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The question

Can the mufti, in view of the renewed and changing reality, introduce a change in rulings that are definitive in their establishment and meaning, based on the action of Umar (may Allah be pleased with him) when he withheld money from those whose hearts were to be reconciled [the "Mu'allafatu Qulubuhum"] and suspended the Hadd punishment for theft in the Year of the Ash?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The Quran is definitive in its authenticity due to its continuous transmission from the Prophet, peace and blessings be upon him. However, not all of its verses are definitive in their meaning; some verses admit more than one interpretation, while others allow only one.

Religious rulings are of two types: those that are constant and do not change with the alteration of time and place, and another type that changes with the alteration of its underlying reason ('illah) or the benefit ('maslahah') resulting from it. This is exemplified by Umar, may Allah be pleased with him, when he withheld from those whose hearts were to be reconciled (al-mu'allafatu qulubuhum) and suspended the cutting of hands for theft during the Year of Ash (Aam al-Ramadah). This was an application of jurisprudence and a consideration of circumstances, not a suspension of Allah's rulings.

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Where this answer came from
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Ftawy
Original fatwa ID
58988
Imported
Translation status
Source text, unreviewed
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