الثابت و المتغير في الأحكام الفقهية

الملخص EN

Constants and variables are universal laws in man, life and universe.

Islamic Shari’a fits all times and places.

That is why the juristic provisions take into account the concepts of constancy and variability starting from their sources.

These sources can be constant such as the Quran, the Sunna (prophetic tradition), consensus, the views of the companions, and the legislations of the pre-Islamic nations, or variable such as analogy, istihsan (preference), urf (convention), and the practical juristic provisions that determine constant principles including contracts, transactions, juristic rules, family relations, international relations, faith and creed, worship, and ethics.

In addition, there are the juristic provisions and rules that handle emergent and variable situations and conditions and issues relevant legislations and solutions.

Therefore, ijtihad (reasoning) remains open as a duty on the Islamic nation especially on the fiqh and Shari’a scholars who should find solutions for whatever emerges in people’s life in order to make the Islamic Shari’a compatible with all times and places and in order to meet the changing needs of people.

Thus, Muslims will live happily abiding by the shari’a regulations in this life and the Here after.

The research will also highlight the theoretical and practical consequences of constant and variable provisions.