كتاب الفقه_الإسلامي_بين_الثابت_والمتغير_أحمد_النقيب

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The book you're asking about is "الفقه الإسلامي بين الثابت والمتغير" (Al-Fiqh al-Islāmī bayna al-Thābit wa al-Mutaghayyir - Islamic Jurisprudence Between the Constant and the Variable) by Ahmed Al-Naqib (أحمد النقيب).

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About the Author: Ahmed Al-Naqib

Ahmed Al-Naqib (أحمد النقيب) is a contemporary Islamic scholar and researcher, known for his ability to bridge traditional Islamic sciences with contemporary challenges. His works often emphasize a balanced approach rooted in authentic texts, aiming to provide practical and relevant guidance for Muslims in the modern world. He frequently addresses issues related to renewal (tajdīd), methodology (manhaj), and contextual understanding of Islamic law.

Understanding the Title: "Islamic Jurisprudence Between the Constant and the Variable"

This title immediately points to a crucial and often debated topic in contemporary Islamic thought: the dynamic nature of Islamic Fiqh and how it balances unchanging divine principles with the changing realities of human life.

• الفقه الإسلامي (Al-Fiqh al-Islāmī): Islamic Jurisprudence, the understanding and application of Islamic law derived from its sources.

• بين الثابت (bayna al-Thābit): "Between the Constant/Fixed." This refers to the immutable principles, core tenets, fundamental beliefs, and clear, explicit rulings derived from definitive texts (e.g., the five pillars of Islam, major prohibitions like murder or adultery). These aspects of Fiqh are not subject to change over time or place.

• والمتغير (wa al-Mutaghayyir): "And the Variable/Changeable." This refers to those aspects of Fiqh that are open to reinterpretation, adaptation, or different application based on changing circumstances, customs, societal needs, and advancements. These are often rulings derived through ijtihad (independent legal reasoning) based on general principles, or issues for which the texts allow for flexibility.

Therefore, "Al-Fiqh al-Islāmī bayna al-Thābit wa al-Mutaghayyir" is a book that explores the theoretical framework and practical implications of distinguishing between the unchangeable foundational principles of Islamic law and those rulings that are amenable to change or re-evaluation based on context, time, and place. It seeks to clarify the boundaries and methodologies for applying Islamic law in a way that preserves its integrity while addressing modern challenges.

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Expected Content of the Book:

This book would likely delve into:

1. Introduction: The Nature of Islamic Law and its Universality/Adaptability:

   • The inherent dynamism of Islamic law.

   • The reasons why some aspects are constant (divine wisdom, preservation of core values) and others are variable (flexibility, mercy, suitability for all times and places).

   • The dangers of rigid literalism that ignores context, and the dangers of excessive liberalism that disregards fixed principles.

2. Defining and Delineating "The Constant" (al-Thābit):

   • Creedal Foundations (Aqidah): The oneness of Allah, prophethood, the Last Day, etc.

   • Major Acts of Worship (Ibadat): The pillars of Islam (Salat, Zakat, Sawm, Hajj) in their essence.

   • Fundamental Moral Values: Justice, honesty, compassion, forbidding major sins like murder, theft, adultery, intoxicants.

   • Definitive Legal Texts (Nuṣūṣ Qaṭʿiyyah): Clear and unambiguous verses of the Quran and authentic Hadith that allow for no other interpretation.

   • Established Consensus (Ijmāʿ Qaṭʿī): Issues where there is absolute and unquestionable consensus among Muslim scholars.

3. Defining and Delineating "The Variable" (al-Mutaghayyir):

   • Rulings based on Ijtihād: Issues derived through scholarly interpretation, where multiple valid opinions may exist.

   • Rulings based on Maslahah (Public Interest): Where the specific application of a principle might change based on what serves the greater good.

   • Rulings related to Urf (Custom): Where local customs or societal norms influence the application of a ruling, provided they don't contradict a fixed principle.

   • Rulings related to Zaman (Time) and Makan (Place): How changing circumstances, technological advancements, or societal structures impact the practical application of Fiqh.

   • Details and Sub-issues: Many practical details of Fiqh where the texts are general or where specific scenarios arise that require new ijtihad.

4. Methodologies for Dealing with Change:

   • Ijtihād and its types: Principles of individual and collective reasoning.

   • Fiqh al-Awlawiyyat (Jurisprudence of Priorities): Discerning what is most important in a given context.

   • Maqāṣid al-Sharīʿah (Objectives of Islamic Law): How understanding the higher aims of Sharia guides flexible application.

   • Raʿy al-Masāliḥ (Consideration of Public Interest): Applying rulings based on what genuinely benefits the community.

   • Darʾ al-Mafāsid Muqaddam ʿalā Jalb al-Maṣāliḥ (Preventing Harm Takes Precedence over Achieving Benefits): A key principle in navigating changing situations.

5. Practical Examples: The author would likely provide numerous examples from contemporary life where this distinction is crucial, such as:

   • Islamic finance (e.g., new types of contracts).

   • Bioethics (e.g., organ transplantation, reproductive technologies).

   • Environmental issues.

   • The role of women in society.

   • Muslim minorities in non-Muslim lands.

Significance of the Book:

• Addresses a Core Modern Challenge: It directly confronts the tension between preserving Islamic authenticity and responding to modern challenges.

• Promotes a Balanced Understanding: It aims to counter both rigid extremism and reckless liberalism in understanding Islamic law.

• Empowers Informed Ijtihād: It provides a framework for scholars and informed Muslims to engage with contemporary issues constructively.

• Educational Value: It serves as a valuable resource for students of Fiqh and Usul al-Fiqh, helping them develop a nuanced understanding of Islamic legal methodology.

This book is highly relevant for anyone seeking to understand the dynamism and adaptability of Islamic law in the modern era, particularly those interested in how Islamic principles can guide contemporary life while remaining faithful to their divine origins.