Meaning
Shahrur holds that the detailed rulings on fasting, pilgrimage, almsgiving, retribution, and others are not fixed in a single form; rather, they are understood as open to practical ijtihad according to changing circumstances. Their application is therefore connected to the development of society and knowledge, rather than to inherited juristic tradition.
The Atom’s Structure in the Atlas
- Type of argument: legislative
- Argument movement: In his view, detailed rulings are open to ijtihad according to changing circumstances.
- Central terms: detailed rulings, practical ijtihad, changing circumstances, fasting, pilgrimage.
- Degree of centrality: foundational.
This atom renders juristic application open to changing circumstances, rather than confined to a single form. Its importance lies in linking legislation to social and cognitive movement.
Links That Aid Reading
Evidence
- Supporting text: “Legislation must take into account the development of society and knowledge; therefore, the understanding of texts is not fixed by the ijtihads of inherited jurisprudence. The detailed rulings on fasting, pilgrimage, almsgiving, retribution, and others are understood as open to practical ijtihad in accordance with changing circumstances.”
Location of the Evidence in the Book
- Book: The Mother of the Book and Its Elaboration.
- Location: In the opening parts of the book, within the discussion of the vitality of texts.
- Type of evidence: close evidence.
- Verification aid: “through which they develop”
- Reading note: The passage emphasizes that texts are not embalmed and that their understanding develops along with human capacities; this is very close to the atom.
Degree of Documentation
- Level: compositionally documented
- Meaning of the level: The atom rests on more than one piece of evidence or on a clear synthesis of closely related formulations.
- Reason for classification: The evidence states that detailed rulings are open to changing ijtihad.
- Limits of reading: The wording above is an analytical summary and should not be treated as a verbatim quotation unless the supporting text is quoted directly.
Its Function in the Book
Its function here is methodological; it governs the mode of reading or reasoning followed by the book.
Note for the Reader
The atom emphasizes the capacity of application to change.