Al-Adah Muhakkamah
Definition
Al-Adah Muhakkamah is the fifth maxim according to the sequences of the five main maxims. The basic meaning of it is "custom is a basic of judgment". The meaning of custom basically coming from the word "adah". It is also come from the word "urf" which brought up with the meaning with "adah". However there is slightly difference between word "adah" and "urf". "Adah" is referring toward only one person while "urf" referring toward a group of peoples. The definition of "adah" in the language term is something that repeatable or in other term habit. "Adah" can be referred as some actions or words that repeatedly be doing by human and that action is acceptable by human mind and nature. If the actions or words that had been used by a person toward a certain motive and repeat the actions it will be considered as "adah" or habit. If that actions is follows by others and widespred used among peoples it will considered as "urf".
In the context of the maxim, custom and habit considered as the important thing in the part of human life. The actions that repeatedly being doing and actually become habit and custom in human life and society if the actions is not practiced will become a problem toward the situations. The basic example of the situation is the ijab and qabul in the transaction. Most of the places usually do not do the ijab and qabul the transaction even in the mazhab al-syafiiyah the ijab and qabul is a part of the transaction. But in term of Al-Adah Muhakkamah the custom of the society is like that, the transaction is become valid. In syariah point of view, the custom can be a part of the derived syariah rules according to the peoples behaviors. However it is still take closer look whether the actions is not crossing the impermissible things in syariah. As long there is no clear restriction toward the customs and habits in syariah and actually can be accepted by the human mind it is permissible to practiced.

Sources of the Maxim

"Show forgiveness, enjoin what is good, and turn away from the foolish(i.e. do not punish them)"(7:199)

other:

'Abd Allah ibn Mas'ud said: "What the Muslim determine to be good is good with Allah"

The Condition of 'Urf

1. The 'urf has to be widely used or adah is repeated enough to become 'urf. 2. The 'urf that used to the ruling must be practiced in the past and still practiced in the time of the making the ruling. The 'urf that had been practiced in the past and the practiced had been stop cannot be used as part of the ruling. 3. The 'urf must not have any prohibition from the primary source of syariah. 4. The 'urf must not contradict with any primary syariah sources.

The General Types of Custom 1. The General Customs This kind of custom is widely used around the world or most of the places used it. It is had been practiced even from the time of Prophet Muhammad SAW. Example, Istisna' contract. 2. The Specific Customs The custom that are specifically used or practiced in a certain country, place or certain group of people. Example, installments or specific number of installments among traders and buyers.

3. Shariah-based Customs The term that are not really convey the literal meaning of something. Example, Solat which the literal meaning of it is dua' but is the custom of muslims the solat is actually begin with takbir and ending with salam.

The Types of Custom Based on Words and Deeds 1. Deed-Based Customs or Practical Customs This kind of custom is considered as the habitual of some groups of people in a certain places. The normal deeds or practiced that people used to do. Example, the types of cloth their wearing and the food that their eat. 2. Words-Based Customs This kind of custom is base on the linguistic term. In language there are several type of meaning regarding the words that had been used which are Lughawiyah, 'Urfiyah and shriyah. In this context the 'urfiyah is taken place. The real meaning of the words is actually difference between what the word used for. Example, in the state of Kelantan the term of rial is used for the ringgit, so the transaction must be applicable in the ringgit not in riyal.

Majority scholars said that there are several sub maxims or principle which could be related with محكمةالعادة.
There are 5 sub maxims of Al-AdatulMuhakkamah,محكمةالعادة
1.
بهاالعملُيجبُحجةٌالناسِاستعمالُ
“Usage and practices of the people is like evidence that must be worked out”
This method means some actions or norms which have been practiced and agreed among certain societies, and some of them feel that it is compulsory for them to practice the norms. Surely, The actions or norms should not against the principles of shariah .For example, the norm of Malaysians in buying furniture, the sellers of the furniture will bear the costs of transportation and risk first until they deliver the furniture to the buyer’s house. The trading is complete once the furniture arrived at agreed destination, or the buyers will pay the costs incurred by sellers once the furniture safely arrived at their house.
The article 389 of Majallah Al-Ahkam Al-‘Adliyyah has mentioned that this type of maxim could be simplified as the practice of istisna’,i.e manufacturing contract would be lawful for everything that has been manufactured and constructed based on customary practice.

2.
بِالنَّصِكَالتَّعيِينِبِالعُرفِالتعيِينُ
“A matter specified by custom is like a matter specified by a legal text”
This maxim defines the determination of certain laws which based on norms and complied with some conditions of the legal basis. Therefore, the situation is same as some determination of laws which based on Islamic legal sources.
For example, a right of lawyer or attorney to sell in general shall be considered as the sale according to customary price. Customs understood and knew that the trustee should keep the trust in a safe and secure place which is typical for the trust item, even if the depositors did not stipulated so. If one rents a shop for the purpose of selling clothes such as shirts and pants, it should not be used as a blacksmith shop or any other shop that requires usage of fire and so on. It could harm the neighbors of the shop. Besides that, it is forbidden because the tenants should not against the agreed rental contract.

