摘要：Historically, the building of Islamic law shows a decision of law of a new case (nazilah). This decision is not absolute based on al-Qur’an or hadis, but it is based on this condition itself. Ijtihad happened not only after Rasullah’s era, even it also happened in Rasullah’s era. One of the instruments of istinbath of law in ijtihas is ‘uruf. The discussion of ‘uruf seems interesting to be discussed if it is faced toward question, when the ‘uruf actually exists either structurally or in the form of con-create concept. In other words, “ which group that formulates ‘urf concept becomes a theory of istinbath of law. Even though this paper is a new start of research, but it tries to find the answers by using historical approach.
