Adaptation of Islamic Rulings to the Requirements of Time and Place
How can Islamic rulings from 1400 years ago adapt to the requirements of time and place?
Dynamic Ijtihad is one of the most important features of Shia jurisprudence; the ability of jurisprudence to adapt to the requirements of time and place while maintaining stability and permanence is a unique characteristic of Shia jurisprudence. This feature distinguishes Shia jurisprudence from secular legislation and other jurisprudential schools. In this perspective, two fundamental principles play a role: on one hand, Template:Arabic text, and on the other hand, Template:Arabic text. These two principles are central to Shia jurisprudence.
To adapt Islam to the requirements of time and place, the demands of the time and place are first evaluated. The criterion for this evaluation is the teachings and priorities of Islamic knowledge. If the demand is legitimate from an Islamic perspective and aligns with human interests and the objectives of creation, a ruling consistent with it is issued using jurisprudential methods and tools. However, if the demand of time and place is illegitimate, no ruling will be issued in its favor, and Islamic rulings may even oppose and combat it.
The dynamism of ijtihad and Shia jurisprudence is based on several unique features embedded in Islamic teachings. These features enable Shia jurisprudence to adequately address both the constant and changing needs of humanity and to respond to societal phenomena. As a result, Shia jurisprudence is flexible and capable of adapting to any time and place. Additionally, the existence of general principles allows jurists to derive new rulings on contemporary issues. Furthermore, the subject and criterion of some rulings are based on custom, and custom determines the goodness or badness of certain actions. For example, chess was considered a gambling tool in the past and was thus prohibited, but in modern times, as it is regarded purely as a mental sport, it is considered permissible under certain conditions.
Requirements of Time and Place
The requirements of time and place refer to the conditions that arise in a specific time or location and are shaped by human activity. Islam has a perspective on both the evaluation of changes and demands that emerge over time and place, as well as the rulings related to these changes.
Martyr Motahhari said in this regard: "Islam has a highly advanced and extraordinary legislative system that, for the same reason, can harmonize with the progress of time and even guide it, while simultaneously combating the deviations of the time. Islam is a religion that is not separate from the laws of creation; the legislator of this law is the Creator of this creation, and He has established it in harmony with creation. Just as there is constant evolution and transformation in creation, this legislative system also has the capacity for evolution and dynamism."
It is important to note that not all changes and demands of time and place are approved or endorsed by Islam. Islamic jurisprudential and theological perspectives align with the requirements of time and place and issue rulings consistent with them only when these requirements do not conflict with the accepted principles and values of Islam (which are based on divine revelation, divine knowledge, and human nature).
Many demands of time and place arise from the oppressive and exploitative nature of certain individuals. Undoubtedly, Islamic rulings not only do not conform to such demands but also actively oppose them.
On the other hand, some demands of time and place emerge from the progress and advancement of humanity in various cultural, social, industrial, and scientific dimensions. Islam appropriately identifies the positive achievements in these areas and issues rulings that align with them.
The Demand of Time and Place Regarding Women's Rights
Undoubtedly, the demands of time and place at the advent of Islam and before and after it in European countries regarding women and their rights were contrary to Islamic teachings and commands.
Women at the Advent of Islam and Before It
In ancient Greece, women were deprived of all rights and lacked any status or dignity; they were treated like property and had no economic rights, as they were not even considered human.[1] In Iran during the Achaemenid and Parthian eras, the situation was similar to that in Greece. The condition of women in pre-Islamic Arabia during the Jahiliyyah period was even worse, where men had unlimited authority, and women were considered the property of their fathers and husbands, and could be traded. One of the worst traditions that emerged during the Jahiliyyah period was the burying of infant girls alive.[2]
Should Islam have conformed to this demand of time and place, which was heavily influenced by distorted religions and autocratic governments, or even accepted by the people of that era, including women themselves?
Islam not only did not conform to this demand of time and place but also consistently opposed this oppressive mindset regarding women. From the very beginning of Islam, women were introduced as a divine blessing, created from the same essence as men,[3] and placed within the framework of the best creation.[4] God Almighty congratulated Himself for creating them.[5] The independence of women in individual, economic, social, and political matters was recognized through the luminous rulings of Islam,[6] and their central role in the family and in the production and upbringing of humans was emphasized.[7]
Women Today in the West
The demand of time and place in the modern era regarding women has taken a different form, and the violation of women's rights has reemerged in a new way. With the advancement of science, industry, and technology during the Enlightenment, capitalism took shape in the West. The promotion of capitalist goals through the growth and expansion of factories, companies, and industrial, agricultural, and other workshops required a vast, cheap, hardworking, and productive workforce that was also submissive and undemanding to serve the objectives of capitalism: power, wealth, and lust. The best way to achieve this goal was to attract women, who make up half of society, into the workforce and economy. This approach allowed capitalists to access a large pool of labor, which naturally led to cheaper services, as women had fewer demands compared to men and were less problematic for capitalists. Additionally, the inclusion of women in the workforce served as an exciting, influential, and irreplaceable tool for advertising and expanding markets and consumerism, using the culture of vulgarity and nudity to achieve capitalist goals.
This strategy conflicted with the central role of women in the family as mothers and wives, so the values associated with the institution of the family had to be destroyed. The promotion of feminist ideas and claims of absolute equality between men and women and the complete independence of women from men in all matters became a loud slogan that gradually prepared the ground for the sinister solutions of Western capitalism. As a result, women were separated from their sacred roles as mothers and wives in the foundational institution of the family and became tools for capitalists to achieve power, fame, and lust.