3.
شَرطًاكَالْمَشروطِعُرفًاالمعروفُ
“A matter recognized by customs is regarded as if stipulated by agreement”
This maxim defines something which is well known among the people and it has been practices as their norms, it must be implemented transparently without any additional unfamiliar conditions.
In other words, this maxim shows that the customary practice is to be considered without the need of its stipulation in the contracts and dealings. Hence, washing in bathrooms,eating in restaurants and others. All these activities require payment as the customs judges so, albeit it is not mentioned by the contracting parties.
For example, the customary practice of selling and buying of computer. The buyers are not required or compulsory to buy additional items such as CD, sound amplifier or others.They could buy additional based on their needs and wants.

4.
بينَهمكالمشروطِالتجارِبَينالمعروفُ
“A matter recognized customary amongst tradesmen is regarded as if agreed upon between them”
This sub maxim defines a matter which has been recognized amongst tradesmen is regarded as if accepted upon between them. For example, if one buys anything from the market with a defined price without an explicit statement whether it is on spot or deferred basis, and the customary practice of the businessmen was that the seller receives the price after a defined period of time which could be a week, or a month or he receives on monthly installment basis, hence the mode of payment of the price should be understood by this custom without the requirement to mention it explicitly.
For Example, the norms of buying lots brick stones. The price of the brick stones normally has been added by the costs of transportation to deliver the brick stones to the customers or buyers. Thus, the buyers do not required to calculate the cost of transportation regarded as if agreed upon between them.

5.
حقيقةًكالممتنعِعادةًالممتنعُ
“Something that does not happen on such a habit that does not happen in reality”
This sub maxim could be defined something that that does not happen in customary practice of certain culture and it is also does not happen or accepted in reality(out of customs).For instance, if someone claim that he owns a piece of land, but he does not know on how to explain how did he buy or get the land.
Another example, a person claims that his friend’s car is his own car. In any customs, we could not claim something that we do not own is ours. Islam does allow someone to claim something, if he really owned the item through allowed trading or has right on that item.

Five current applications of the maxim in financial transactions. 1. The first example of Bay al-Salam is the booking of dresses for the Eid-Fitri. Many Malaysians often book their clothes in the store during the month of Ramadan with the down payment. Upon arriving the last week of Ramadan, they would take their shirts and the balance of payments. The way of this transaction founded by ahli-Madhinah.

2. The second example is the use of debit card. This method is actually just replace the money physically to the card method. These days, there are too many crimes such as purse snatch, theft, and robbery. So many people around the world began to use a debit card for the safety of their property and it becomes a new trend.

3. The use of the Internet and mobile phones in the transaction is also becoming increasingly popular in urban communities. Internet and WiFi facilitate people to buy and sell especially for important matters such as payment of debts, lawsuits and rent where those are mostly encouraged to be paid immediately. Use of the Internet and mobile phones are also ideal for the busy people.

4. One of the customs in Malaysia is the short of words used during the transaction. Sometimes it can be understood without speech. For example should the buyer said "I want to this item" to just say "buy ..." and also happened to the seller. There is also a sale where the buyer just silently move his head up and down to the seller and the seller just smiles to the buyer. It also signaled a sale has been accepted.

5. Usually, people just eat first their foods before pay them. It’s happened in small restaurants because they knew that all of small restaurants will use the same price.

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[ 2 ]. http://ibnrajab.wordpress.com/2013/12/10/kaedah-fiqhiyyah-al-adatu-muhakkamah-dalam-muamalat-islam/
[ 3 ]. Islamic Legal Maxims, Essentials and Applications, by Azman Ismail and Md. HabiburRahman,IBFIM 2013,p.64 .Reviewed on 19 July 2014,12.00pm
[ 4 ]. Islamic Legal Maxims, Essentials and Applications, by Azman Ismail and Md. HabiburRahman,IBFIM 2013,p.64 .Reviewed on 19 July 2014,12.00pm
[ 5 ]. http://ibnrajab.wordpress.com/2013/12/10/kaedah-fiqhiyyah-al-adatu-muhakkamah-dalam-muamalat-islam/
[ 6 ]. Islamic Legal Maxims, Essentials and Applications, by Azman Ismail and Md. HabiburRahman,IBFIM 2013,p.64 .Reviewed on 19 July 2014,12.00pm
[ 7 ]. Islamic Legal Maxims, Essentials and Applications, by Azman Ismail and Md. HabiburRahman,IBFIM 2013,p.64 .Reviewed on 19 July 2014,12.00pm
[ 8 ]. http://ibnrajab.wordpress.com/2013/12/10/kaedah-fiqhiyyah-al-adatu-muhakkamah-dalam-muamalat-islam/.Review on 18 July 2014,7.00pm
[ 9 ]. Islamic Legal Maxims, Essentials and Applications, by Azman Ismail and Md. HabiburRahman,IBFIM 2013,p.63 .Reviewed on 20 July 2014,9.00am
[ 10 ]. Ibid. p.62
[ 11 ]. Ibid. p.63
[ 12 ]. http://ibnrajab.wordpress.com/2013/12/10/kaedah-fiqhiyyah-al-adatu-muhakkamah-dalam-muamalat-islam/.Review on 21 July 2014,10.00pm