Does Jurisprudence Need to Change Over Time? 10% for japansteemit

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If you ask this question to a reader who only knows fiqh in its skins, such as introductory books on Islamic studies, for example, it is likely that the answer will be: Yes, fiqh needs to change, even that change is a necessity that must be done.

However, if you ask the same question to people who are really involved in fiqh and understand the rules and usul, then the answer is: No, fiqh does not need to change and it should not be changed.

What must change as a necessity for changing times and places is not fiqh, but fatwa decisions on specific cases. The fiqh remains the same as before, but in the realm of fatwas it must always be contextualised. What's the difference between the two? Here's an example:

Fiqh says that it is haram to eat pork under normal circumstances. This until the apocalypse will not change. What has changed is that when a hungry person in the forest calls a mufti, is it okay for him to eat pork because there is no other food for him at that time? The Mufti will say yes if it is known that the emergency element is met. At other times the Mufti will say no if he feels that the emergency element has not been fulfilled.

Likewise, for example, there are scientific findings which according to the study of experts are considered dangerous, then the jurists will issue a forbidden law on the findings. However, when over time a solution is found to eliminate the harmful effects while on the other hand the findings are needed, then the haram law must be revised with a non-haram fatwa. Even though it looks like the decision has changed, the fiqh rules that must be eliminated have not changed and must not be changed.

Changes in legal decisions according to the context and conditions like this in terms known to the jurists are referred to as "taghayyur al-ahkam". The term fiqh change or "taghayyur al-Fiqh" is completely unknown and has never been used because the fiqh values ​​are patented. What must change is only the implementation side in adjusting to specific realities, and this is not the realm of fiqh but the realm of fatwa.

Thank

madoen