The Dialectics of Fiqh and Social Reality: Studying the Rule of Fixability and Variability as a Model of Systematization in Social Issues

One of the fiqhi and usuli[1] principles in which extraordinarily theological and social approaches are applied is the rule of fixability and variability. A rule that, aside from neglecting its study, a careful and exact look at it can serve as the basis for systematic and advanced legislation in Islamic society. This paper has attempted to explain the systematic approach in this regard by considering social reality as a variable and achievement-oriented ijtihad[2] in the sources as a fixed principle. Within such a framework, social reality will always interact with the sources and principles of fiqh at the time and place as the subject of the commandments and the practices of the practitioners. If this issue is well established, the result of the interaction of this dynamic and efficient fiqh will be in most systems of law for society. The study has struggled to emphasize the innovative or newly-established subjects (wherein fixed and variable fiqhi rule takes place) and the social understanding of the scriptures/sources (as the ijtihadi[3]/argumentative discovery strategy) so that a systematic adaptation to the desired result of the fiqh of legislation which is based on reality is formed. Since designing such patterns are detail-oriented by nature, it is possible that the goals and ends of the sharia is neglected or distorted and thus the present study has designed this system based on paving the way for fitrah as one of the goals of sharia.