Lol, there always has been. Urf is a part of fiqh and even Salafi scholars acknowledge that, as long as it doesn’t contradict Quran and Sunnah and it is often used to fill in the gaps of what isn’t clearly defined in the Quran and Sunnah.
Example, the vast majority of Saudi scholars knew that cars for women most certainly isn’t haram, yet they disallowed under the guise of Urf and the impact they felt it could have on Saudi society. I drive, yet no Scholar can tell me driving is haram as Albani famously said about driving:
Questioner: Is it permissible for a woman to drive a car?
Answer:If it is permissible for her to ride upon a (female) donkey then it is permissible for her to drive a car.
Questioner: But there is a difference between a donkey and a car.
Sh Al-Albaanee: Which is more concealing – riding upon a donkey or in a car? I would suggest (riding in) a car.
Shaykh Naasir ud-Deen al-Albaanee
Yet, Saudi scholars motivated by their own cultural understanding still banned it, despite the fact that there is nothing in the Quran and Sunnah to suggest women not driving. Female Sahabas rode a animals and as Albani cleverly noted, having a car is more covering and concealing than any donkey or camel.
It is wrong to imitate them in things that are Haram or of no benefit. But even then, I’ve noticed scholars do not apply that for a lot of things. Take for example, white Wedding dresses. We all know this is a very Western thing that is symbolic, yet:
Yet if you read this Fatwa which sites Ibn Uthaymeen, he states that white wedding dresses are not haram because it is NOW culturally acceptable in Saudi and the rest of the Muslim world. Yet, If we go back less than a hundred years ago, such a dress would most definitely have been seen as a European Christian wedding tradition.
Therefore, you need to be specific as to what constitutes imitating the non Muslims. Are such acts now common? Is it halal? The list continues.
The bottom line is anything that goes against the Quran and Sunnah obviously needs to shunned, there is no debate regarding that.
I get where you’re coming from and Muslims most definitely should be staunch in the face of Haram and halal. My point isn’t about the things that are clearly outlined as haram in the Sharia. I’m talking about situations in which there are differences of opinions and new situations that arise due to modernization and different societies.
1- the Saudi scholars that said it was haraam for women to drive didn't say it was based on urf. they had a different set of arguments.
2- I don't think it is correct to say "fiqh is evolving". yes, there are new issues that emerge in the world such as bitcoin. but this is only a tiny percentage of what fiqh deals with. most fiqh is not dealing with new technologies like bitcoin or smartphones. sure, when it comes to something like bitcoin we need to come up with how to look at it from a sharia standpoint... but we don't need to do things like adopt democracy.
3- fiqh is not based on urf. urf is a very small thing. I'm aware of issues where scholars have siad urf plays a role but it is a very small thing, if you read classical books of fiqh, urf only plays a very small role. there is no justification for talking of "British Islam," "Australian Islam," etc.
I don't mean anything against you personally. I think you are a former Salafi who does not follow the minhaj anymore. whether you drive a car or not is not the bottom line issue. cars are a new thing. I have huge respect for Sheikh Ibn Baz and I won't condemn his view but... cars are a new thing and the classical scholars obviously didn't have any rulings on cars. I think you were Salafi and left it and I hope you come back to it.
As to Westernization, I reject it. I have no desire to be culturally colonized by Europeans or their descendants.
I am sympathetic to you personally. I have disagreed with you on a lot but it's not something personal. I do believe you are a sort of modernist. Maybe I'm wrong, that is just the impression I get. In any case, I am not against you personally but I think we have very different ideas. I do not want a "US Islam," "British Islam," etc. I want the Islam of the earliest and best generations, I don't want a new Islam and I am attached to my own religion, culture and history, I do not want to adopt the ways of whites.
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