The danger of such a demand, which humanity faces in the contemporary era, is no less than the demands of the Jahiliyyah period in Arabia or the Middle Ages and beyond in the West. The destructive consequences of this demand of time and place have not only affected the identity of women but have also jeopardized the material and spiritual progress of all humanity. Undoubtedly, Islam's perspective on this demand of time and place is negative, and Islamic rulings do not conform to this ominous demand.
Dynamic Ijtihad
Ijtihad in Shia jurisprudence refers to the process of deriving and inferring rulings on various issues from the Quran, Sunnah, reason, consensus, and practical principles of Sharia and reason. In other words, the jurist strives to infer the divine will regarding various issues using the aforementioned sources, rather than expressing whatever pleases certain people based on illegitimate demands of time and place. The jurist faces two types of issues in deriving rulings: issues that existed at the time of the advent of Islam and were addressed by the Imams (AS), and issues that arise over time due to changing conditions and demands of time and place, known as newly emerging issues.
The jurist, using the four sources (Quran, Sunnah, reason, consensus) and the principles and foundations of inference provided by the infallible Imams (AS), can identify and infer the divine will regarding the rulings of both old and newly emerging issues.
In other words, all rulings or changes in rulings must be based on the principles and regulations established by the Imams (AS) and the Quran, so as not to make what God has declared lawful unlawful, or vice versa. On the other hand, one of the principles of divine rulings is that "What Muhammad (PBUH) declared lawful remains lawful until the Day of Judgment, and what he declared unlawful remains unlawful until the Day of Judgment."
However, this does not mean that divine rulings are static or incapable of change; rather, the possibility of change in divine rulings is itself one of the divine rulings, which is possible based on specific principles and criteria established by the infallible Imams (AS) and Quranic teachings. This means that divine rulings follow real benefits and harms, and the jurist is obligated to infer divine rulings using the methods provided by the Quran and the Ahl al-Bayt (AS).
Features of Dynamic Jurisprudence and Islamic Ijtihad
The dynamism of Islamic jurisprudence means that there are no dead ends in Islamic jurisprudence; all issues that arise over time for an individual Muslim or society have solutions in Islam that align with their real benefits and harms. In Islamic jurisprudence, relying on Islamic teachings, the demands of good and evil in time and place are well recognized, and appropriate rulings are issued based on real benefits and harms.
1. Flexibility of Rulings: Many Islamic rulings are inherently flexible and can be adapted to different times and places. For example, the six categories for blood money (Diyah) provide a practical method for calculating blood money in all places and times. Although some of these categories (such as towels) are outdated, five categories (gold, silver, sheep, camels, and cows) are still valid and can be used to determine the value of blood money.
2. General Principles: Islam has general and universal principles that enable jurists to derive rulings for new issues that arise due to changes in human life. For example, in Islam, a jurist can issue a ruling on cloning based on principles provided by the Imams (AS) or the Quran, even though cloning is a phenomenon of the 20th century and did not exist during the time of the Imams (AS).
3. Custom-Based Issues: The subject of some fixed rulings is based on custom, meaning that "custom" determines the instances of that subject. As a result, when the customary understanding of something changes, its ruling also changes.
For example, gambling or playing with gambling tools is inherently prohibited, but what constitutes a gambling tool is a matter of custom. Whether chess is considered a gambling tool in modern times or in our country is determined by the custom of the time and place. Thus, during the time of the Imams (AS), chess was considered a gambling tool and was therefore prohibited, but in modern times, it is regarded purely as a mental sport and is thus permissible under certain conditions.
4. Conflict of Rulings: The conflict of rulings is another factor that allows for changes in rulings and the dynamism of Islam. Fixed Islamic rulings often conflict with each other in the material world, which is a characteristic of this world. For example, the ruling of stoning an adulterer who is married is one of the fixed rulings of Islam, which has extensive and profound benefits, but explaining all its wisdom is beyond the scope of this question and answer. However, preserving the dignity and respect of Islam and the Islamic system is also an obligation, the importance of which is no less than executing the ruling of stoning. If a jurist, using the principles and foundations at his disposal and considering the benefits and objectives that God Almighty has considered in legislating Sharia, concludes that executing the important ruling of stoning conflicts with the higher interests of Islam and the Islamic system, he can temporarily rule against executing the ruling of stoning.
5. Obligatory and Non-Obligatory Rulings: Islamic rulings are divided into obligatory rulings (obligation and prohibition) and non-obligatory rulings (recommendation, disapproval, and permissibility). The jurist has the authority to issue obligatory rulings in the realm of non-obligatory rulings based on the benefits he discerns.
For example, insurance contracts are non-obligatory from a Sharia perspective, but the political authority (the jurist) can mandate third-party insurance for vehicles for the sake of social benefits. Similarly, although the blood money for a woman in Islam is half that of a man for various reasons, in the case of third-party insurance, which is a bilateral contract between the insurer and the insured, equality in compensation for men and women can be considered.
6. Secondary Titles Alongside Primary Titles: Another tool that enables the adaptation of Islamic rulings to time and place is the existence of secondary titles alongside primary titles. For example, for various reasons, the right to divorce is granted to men, but if a situation arises where a woman is subjected to extreme oppression, hardship, or distress, the jurist can execute the divorce without the husband's consent.
7. Confirmatory Rulings Alongside Foundational Rulings: While many Islamic rulings are established by the divine legislator, many social, political, and other regulations are also confirmed and endorsed by Islam, which can serve as a source of dynamism and flexibility in Islamic rulings. For example, in Islam, the right to choose residence, occupation, and divorce is granted to men, but through contracts and stipulations within marriage, these rights can be transferred to women.