Al-Ahkam al-Shar'iyyah baina al-Thabat wa al-Taghayyur

Abstract

One of the significant issues discussed among the jurists is the concept of changing (taghayyur) of law in Islamic jurisprudence. The general perception of jurists is that the law may change according to the change of circumstances. This has been manifested in various legal maxims as found in the studies of Islamic jurisprudence and its principles. This article attempts to clarify this concept by analyzing several legal maxims and instances in indicating how does the law change. In doing so, this article also highlights on an inevitable question: does the change really take place in Islamic Law; or the law just remains as it is, while the change happens in certain circumstances and then attributed to the law?