Digital Custom and Its Contemporary Jurisprudential Applications: An Original Applied Jurisprudential Study

Abstract

Digital custom represents a contemporary extension of jurisprudential custom resulting from technological advancement and the expansion of electronic dealings. This research aims to establish the position of digital custom within Islamic jurisprudence by clarifying its concept and criteria for consideration, its connection to fundamental jurisprudential principles, as well as examining its areas of emergence within the digital environment, such as electronic contracts, digital financial transactions, and the practices of social media platforms.

The significance of this research lies in demonstrating the capability of Sharia to accommodate technical developments and regulate emerging electronic issues based on prevailing customs, provided they do not contravene any explicit religious text.

Additionally, the research addresses the impact of digital custom on contemporary fatwas (legal opinions) and ijtihad (legal reasoning), proposing methodological controls that contribute to codifying digital customs and directing them in a manner that fulfills the objectives of Sharia. It concludes that digital custom constitutes a recognized juristic instrument for assimilating digital transformations and regulating modern transactions within a disciplined Sharia framework.