The importance of comparative fiqh in contemporary issues / Wan Nurul Balqis Zaihan Marican … [et al.]

Islam is a religion and a way of life that is syumul or comprehensive, where all its rules have been determined in all aspects of human life ranging from the question of faith, worship, and morality, to the affairs of society and statehood which range from economic, educational, political and social domains. The source of the ruling from al-Quran and al-Sunnah is the best guide to mankind where it is the revelation of Allah SWT which contains the legal explanation for every question in everyday life. The sanctioning of the ruling found in the Quran and al­Sunnah is included in two components which are Al-Thawabit (permanent and eternal) and al­mutaghayyirat (which can change). Al-Thawabit is the fundamental Islam which is the pillar, foundation, and principle of religion which does not change until the day of Resurrection, while al-mutaghayyirat is the branches or furu' ruling that can change according to the circumstances of the atmosphere and times.

The law that can change is subject to waqi' or the current reality which usually refers to the current values of culture, customs, or 'urf as well as the needs of a society in a particular locality. This change is aimed at maintaining the welfare of human life in accordance with the purpose of the Shari'a. The component of Al-Mutaghayyirat consists of rulings that are ijtihadi in various fields of fiqh and it can be further developed by Islamic jurists. In other expressions, the Islamic Shari'a is fixed on matters of motion and is flexible in matters of furu' which involves many current questions in any dimension of human life.