The paper argues that Shari'ah is not fixed and immutable. The sources of Shari'ah are Qur'an, Sunnah and ijtihad. The first two are fixed and immutable, but the third principle is mutable. Shari'ah outlines the area within which Muslims life may develop, it conceded to the Muslim community an "open road” for temporal legislation which would cover the contingencies deliberately left untouched by the texts of Qur'an and Sunnah. The paper concludes that the jurists provided various legal theories in the light of the social reality of their respective time, but continuing process of social changes always necessitating adjustment.
Available at: http://works.bepress.com/abdulmajeed_bello/1/