ahkam syar'iyyah baina al-thabati wa al-taghayyur
Qadir Salih al-Zanki, (2004) ahkam syar'iyyah baina al-thabati wa al-taghayyur. Jurnal Fiqh, 1 (5). pp. 95-124. ISSN 1823-089X
One o/f/ze 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?
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