Al-Ṣāʾil Between Islamic Law and Custom: A Comparative Study with Modern Applications

Khamees, Salahaldeen Namiq; Ali, Abdul Basit Iyadah

doi:10.32894/1992-1179.2026.166966.1292

	Al-Ṣāʾil Between Islamic Law and Custom: A Comparative Study with Modern Applications
Kirkuk University Journal: Humanity Studies
Volume 21, Issue 1, March 2026, Pages 814-844 PDF (682.85 K)
Document Type: Research Paper
DOI: 10.32894/1992-1179.2026.166966.1292
Authors
Salahaldeen Namiq Khamees^* ¹; Abdul Basit Iyadah Ali²
¹جامعة كركوك كلية التربية للبنات
²University of Kirkuk – College of Education for Women – Department of Qur’anic Sciences and Islamic Education
Abstract
This research explores the concept of the “Ṣāʾil”—the unjust aggressor who attacks a person’s life, property, or honor—through a comparative analysis between Islamic jurisprudence and contemporary customary practices in Muslim societies. Drawing upon the principles of the four major Islamic schools of law (madhāhib), the study aims to determine the legal rulings and Sharia-based guidelines governing the defense against aggression. It further investigates the role of custom (‘urf) as a source of law within Islamic jurisprudence and examines practical cases in relation to modern legal systems and self-defense provisions. The findings indicate a significant level of convergence between Sharia and sound custom, especially in protecting human life and maintaining social order. Nevertheless, the research also reveals that certain widespread customs diverge from the objectives of Islamic law, particularly those that justify excessive retaliation or broaden the concept of aggression beyond its legitimate scope. Accordingly, the study recommends harmonizing customary practices with Sharia principles and reforming modern self-defense laws to ensure consistency with Islamic rulings and the overarching aims of justice and balance.
Keywords
self-defense; custom (‘urf); Islamic law; fiqh principles; modern application

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