Stability and Development in Islamic Legislation

Praise is to God, the Cherisher & Substainer of the worlds, praying and peace upon the last prophet & messenger who was sent to the whole humans and a mercy to the worlds and peace upon all his family and friends. This research is submitted by Huda Jameel Omar under the supervision of Dr. Jamal Ahmad Zeid assistant professor at the Faculty of Islamic Legislation at An-Najah National University-Nablus to obtain the degree of master in Islamic Legislation - Division of Jurisprudence & Legislation for the academic year 2001/2002 (1422/1423 Hijri). The purpose of this research is to prove that Islamic Legislation is naturally stable and developed, it possesses the elements and posts of development and is m no need of the laws put by humans, especially after describing the Islamic Legislation with disability to get on with the modern developments. This research consists of a preparatory chapter and three main chapters. In the preparatory chapter the researcher talked about the meaning of the Islamic Legislation & its properties which distinguished it from heavenly and earthen legislations mainly the properties of Godhood, generalization, comprehension, balance, combing the worldly and after death rewards and the property of stability and developing which is the core of this research. In the first chapter (Stability in Islamic Legislation) the researcher discussed the meaning of stability in Islamic Legislation and the proofs of this from the Holy Quran, the honored prophet precept and from the work of the prophet's friends and followers, then the researcher explained the constants of the legislation which shouldn't be surpassed: the language of the texts, the purposes of legislation, the basis of legislation, the general rules and the definite decisions. In the second chapter (Development in Islamic Legislation) the researcher talked about the fact of development in legislation and its factors. The researcher mentioned that development in legislation means the perfection of legislation and its great ability to contain all newly-events and to supply them with legislative decisions. Also, the researcher mentioned that the factors of development in legislation refer as a whole to the constants of legislation since it is a wide and rich base on which the legislative decisions are constructed and in specialty these factors are the properties of the texts of legislation which are: generalization, abstraction, entirety, explanation, multi-understandings and wide indications which make assiduity a necessity till the end of charging time. In the third and last chaplet the researcher talked about the approaches for entering newly-events under the decision of Islamic Legislation. Two approaches were mentioned in this research: 1. The direct oral text from the Holy Quran, honored prophet precept and unanimity. 2. The indirect ideal text which is only achieved using a legislative scheme such as measurement, pretexts obstruction, transmitted interests and appreciation. The great fact concluded from this research is that the Islamic Legislation was put for eternity and it is naturally perfect and developed reaching the grade of perfection, and it doesn't pass by any decision for any event occurs at any time or place since all the events decisions are mentioned either orally or meaningfully and the reason for this refers to his eloquent and miraculous speech which returns to the creator and sender our Mighty God who said ( God knows well his creatures, merciful and acquainted with all things).