Introduction
It is true that people, with what Allah has bestowed on them such as their natural disposition and acquired knowledge, can discover some of the wisdom behind the Divine teachings. But they should not dare to claim that they are qualified to recognize the wisdom behind all the teachings perfectly.
It is also true that the teachings related to the relationship between people and creatures are subject to be affected by the changing styles of living and available means. However, because Islam is the last version of the Divine message, it is to all humanity and other accountable beings and for all times. Allah has provided it with characteristics that always make it applicable anywhere.
How does Islamic Law relate to reality?
Whoever scrutinizes even some of the worship rituals will notice the phenomenon of interaction between the holy texts and reality demonstrated. Among the examples is that a Muslim must wash his hands, face, and feet for prayer. But in the absence of water or its scarcity, the symbolic act of patting an earth's surface and rubbing the face and hands will do. Also, normally the afternoon and the evening prayers are composed of four bowings but during traveling, two bowings would suffice.
Whoever traces the revelation of the Holy Quran or Islamic teachings in general will notice the gradual introduction of the rulings, for example, it took twenty-three years to complete the Islamic teachings. Even a specific ruling may come gradually, such as the prohibition of drinking wine, which was done in stages, because it was a very common practice. This phenomenon is well demonstrated in the acceptable difference among the Muslim jurists. One of the other examples is an abrogation of an old ruling with a new ruling, which is more suitable to a new situation.
However, we should differentiate between the abrogation of the clear-cut ruling and refraining from implementing the ruling in certain cases because they do not apply. Among the well-known examples of this case is when Umar RA protested granting a non-Muslim a piece of land out of courtesy. This non-Muslim used to exploit a share of zakat (obligatory charity) assigned to the influential non-Muslims out of courtesy (referenced from an-Nahwee Page 438).
The other famous case was when Umar, then second Islamic Caliph, refrained from enforcing the ruling of cutting off the hand of the thief because there was a public famine and stealing was done out of necessity (Musnad ash-Shafiee Vol.1:224). He did not cancel the Islamic rulings but only refrained from implementing them because some provisions of application were lacking.
A related case was when Umar approved changing the name and amount of Jiziah which was used to be paid by non-Muslim citizens instead of Muslims paying zakat for the public treasury and for exemption from military service in case of a certain Christian tribe (Abu Yusuf pp 129-130).
There is certainly a difference between abrogating the ruling and refraining from its application or modifying it to suit a special case. Anyway, today’s taxes can swallow the whole zakat required from a Muslim citizen or part of it. Likewise, what was called jizyah, paid by a non-Muslim citizen in an Islamic state, could be included in the required taxes.
On the other hand, to avoid contradiction, as much as possible, within the official courts, Muslim scholars approve standardization of Islamic law by choosing a specific school of thought or a certain compilation of rulings (al-Gasim pp.233-273). Nevertheless, this does not mean that all judges will always reach a similar ruling in all cases because of the relative flexibility of Islamic law in general.
What are the Reasons for the Permanence of Islamic Law?
Since Islam is the last version of the Divine message and it is addressed to the whole accountable beings (the Humans and the Jinn) God provided his Law with special qualities that make it applicable, regardless of time and space. Among these qualities are the following:
First: The highly authentic texts concentrate on establishing the basic rules that are founded on the basic natural needs of man and other accountable beings, such as the spiritual component, the mental, the psychological, and the physical as well as basic needs, for example, all creatures need a super invisible power that can secure good for them and protect them from evil. They all need knowledge and reasoning ability to be able to deal efficiently with the environment around them. They all need to eat and drink and have shelter to survive.
This fact is evident in the Holy Quran and part of the Prophetic sayings. Examples of these rules are the importance of obedience to the Commands of Allah contained in the Holy Quran and the Prophetic traditions, establishing justice and fighting injustice commending fair dealings but forbidding usury, and instituting marriage are the only way to secure the best and fullest form of cooperation and coordination between unrelated men and women.
Second: Allah made the basic rules to function as the center of the detailed teachings. The changes, usually, touch only the style and means but not the basic needs of human beings.
Third: In the Prophetic traditions, especially, some of the rulings were especially detailed. These are the fixed rules, which do not, for the benefit of man, change or should not be changed. They include rulings that are required or forbidden. This is because we should keep changes within the boundaries of the natural disposition of human beings which balances between the needs of happiness in this world and the Hereafter.
Without this kind of balance, success, and happiness cannot be obtained or maintained. And here comes the importance of the Divine laws which tell us what maintains the natural disposition, which causes damage to it, and what repairs its depravity because the Creator knows best.
