This document discusses two fiqhi principles: 1) Anything that is a prerequisite for an obligatory act becomes obligatory itself. Examples given include wudu being necessary for prayer, so wudu becomes obligatory. 2) Islamic rulings can change according to changes in time and circumstances. Rulings based on qiyas, public interest, and customary practice may need to change as customs change over time. But rulings proven directly from the Quran and Hadith cannot be changed. Examples of rulings changing with technology and customs are discussed.

1. Qawaid Fiqhiyyah
• Ma la Yatimmu alWajibu
illa bihi fa Huwa Wajib
&
La yunkar taghayyur
al-ahkam bitaghayyur al-azman
JBM2295B
Prepared For :
Ustaz Mohd. Asyadi Bin Redzuan
Prepared By :
1. Anis Hayati Bt Azmi
2. Siti Mutmainnah Bt Suradi
3. Nurul Aidah Asyikin Bt Mohmad
Nordin
4. Amanda Sabariah Bt Shamsuri

2. Ma la Yatimmu al-Wajibu
illa bihi fa Huwa Wajib &

3. Definition
• “When a compulsory cannot be done
without a thing, it is then becomes
compulsory”
• The pre-requisite of anything that is
wajib will become wajib.

4. Example:
The ruling of wudhu’ is sunat but it become wajib to perform solat
Fardhu kifayah matters become compulsory with the absence of the
matters
Dakwah become compulsory so long as islamic state is not established

5. Evidence
• Al-Quran 5:44
• “…And whoever did not judge by what allah revealed, those
are they that are the unbelievers.”

6. Application
1.
Ibadah
Perform solat is obligatory. While taking wudhu’ is
sunat. Taking wudhu’ will be obligatory when a person
want perform solat.

7. 2.Muamalat
Taking riba in business is prohibited in islam. Everyone is
obligatory to avoid from taking riba. So, class, talk and
seminar regarding riba is obligatory in order to obtain
knowledge about riba.

8. 3. Dakwah
Dakwah become compulsory so long as islamic state is not
established. Establishing an islamic state is an obligation because
it is a precondition for the full implementation of the islamic law.

9. La yunkar taghayyur al-ahkam
bi-taghayyur al-azman

10. • Definition :
It cannot be denied that changes in rulings follow changes in time.
Changes in situation and conditions have great impact on many
shariah rullings derived from ijtihad. This is because whatever
shariah rullings that was derived based on people’s custom and
traditions would change according to changes in the custom,
prctices and traditions of people.
However, rulings that is proven by a text of shariah sources cannot
be changes.

11. The injunctions of Islamic law aim to achieve the fundamental of
shariah such as to establish justice,acquiring benefit and preventing
harms.
Obviously, all these are related to circumtances and the means of
time.
There are numerous shariah ruling that are useful for a particular
period of time but after one or two generations, it may no longer be
able to meet the objectives.
To respond to this fact, numerous jurist from various doctorine of
Islamic law have dicided differently in several issues and even
contrary to the opinion of their prodecessors.

12. • According to Ibn Abidin, numerous rulings of Islamic law vary with
the variance of time baesd on the changes of customs and
collectives practices of the people due to the need of the time or
corruption of people of the time. Infact, they also can give difficult
and hardship to people.
• Hence, it is not to be denied that the legal injunction vary due to the
variance of times, customs and collective practices of the people.
• If
the custom and culture changes, then the legal injunction
grounded on that also would be change.

13. The rulings that would be change pursuant to the changes of time are the
ruling based on qiyas, maslahah and urf.
On the other hand, legal rulings that are basically fundamentals of the shariah
and derived from the original text of shariah i.e Quran and Sunnah can NEVER
be change.

14. For instances, the shariah has granted the option for a buyer who
has bought something to see the purchased item.
‘’Whoever bought something which he has yet to see, he is then
entitled to an option to see it’’- Prophet S.A.W

15. Examples and applications
1.
Since the black colour is considered as a defect in the era of Imam Abu
Hanifah, he is opinied that if the usurper dyes the cloth with black color it
would be threated as an original defect of the object. However, afterwards
when the custom and norm of the people has changed and they used to
consider this as an addition instead of a defect, both of the companions of
Abu Hanifah opined that it is to be threated as an addition, not the defect.

16. 2. Obligation of the registration of vehicles, having licences, takaful coverage
and so on. Obviously, these rulling have passed as a response to the needs of
time for several valid objectives to be achieves such as protection of lives and
property.
3.
Among other examples of the advancement of time is the diversity in the
design and pattern of the constuctions, properties, houses, as well as
discrepancy of the custom in accomodations, utilities clothing and so on.
Obviously these variances would lead to the variance of mode of modes of
the inspection of subject matter of sale contract. Hence nowadays it becomes
a necessity to scrutinize the sold object as a whole, since the partial
inspection may not meet the objectives.

17. 4. The OIC Fiqh Academy originally approved tawarruq as a principle in the
Islamic finance and capital market industries as a financing tool. However, it
later prohibited the used of what it called the organized tawwaruq.
5. The
SAC of SC used benchmark of 10% income from interest from
conventional banks in determining wheter a listed stock is shariah approved.
However, at the time of the ruling, the number of Islamic bank is limited and
it was difficult to avoid not getting interest from conventional banks. In the
future, the SAC of SC may review its decision since the number of Islamic
bank has grown and it is no longer difficult to avoid interest.