al-Fatāwā al-Hindiyyah, in addition to contemporary references and official resolutions of Islamic fiqh academies, in order to examine applications of industrial custom in modern financial transactions. The study’s findings show that Hanafi jurists regard custom as a legally recognized basis for formulating financial and industrial rulings, provided that it is widespread and stable and does not contradict the scriptural texts. It further demonstrates that industrial custom is distinguished by its direct connection to modern productive and economic activities, and that its function is complemented by istiḥsān (juristic preference) and maṣlaḥah (public interest) in addressing gaps where explicit texts are absent and in realizing the objectives of Sharia. The study also confirms that contemporary industrial customs—such as manufacturing contracts, contracting (construction/service) agreements, corporate arrangements, and banking practices—may be deemed valid when they adhere to Sharia constraints, making them an effective instrument for regulating contemporary financial transactions.