The Theory of Fluidity of the Sharia Chair

Abstract

The theory of the fluidity of the Shariah chair attempts to explain the dynamic and flexible nature of Shariah in the face of social and historical developments and to redefine its place in contemporary societies. Using a comparative historical analysis approach and citing religious sources, scholarly writings, and historical events, this research shows that Shariah, like a fluid flow, has the ability to adapt to the requirements of time and place. The research findings identify three main characteristics of different Shariahs, these characteristics are: the ability to influence all levels of society and social spheres (while considering the possibility of rebellion and rebellion if Shariah is suppressed), vulnerability and susceptibility to disasters if confronted and aligned with political and economic corruption existing in society and the governance structure, and the ability to change and be malleable based on time, place, social, and cultural conditions.

Case studies such as Islamic fundamentalism and the Western experience in adapting Shariah to democracy show the opposing dimensions of this dynamic. The practical consequences of this theory include the de-sanctification of Sharia law, limiting the scope of Sharia law to specific areas, emphasizing the relativity of the temporal and spatial validity of Sharia law, and strengthening the universal principles of religion.

This research shows that considering the fluidity of legislative laws, while maintaining the constant and common principles between different religions (such as the oneness of God and belief in the mission of prophets and the afterlife), not only reduces religious tensions, but also provides a basis for peaceful coexistence in the era of globalization.