Non-Permanent vs Permanent Shari'ah
Question:
Quote from page 18 of your article: “The form of the non-worship shari‘ah of the Qur’an was never meant to be permanent".
It means that all the worship shariah is permanent.
Can you give some examples please and why it is permanent.
Answer:
Further down in the same article I have written:
“The form of the shari‘ah as given in the Qur’an, needs to be adjusted when social changes make this necessary, in order to serve the wisdom behind that form. This mostly applies to non-worship shari‘ah.”
As you can see neither here nor anywhere else in the article I have categorically stated that the form of the worship shari’ah is permanent.
However the whole argument of need for adapting the form of the shari’ah is due to the changes and diversities in societies and infrastructure of civilisation. These changes and diversities normally only affect those parts of the shari’ah that are about social issues. The worship shari’ah in principle is not much depending on the social and civilisation infrastructure. This is because (while having collective aspects) the worship shari’ah is primarily about the human being and God, rather than human being and other human beings (note, for the purpose of this writing I consider zakah to be among the social shari’ah, more specifically the economic sphere, and not worship shari’ah).
You demanded an example. Think about daily prayers. They are between God and us. At least for now I do not see how the changes in society or civilisation would require changing the way that we pray. I do not see how a change in society may require us to pray (for instance) 2 times a day instead of 5, or to pray maghrib in 5 rik’ah instead of 3!
Having said that, even in the worship shari’ah you have seen demand for adapting the shari’ah. At our time this is not due to change of era, but is due to change in location. There are places in the world where during certain times in the year, the length of the day can be as long as 23 hours or as short as 1 hour. What should we do when it comes to fasting during these days? If we say that the form of the worship shari’ah was meant for every location then basically we should hold the opinion that people who live in these places have to fast for 23 hours (in one case) and 1 hour (in another case). Similarly there are places where the length of day or night will be more than a month at some times of the year. If we believe that the form of the shari’ah was meant to be universal then that means in these places and at those times reading night prayers or day time prayers was not necessary for months!
As you know scholars have rightly done ijtihad and have come up with different solutions for the above situations. Now one may argue that this is not adapting the shari’ah it is simply doing ijtihad within the shari’ah. We are not playing with words here. What we do see is that a form of the shari’ah (that is assumed to be permanent and universal by our traditional scholars) is not applicable at some places in the world.
So to conclude, I believe the form of the shari’ah in general was never meant to be fixed and permanent. This seems to be an assumption with no evidence. The form of the shari’ah was sent down on the basis of the society that received it, and it was meant to be adapted as the society changes in time or location. This hardly applies to worship shari’ah because the worship shari’ah is not primarily in the social sphere. At least for now I do not see the passing of time raising any needs for adapting the form of the worship shari’ah. This is while change of location (as described above) has in deed brought the need for adapting the form of the worship shari’ah.
Please do let me know if any point is not clear or if you have any further questions with this regard.
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February 2017
Farhad Shafti
Quote from page 18 of your article: “The form of the non-worship shari‘ah of the Qur’an was never meant to be permanent".
It means that all the worship shariah is permanent.
Can you give some examples please and why it is permanent.
Answer:
Further down in the same article I have written:
“The form of the shari‘ah as given in the Qur’an, needs to be adjusted when social changes make this necessary, in order to serve the wisdom behind that form. This mostly applies to non-worship shari‘ah.”
As you can see neither here nor anywhere else in the article I have categorically stated that the form of the worship shari’ah is permanent.
However the whole argument of need for adapting the form of the shari’ah is due to the changes and diversities in societies and infrastructure of civilisation. These changes and diversities normally only affect those parts of the shari’ah that are about social issues. The worship shari’ah in principle is not much depending on the social and civilisation infrastructure. This is because (while having collective aspects) the worship shari’ah is primarily about the human being and God, rather than human being and other human beings (note, for the purpose of this writing I consider zakah to be among the social shari’ah, more specifically the economic sphere, and not worship shari’ah).
You demanded an example. Think about daily prayers. They are between God and us. At least for now I do not see how the changes in society or civilisation would require changing the way that we pray. I do not see how a change in society may require us to pray (for instance) 2 times a day instead of 5, or to pray maghrib in 5 rik’ah instead of 3!
Having said that, even in the worship shari’ah you have seen demand for adapting the shari’ah. At our time this is not due to change of era, but is due to change in location. There are places in the world where during certain times in the year, the length of the day can be as long as 23 hours or as short as 1 hour. What should we do when it comes to fasting during these days? If we say that the form of the worship shari’ah was meant for every location then basically we should hold the opinion that people who live in these places have to fast for 23 hours (in one case) and 1 hour (in another case). Similarly there are places where the length of day or night will be more than a month at some times of the year. If we believe that the form of the shari’ah was meant to be universal then that means in these places and at those times reading night prayers or day time prayers was not necessary for months!
As you know scholars have rightly done ijtihad and have come up with different solutions for the above situations. Now one may argue that this is not adapting the shari’ah it is simply doing ijtihad within the shari’ah. We are not playing with words here. What we do see is that a form of the shari’ah (that is assumed to be permanent and universal by our traditional scholars) is not applicable at some places in the world.
So to conclude, I believe the form of the shari’ah in general was never meant to be fixed and permanent. This seems to be an assumption with no evidence. The form of the shari’ah was sent down on the basis of the society that received it, and it was meant to be adapted as the society changes in time or location. This hardly applies to worship shari’ah because the worship shari’ah is not primarily in the social sphere. At least for now I do not see the passing of time raising any needs for adapting the form of the worship shari’ah. This is while change of location (as described above) has in deed brought the need for adapting the form of the worship shari’ah.
Please do let me know if any point is not clear or if you have any further questions with this regard.
-------------------
February 2017
Farhad Shafti
