Is it true that a fatwa changes with the change of time, place, custom, and circumstance, and that scholars have reached a consensus on this, and what are the legal (Sharia) and Sunnah proofs for this statement?
The rule "It is not denied that rulings change with the change of time" is specific to rulings based on custom and tradition, and it branches from the rule "Custom is an arbiter."
The rulings that change are those based on custom and tradition, such as the differing views of houses when purchasing a dwelling, or accepting the testimony of the most virtuous due to the corruption of the times. As for rulings based on evidence and not built upon custom and tradition, they do not change, such as the punishment for intentional murder.
It must be noted that the fundamental principle in Sharia is the stability of rulings, and the word "rulings" in the rule is not general. The fundamental fixed rulings in the Quran and (such as the prohibition of injustice, fornication, and usury), the pillars of Islam, devotional rulings, and matters of creed are all constant and do not change with the change of time or place, nor do they accept alteration or independent reasoning.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 23735
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy