چکیده:
History has seen many legal systems that, after a period of brilliant rule, have followed a path of decline and vanished from the memory of human societies due to their inability to adapt to social developments. However, Islamic law possesses a dynamic essence and an internal mechanism that guarantees its harmony with life's transformations. The flexibility of Islamic laws and the possibility of adapting them to the temporal and spatial conditions of each era ensure that Islamic law is always presented in contemporary forms. Without compromising its principles and foundations, its laws possess the necessary ability to meet the needs of various human societies throughout the ages. In fact, the Islamic legal system is a living entity that, while preserving its original and constant identity, continues its life based on various temporal and spatial variables. In this article, the factors and levers whose functioning results in the ability of Islamic laws to adapt to social developments are examined and analyzed.
خلاصه ماشینی:
The second viewpoint, relying on some legal rules and principles, believes that Islamic law is adaptable to social transformations and the conditions of time and place.
These instructions, which are interpreted as "governmental rulings," fall into the category of primary rulings according to the provisions of the verse "اطیعوا الله و اطیعوا الرسول و اولی الامر منکم" (Surah An-Nisa - Verse 59); because the Islamic ruler, based on the permission granted to him by the Legislator and the necessity of obeying his commands, acts according to his own authority and issues orders in cases where interest necessitates it.
The progressive jurist, Martyr Muhammad Baqir al-Sadr, says in the book "Al-Islam Yaqud al-Hayah" regarding this: Intentional silence in the Islamic legal system regarding the necessary characteristics of government in this regard naturally creates legal free zones and freedom of will; meaning that people, through their own choice, occupy the cases of silence (by virtue of governance, not by virtue of legislation), and this is an opening that has been foreseen in the texts regarding intentional silence, and it is a necessity for the eternal nature of Sharia and the requirement of "la darar" (no harm) (Sadr: p.
Avicenna (Bu Ali Sina) says regarding the necessity of ijtihad: Since the conditions of the time are changing and new issues constantly arise, while on the other hand, the general Islamic principles are fixed and unchangeable, it is necessary that in all eras and times there be individuals who, with complete knowledge and expertise in Islamic issues and, considering the new issues that arise in every era, be responsive to the needs of Muslims (Ibn Sina: p.
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