Fiqh and Shariah

Bismillah. Sheikh Yasir, I was wondering when in the class it was mentioned as one point in the distinction b/w Fiqh and Shariah the 2nd point was that Fiqh changes to meet different circumstances - Fiqh Nawaazil. As far as my understanding goes for Fiqh Nawaazil, there will be new instances which no Fiqh was derived for it yet, so in that respect Fiqh is changed, but can an Fiqh issue be changed still using the Shariah as time goes foward, and can you give some examples? Inshallah you understand what I am saying. Jazaakallah Khairun.

Bismillah. Jazaakallah Khairun Sr. UmmSarah. Yeah you understood me right, and I guess too if a ruling was made with say Ijmaa' and then they found a Hadith to say otherwise or something in that nature then it would change too.

Originally Posted by ibs81

Bismillah. Jazaakallah Khairun Sr. UmmSarah. Yeah you understood me right, and I guess too if a ruling was made with say Ijmaa' and then they found a Hadith to say otherwise or something in that nature then it would change too.

Just a slight correction, you will never find Ijmaa that contradicts with any Ayah or Hadeeth because the scholars should have surveyed all the evidences available before arriving at that Ijmaa’.
Which leads to an Usul issue: can Ijmaa’ of one time be abrogated by another Ijmaa of a later time?

Try to look for the answer.

How about that for homework?

Isn’t Fiqh fun?! I love Fiqh.

Originally Posted by Yaser Birjas

Which leads to an Usul issue: can Ijmaa' of one time be abrogated by another Ijmaa of a later time?

Try to look for the answer.

How about that for homework?

Isn't Fiqh fun?! I love Fiqh.

Assalaamu alaikum,

This is my try based on what I understood from Sh. Muhammad Al-Jeezaanee in a workshop on rulings regarding fatwaa, the muftee, and the mustaftee.

* The ummah can never reach ijmaa' on an issue and be incorrect. "Laa tajtami'u ummatee 'alaa baatil"

* The rule of "taghayyur al-fatwaa biz-zamaan" (fatwaa changing by time) is valid.

* So.. how can one generation of scholars reach ijmaa' on the ruling of a situation and give one fatwaa while another generation changes the fatwaa on the situation and reaches ijmaa' on this opposing fatwaa? The answer is that it is no longer the same situation.. when time changed the situation changed.. rulings change because situations change according to time, people, and place. Had the second situation been exactly identical to the first.. the ijmaa' would not have been different.

* This of course is restricted to masaa'il ijtihaadiyyah.

* Also, this can be better understood if we think of it in terms of sadd udh-dharaa'i. At one time the action under question can be a dharee'ah to good (and therefore ruled halaal) and at another time it can be a dharee'ah to bad (and therefore ruled haraam).

Wallaahu A'lam.

This brings me to another question. Is ijmaa' possible in this day and age? Many speakers I hear say that ijmaa' can not be imagined after the time of atbaa' ut-tabi'een.

bump for the HAYLSTORM