Do the rulings of the Shari'ah change with changes in time and place?
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The questioner : May Allah reward you with good. Do you not see, O honorable one,The Shaykh : that there are rulings that change with the change of time and the corruption of that time and circumstances?
The Shaykh : This statement is incorrect in its absolute form. It is true that rulings change with changes in time and place, but here a question arises: Are the rulings those explicitly stated in the texts, or those based on the independent legal reasoning (ijtihad) of some scholars?
The questioner : I would like to direct myself to this area, may Allah bless you. For example, when some of the Companions increased the punishment for intoxicants to eighty lashes and made the three [divorces] count as three, does this have a basis in the Shari'ah?
The Shaykh : It is sufficient that it came from the Companions, who are the role models. But this, may Allah bless you, should not make us forget this very important scientific reality.
The questioner : I have no doubt about this.
The Shaykh : That if we take that rule in its absolute, general, and comprehensive sense, it means we have opened up a space, as many people do today, to permit what Allah has forbidden, such as riba (usury or interest) and the like!
The questioner : This is correct.
The Shaykh : Therefore, the scope of that must be narrowed.
The Shaykh : This statement is incorrect in its absolute form. It is true that rulings change with changes in time and place, but here a question arises: Are the rulings those explicitly stated in the texts, or those based on the independent legal reasoning (ijtihad) of some scholars?
The questioner : I would like to direct myself to this area, may Allah bless you. For example, when some of the Companions increased the punishment for intoxicants to eighty lashes and made the three [divorces] count as three, does this have a basis in the Shari'ah?
The Shaykh : It is sufficient that it came from the Companions, who are the role models. But this, may Allah bless you, should not make us forget this very important scientific reality.
The questioner : I have no doubt about this.
The Shaykh : That if we take that rule in its absolute, general, and comprehensive sense, it means we have opened up a space, as many people do today, to permit what Allah has forbidden, such as riba (usury or interest) and the like!
The questioner : This is correct.
The Shaykh : Therefore, the scope of that must be narrowed.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.