The fixed and the changeable in Islamic law

الثابت والمتغير في الشريعة الإسلامية

Shouman sets out the classical split: fixed rulings (the pillars of worship, the prohibited capital and property crimes) that do not change, and branch rulings with no decisive text, where the verdict may change with time, place, circumstance and person. He notes that some branch rulings rest on texts open to more than one reading, and that modern questions such as cloning and organ transplant are not addressed by texts at all.

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Overview

'Abbas Shuman relays the scholars' agreed division: rulings that do not change — the prescribed prayers, their numbers and times, zakat, fasting, hajj, the prohibition of murder, adultery, wine and theft — the smaller part of fiqh, called questions of usul; and branch rulings where the law set no certain text, in which fatwa shifts with time, place, circumstance and persons. Some branches rest on probable texts open to more than one reading, and modern cases like cloning and organ transplant were never covered by the texts at all 1.

Sources

  1. Glances at Renewal — Abbas Shouman , p. 11
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islam.museum contributors. “The fixed and the changeable in Islamic law”. islam.museum, https://islam.museum/en/concept/thabit-wa-mutaghayyir/. CC BY-SA 4.0. Last updated 2026-10-22.

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