Umm Al-Qura University

Umm Al-Qura University

Regulation and Limitation Between the Constant and the Changing in the Islamic Law


- 2023/11/07

Dr. Muhammad Ali Al-Sulaihim
Department of Islamic Studies, Faculty of Sciences and Islamic Studies in Rumah, Majmaah University, Saudi Arabia
Issue: 94 | Pages:50-68 | September 2023 | https://doi.org/10.54940/si64159215 | PDF
Received: 23/10/2022 | Revised:13/3/2023 | Accepted:18/5/2023 
 

Abstract

The extrapolation of the sources of the Sharī’ah law and its actions, in its totality and parts and in all comprehensive and detailed principles in all conditions have shown that among the intents and wisdoms regarded by the Sharī’ah during law-making is regulation and limitation, and if the strength of emphasizing that something is an objective of the Sharī’ah is gauged with the volume of proofs and their quality, then the copious proofs available on the objective of regulation and limitation qualify it to be a definite one in terms of authenticity. Perhaps, I subdivided, my research into an introduction, two sections, and a conclusion. In the first section, we discussed control and definition in terms of concept, means and approaches. In the second section, we addressed the characteristic of the peculiarity of consistency and change in the Islamic legislation?

In this research, we concluded a number of findings, including:
1. That the considerations for the objective of consistency and limitation in the Islamic legislation generally could be traced to two issues: the first: Basing rulings on a description, of nature, and secondly: that the Sharī’ah rulings are realities not assumptions.
2. That the total considerations for the purpose of change in Islamic legislation could be traced to two issues: The first: The rulings are based on the principle of facilitation, removal of embarrassment, and consideration of objectives and reasons, the second, verdict changes and differs according to the change in times, places, circumstances, intentions, and customs.

Keywords

Regulation, Limitation, Constant and Changing.

How to Cite 

Al-Sulaihim, M. (2023), Regulation and Limitation Between the Constant and the Changing in the Islamic Law, Journal of Umm Al-Qura University for Sharia'h Sciences and Islamic Studies, Issue.94. pp. 50-68. https://doi.org/10.54940/si64159215

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