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Title: The Change of Fatwas and Rulings with the Change of Customs and Traditions: تغير الفتاوى والأحكام بتغير العرف والعوائد
Authors: Dr. Soufiane Naoul (Corresponding Author)
Journal: Al-Marjan
| Category | From | To |
|---|---|---|
| Y | 2024-10-01 | 2025-12-31 |
Publisher: Al-Marjan Research Center, Lahore, Pakistan, (SMC- Private), Limited.
Country: Pakistan
Year: 2025
Volume: 3
Issue: 1
Language: en
DOI: 10.1234/zr49rp23
Keywords: CustomTraditionFatwaFlexibilityMaqasidChange of Rulings
The balance between stability and flexibility in Islamic rulings is a defining feature of Sharia legislation, ensuring ease for people while safeguarding both fixed and changing interests across different societies and historical contexts. Since stability represents the primary principle in Sharia rulings and change constitutes the exception, it becomes necessary to regulate and define this exception to avoid its misuse as a justification for evading Sharia obligations under the pretext of changing circumstances. This research addresses how Islamic rulings and fatwas are influenced by the evolution of customs and traditions, raising fundamental questions about the legitimacy of such changes, their Sharia-based regulations, and the need to distinguish between immutable Sharia principles and variable jurisprudential rulings. With the rapid transformation of social and cultural norms in modern times, there is a growing need for a systematic framework to clarify the foundations upon which scholars consider evolving customs while preserving the constants of Sharia. This study highlights the importance of differentiating between valid customs that impact rulings and invalid customs that lack legal weight. The research adopts both the inductive method, in examining the theoretical basis of customs and traditions, and the analytical method, in exploring practical applications and case studies. Findings indicate that Islamic jurisprudence allows rulings influenced by customs to change when aligned with public interest and the objectives of Sharia, while firmly maintaining fixed rulings in worship and belief. Thus, flexibility exists within limits, governed by Sharia objectives and the maxim: “Rulings change with the change of times.”
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