The Concept of Consistency and Change in Legal Rulings

Abstract

This research deals with the disciplined rooting of consistency and change in the Shari’a rulings while clarifying the scholars’ opinions on it. It also includes an explanation of the intended meaning of the change in the legal ruling, and that this change is a change in the reality of the facts, so the incident with different dimensions has two or more rulings according to its circumstances. It is a change in the application and the fatwa, not in the discourse according to its original requirement, and this is an activation of the spirit and intent of the text, even if it contradicts its ruling on the surface. The research aims to explain the importance of being aware of reality before applying the Shari’a ruling on it, taking into account individual and circumstantial exceptions and peculiarities, and not casting the rulings into rigid templates that are applied in all different circumstances, thus deviating from the spirit of Shari’a and its dominant objectives of facilitation and mitigation. This is the reason behind falsely accusing Islamic Shari'a of being inable to handle new issues.