"It is not denied that rulings change as times change..."
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Question
Allama Ali Haydar on Customs and Habits & When They May Influence Rulings of Sacred Law:
I am noticing many Muslims nowadays very loosely using the usuli principle that rulings changes according to culture and times. This principle, especially in North America, has been used very liberally and at will by many and it comes up many times in arguments and debates over abrogation of certain rulings. It is tragically also used by the layman in their ridiculous justifications of not following the sunnats of the Prophet Muhammad sallalahu 'alaihi wa sallam. I would like to know when and how this usuli principle was and is implemented by the 'ulema in abrogating certain rulings. Any information you would share on this subject would be greatly appreciated.
Answer
Assalamu alaikum,
This issue has been discussed in depth in the books of fiqh and usul. Allama Ibn Abidin (Allah have mercy on him) has a definitive treatise on customary practice, in his Rasa'il. I am working on a critical edition of his treatise in Arabic.
A clear yet scholarly investigation on this matter was made by Allama Ali Haydar [d.1353 AH / 1934 CE] (Allah have mercy on him), one of the most brilliant scholars of the Ottoman Caliphate at the turn of the 20th Century, in his detailed and masterly commentary on the Majalla, the Ottoman Hanafi commercial law code.
"(Item 36:) Customary practices are decisive
That is, customary practices, whether general or particular [f: to a specific area] are decisive in establishing legal rulings...
Customs and habitual practices are only considered decisive in establishing legal rulings if there is no primary legal text (nass) regarding that issue that is to be decided upon. If there is a primary legal text relating to it, then it is obligatory to act on. It is not permitted to leave a primary legal text (nass) for customary practices, because no human has the right to change the primary texts, and the primary texts are stronger [f: in their legal standing] than customary practices, because the latter could be baseless (batil)...
(Item 39:) It is not denied that rulings change as times change
He said (Allah have mercy on him): The rulings that may change as times change are those that are based on customary practices and habits, because as times change the needs of people change. Based on this, customary practices and habits change, and rulings [f: based on these] change . As for rulings derived from the primary bases of Sacred Law [f: the Qur'an, Sunna, scholarly consensus (ijma`), and rulings derived from these based on scholarly analogy (qiyas), these do not change, unless they [themselves] were build on customary practices or habits. " [Allama Ali Haydar, Durar al-Hukkam fi Sharh Majallat al-Ahkam]
It is important to note, though, that legal rulings may only be given by fuqaha. And major legal rulings, such as those that relate to changed circumstances, may only be given by major scholars of recognized knowledge, taqwa, and understanding.
And Allah alone gives success.
Wassalam,
Faraz Rabbani
This answer was published by SunniPath and is preserved as written. Rulings can depend on circumstances; for your own situation, consult a qualified scholar.
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