People with different tastes and whims, regardless of their technological advancement, are not qualified to pass judgment on the things of which they do not have full, or even sufficient, knowledge. This is because human knowledge and man’s means of perception, even concerning the material environment, are limited. Human’s means to perceive the things that cannot be sensed by their limited senses are even more limited. No wonder man is still ignorant of countless things, although he must deal with them every day.
Fourth: Allah made the following as the main sources of Islamic law:
The Holy Quran: It is from Allah, the content and the wording. It has been preserved orally through memorization by several parallel chains of Hafiz (who memorize the whole Quran), a student from a teacher till the chain reaches Prophet Muhammad (PBUH). It was also preserved in a written form from the very early days of Islam.
Prophetic Traditions: These comprise the sayings of the Prophet Muhammad (PBUH), his deeds, and his reactions to things said or done with his knowledge. They are a set of applications of the Quranic teachings, explanations, and additions covering all aspects of life because the Prophet himself was a father, a husband, a shepherd, a trader, a warrior, a state man, etc. These traditions were preserved orally through narrators till compiled in writing forms, with varying degrees of strictness of verification procedures, depending on the scholar who recorded them. However, most of the traditions were recorded by utilizing very strict procedures of verification.
Ijtihad: It means putting the principles into an applicable form, matching the new cases to the existing cases, and finding solutions for the new cases, which have no reference to the Holy Quran or the Prophetic Traditions. This is done by using pure logic, keeping in mind that these conclusions do not contradict the clear-cut texts of high authenticity of the basic principles of Islam. All these principles depend mainly on reasoning and logic. The common law is also another source, which helps Islamic laws to be adjusted to the various localities. These sources have great room for flexibility, which, in turn, enables the holy texts to interact efficiently with the changing reality. They also enrich Islamic law with acceptable multiple legal opinions that can meet all new cases, present or still to come. This is certainly different from depending completely on the taste and whims of the true or false majority that may deviate from the natural disposition of man, partially or completely. The criterion in Islam is Divine revelations inspirations and opinions guided by them.
The consensus of Ijtihad: The individual ijtihad gains more strength when these legal opinions gain the consensus of the scholars during a distinguished generation or period such as the generation of the Companions of Prophet Muhammad (PBUH), the generation that followed it, and so on. Therefore, the scholars concerned with ijtihad methodology list it after the Holy Quran and Prophetic Traditions in terms of strength.
This being the case, no wonder the Sharia (Islamic law) has great flexibility sufficient to deal with the new issues and cases of life, though it is based on stable foundations that go back fourteen centuries. This flexibility manifests itself in many forms. Among these are the following:
Acceptable multiplicity in accepting or rejecting some of the Prophetic traditions
Acceptable multiplicity in interpreting some of the holy texts. A person without the proper tools should not tamper with interpretation of the Quran or Prophetic traditions, because he would be liable to unknowingly commit gross errors. An example is a Prophetic tradition, which states that the fly has disease in one wing and medication in the other. A person, out of ignorance, may say: “Why should we bother if the flies touch our food?”. This person forgets that the tradition is a fact that could be used in one case when, for example, a fly falls into a cup of water, especially under conditions of scarcity of water, we make sure that both wings are dipped in water for it to be potable. Certainly, this does not mean to generalize this fact randomly. This person also ignores that there are numerous Prophetic traditions, which make cleanliness and protection of drinks and food from harmful things a must. On the other hand, why do we doubt an authentic Prophetic tradition while we believe in some purely human discoveries such as the use of venom in preparing some medical products?
Acceptable multiplicity in diagnosing the reality
Acceptable multiplicity in the way of matching reality and the related judgment. An example of this is the ruling of a bank selling goods by installment whether it is usury because their original business is financing not selling goods.
Acceptable multiplicity in choosing the secondary sources of Islamic law, such as accepting istihsan (common sense or discretion in weighing the secondary sources) or the model set by the people of Medina or to reject either or both.
Conclusion
Islamic law (Sharia) is designed to be permanent and applicable across all times and places. This is because it focuses on core principles that address basic human needs and is supplemented by sources that allow for flexibility. The Quran and the Prophet's teachings provide the foundation, while scholarly reasoning (Ijtihad) helps adapt these principles to new situations. Acceptable differences in interpretation and application further enhance Sharia's ability to address the ever-changing realities of life. This flexibility ensures Islamic law remains eternally relevant without compromising its core principles.
Amaizing script. Well done Hamza !
Keep up the fantastic work.