Islam's Commandments Do Not Change In The Course Of Time

Some of insidious and ignorant disbelievers say, "Yes, Islam commands developing good habits, being healthy, working hard, and it prohibits evils and matures people. These are necessary for every nation. Yet there are also social rules, the rights of family and community in Islam. These were established in accordance with the circumstances of ancient times. Today, nations have grown larger, circumstances have changed and needs have increased. New rules and laws are necessary to meet today's technical and social improvements. Rules in the Qur'an cannot meet these needs." Such words are the absurd and out-of-place thoughts of the ignorant who do not know of Islamic laws and Islamic knowledge. Islam has declared clearly what justice and cruelty are, what rights and duties people have towards one another, families and neighbors towards one another, people towards the government, and governments towards one another. Islam states what a crime is, and it has put basic rules upon these unchangeable concepts. It has not limited the practicing of these unchangeable rules on all events and happenings, but has commanded them to be practiced according to common usage.

In the book Durar-ul-Hukkam, an explanation of Mecelle, from article 36 onward, it is written: "The rules depending upon a Nass (Ayat-i karimas [1] or Hadith-i sharifs [2] with clear meanings) or a Dalil (proof) do not change in the course of time; however, the rules depending upon customs and common usage may change with time. The Hukm-i Kulli (general rule) does not change, but its application to events may change in time. In worship, 'common usage' becomes dalil in order to give clarity and to inform people of a rule which is not declared by a Nass. To classify a custom as 'common usage', it must originate from the time of the Sahaba-i Kiram [3], and it must be known that it has been used by the Mujtahids [4] and that it has continued to be used. In the rules of Mu'amalat (transactions), the customs prevailing in a region which don't contradict a Nass also become dalil.

These can be understood by the alims [5] of fiqh [6]. Allahu ta'ala has established the Islamic religion in such a manner that it addresses every new development and invention in every country. Showing toleration and indulgence not only in social life, but also in worships, the Islamic religion has given men freedom and the right of ijtihad [7] when confronted with different conditions and necessities.

[1] ayat: A verse of al-Qur'an al-karim; al-ayat al-karima.
[2] hadith (sharif): i) a saying of the Prophet ('alaihi 's-salam).; al-Hadith ash-sharif: all the hadiths as a whole; ii) 'ilm al-hadith; iii) Books of the hadith ash-sharif. iv) Al-hadith al-qudsi, as-sahih, al-hasan: kinds of hadiths (for which, see Endless Bliss, II).
[3] Sahaba: if a Muslim has seen the Prophet, or talked to him, at least once when the Prophet was alive, he is called Sahabi. Plural form of Sahabi is Sahaba or As'hab. The word Sahaba-i kiram includes all those great people each of whom has seen the Prophet at least once. The lowest of the Sahaba is much higher than the highest of other Muslims. If a person has not seen the Prophet but has seen or talked to one of the Sahaba at least once, he is called Tabi'. Its plural form is Tabi'in. In other words, the Tabi'in are the successors of the Sahaba. If a person has not seen any of the Sahaba but has seen at least one of the Tabi'in, he is called Taba'i Tabi'in. The Sahaba, the Tabi'in and the Taba'i tabi'in altogether are called the Salaf-i salihin (the early savants).
[4] mujtahid: great 'alim capable of employing ijtihad; mujtahid imam, mujtahid mufti.
[5] alim: i) scholar trained in Islamic knowledge and his contemporary science. ii) (pl. 'ulama') Muslim scholar.
[6] fiqh: knowledge dealing with what Muslims should do and should not do; actions, a'mal, 'ibadat.
[7] ijtihad: (meaning or conclusion drawn by a mujtahid by) endeavouring to understand the hidden meaning in an ayat or a hadith.