کتاب الہدایہ میں عرف پر مبنی عائلی مسائل کا تحقیقی جائزہ Family Issues based on Custom: A Research Review of "Al-Hidaya” Section Urdu Literature

Abstract

The abstract and findings of this research  article  is that Imam Marghinani (Sahib-e-Hidayah) in his famous book  Al-Hidayah, like many other issues, has highlighted in terms of custom and its application in family issues  and family  laws as well. The need and importance of  urf becomes clear in this  way. This research also proves that issues which are based on urf  as the urf change, their order also changes. Sahib-e-Hidayah explained the criteria of Kufw, the order of marriage of non-Kafw, the order of marrying a slave of the ruler's lawyer, the issue of seal, the difference of opinion between husband and wife regarding gift and seal, the order of unknown words for divorce, Ruling on finger-pointing with ambiguous divorce, examination with husband's type of husband and distinction due to alimony, etc This research has also shown that the ruling on many of these issues has changed due to the change in urf (custom) and there are many new contemporary issues are emerged in family law which was not found in Hidaya. This is a main argument that issues based on urf change with the changing of urf.