STABLE LAWS FOR STABLE REQUIREMENTS AND VARYING LAWS FOR VARYING REQUIREMENTS
Another characteristic of Islam, which is of great importance, is that it has envisaged stable laws for the stable human requirements and varying laws for the varying requirements. A part of the human requirements, both individual and collective, is of a permanent nature. They do not undergo any change with the change of time. The principles of the systems regulating human instincts and social relations always remain uniform.
We are aware of the theories of the "Relativity of Morals" and the "Relativity of Justice" which have their supporters, and would express our views with regard to them, later.
Another part of the human requirement is of a varying nature and this demands varying laws. Islam has visualised such requirements, and has linked them with certain principles which have subordinate laws for every changed situation.
To elucidate this point, I give a few examples:
Islam has laid down a social principle which has been stated in the Qur'an thus: Provide force against them (the enemies) to the utmost possible extent (Surah Anfal, 8 : 60). At the same time, a number of traditions of the Holy Prophet handed down to us, are mentioned in the books of Islamic law under the heading 'Horsemanship and Archery'. The Prophet directed that the Muslims should learn the arts of horsemanship and archery and teach them to their children. These arts were a part of military science in the ancient days. It is quite obvious that the basic order is 'to provide force'. Bow and arrow, sword and lance and mule and horse are not important. What is important is to be militarily powerful against the enemy. To acquire skill in horsemanship and archery is only a form of acquiring military strength, or a way of implementing the basic order. To provide strength is a standing law which has sprung from a permanent need.
However the necessity of acquiring skill in horsemanship and archery is a temporary requirement, which varies with the change of time. With the changed circumstances, skill in firearms etc. has taken the place of skill in archery.
Another example is the social principle concerning the exchange of wealth, mentioned in the Qur'an. Islam has recognised the principle of individual ownership. However, the ownership as recognised by it is different from that found in the capitalist world. A characteristic of the individual ownership in Islam is the principle of exchange.
In this connection, Islam has laid down certain rules. One of them has been enunciated by the Holy Qur'an in these words. And do not consume each other's wealth in vain. (Surah al-Baqarah, 2 : 188). In other words, in the case of business transactions, money must not pass from one hand to another, except in exchange for some lawful return which has a recognised value. Islam does not admit that ownership is equivalent to absolute authority.
It is specified in the Islamic law that the sale and purchase of certain things is forbidden. Such things include blood and human excreta. The reason is that these things do not have such a value that they should be considered to be a part of human wealth. The underlying principle is the same as contained in the above quoted verse. The invalidity of the sale and the purchase of blood and human excreta is only an instance of the application of that principle. Even where no exchange is involved, money or property belonging to someone else cannot be appropriated and disposed of gratuitously.
The law forbidding the appropriation of another's property gratuitously is a firm principle which is applicable to all time, and has emerged from a permanent social need. But the rule that blood and excreta are not to be regarded as wealth and are not saleable is related to time and the degree of civilisation. This rule is subject to modification with the change of conditions, the progress of science and industry and the possibility of the correct and useful utilisation of these items.
Another example: Imam Ali (peace be on him) never dyed his hair, though it had become grey during the last years of his life. One day a man said to him: "Didn't the Prophet order grey hair to be covered with dye?" 'Yes, he did", Ali replied. "Then why don't you dye your hair?" the man asked. Ali said "At the time the Prophet gave that instruction the number of the Muslims was small, and there were many aged people who used to take part in the battles. The Prophet ordered them to dye their hair to conceal their real age, for if the enemy could see that he was faced with only a bunch of old men, his morale might have been raised. With the spread of Islam to the whole world, that situation has changed. Now every body is free to dye, or not to dye, his hair".
In the opinion of Imam Ali, the Prophet's instruction was not a basic and permanent law. It was only a way of implementing that law, which says that we should not do anything which might raise the morale of the enemy.
Islam attaches importance to the external appearance., as well as to the inner spirit. But it wants the husk only for the sake of the kernel, and the garb only for the sake of the body.
