School of Languages and Linguistics - Theses
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ItemText and the immutability of Islamic law: a study of the flexibility evident in dealing with texts in early Islam( 2000)Since the advent of Islamic revivalism in modern times in the 18th and 19th centuries CE, one of the major themes of many Muslim revivalists is the adaptation of Islam, as manifested in its law, to the present day situation of Muslim societies. Islamic law is based on the foundation texts of Islam, the Qur’ān and the Sunnah which are authoritative for Muslims. As adaptation implies certain changes to this law, a major problem that needs to be addressed is how to justify change to the rulings based on these foundation texts. The present study addressed this problem and investigated the issue of change and immutability of the rulings of the foundation texts with particular reference to six cases related to the social sphere. They include: the zakāt laws; the hadd punishment for theft; male-female inheritance shares; female testimony; matrimonial guardianship and dower; and slavery. The study explored the degree of flexibility evident in the early period of Islam, during the time of the Companions and the Followers. It explored how these early Muslims dealt with the rulings of the foundation texts, the Qur’ān and the Sunnah, especially when confronted with a different situation or with changed circumstances to those addressed by a given text initially. The study found that the Companions as well as the Followers, when faced with a different situation or with changed circumstances, brought significant changes to the rulings of the foundation texts. They reinterpreted and elaborated on the rulings of the foundation texts and, when circumstances demanded, even waived some of these rulings to accommodate a new situation. The study found that, among the cases examined, many foundation texts related to these cases, indicated that the values (ahkām) embodied in these texts were influenced by cultural factors such as the prevailing economic situation and customs. That the texts indicated such influences and that the early generation showed flexibility in dealing with the texts, especially those related to the social sphere, is highly significant: they provide strong justification for the changeability of some foundation text-based Islamic laws in line with the needs of, and changes that have been occurring in, today’s Muslim society.