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28 / 06 / 2026
The Effect of Custom in Contracts
The Hanafis permit in contracts the condition that has been established by custom, and the question is that before the custom was established with this condition, it was not permissible; because it was not established by custom. It is known that a condition does not become a custom overnight, but it starts gradually until it becomes a custom. So, before it became a custom, it was forbidden, and then when it spread and became a custom, did it turn into something permissible? Is this the essence of the issue?
Answer
I say, and with God’s success: It is not a matter of the transformation of the forbidden into the permissible, but rather due to the lack of familiarity, which led to disputes, ignorance, and usury. If familiarity is established, these barriers in contracts are removed, and thus the permissibility or impermissibility depends on the realization of the reasons for prohibition and permissibility, and familiarity indicates this to us. And God knows best.
