The changeability of Shari`ah rulings: an analysis of the contemporary discourse

Haneef, Sayed Sikandar Shah and Abdul Razak, Mohd Abbas (2021) The changeability of Shari`ah rulings: an analysis of the contemporary discourse. Journal of Religious Studies, 4 (2). pp. 61-77. ISSN 2616-6496 E-ISSN 2663-0206

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Abstract

Shari`ah and its practical legal rules primarily are of divine origin according to Muslims` belief. Nevertheless, the revealed nature of the Shari`ah does not imply that it is a static system incapable of providing solutions to changing human situations due to change in time and space. It takes cognizance of such changing needs of humans primarily in two ways: at the level of its textual laws, it takes into account the time-space requirement of their applicability on people, and at the event of unfolding new situations and novelties of human life, it mandates ijtihad to resolve them. At the age of globalization, however, this unique feature of Divine�based system of stable but flexible Shari`ah has become a mooting point among some segments who would like to go ultra-realists either mala fide or out of naïve notion of defending time-space suitability of the Shari`ah even if it is at the expense of disbanding its divinely fixed legal corpus. Accordingly, this paper argues that a methodological analysis of the principles of changing the Shari`ah rulings on account of changing circumstances do not allow for laissez-fair and arbitrary alteration of the fixed structure and essence of the Shari`ah.

Item Type:	Article (Journal)
Uncontrolled Keywords:	changing rules, fixed, flexible, Shari`ah, time-space
Subjects:	K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP470 Law reform. Criticism. Tanzim
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fundamental and Inter-Disciplinary Studies (Effective: 5th Feb 2014)
Depositing User:	Prof. Sayed Sikandar Shah Haneef
Date Deposited:	20 Apr 2021 10:33
Last Modified:	20 Apr 2021 10:33
URI:	http://irep.iium.edu.my/id/eprint/89421

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