Question

In the book, System of Islam, (Nitham Al- Islam) the following is mentioned,

"Therefore the higher objectives to safeguard society were not from man but they are commands and prohibitions from Allah and are fixed and do change or evolve. To safeguard humankind, the mind, human dignity, human soul, personal ownership, the Deen, security, and the State are fixed higher objectives to safeguard society and are not changed or evolved."

The question is:

Isn't it the case that Ijtihad in the constitution will change some text, yet the text above mentions that the text will not change or evolve?
Please elaborate this.

Barak Allah feek and May He (swt) assist you.

Answer

Wa Alaikum us Salaam Wa Rahmatullah Wa Barakaatuhu

Dear brother, Ijtihad is not applicable to the texts which are definite and definite in meaning, i.e. the verses of the Qura'n and Hadeeth Mutawatir, they are definite in meaning according to the study of the language and section of the Book and the Sunnah.

Ijtihad is applicable to the indefinite texts, whether they are definite texts or indefinite texts.

As long as the meaning is indefinite the Ijtihad applies, according to what is known in the sciences of Usul and Fiqh.

What is mentioned in the book as higher objectives that must safeguard the Islamic society, they are definite texts with definite meanings; its hukum (ruling) does not change by Ijtihad because Ijtihad is not applicable here; it is not applicable to definite text.

Your brother,
Ata Bin Khalil Abu Al-Rashtah

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