Historicity of Shariah (Religious Law): Innovation or Modernization

In the present article, the theory of historicity of jurisprudence (fiqh) and Shariah (religious law) has been criticized. [Though] supported and promoted by some intellectuals, this theory has been criticized intrareligiously and extra-religiously. The present article discusses and criticizes this theory in various respects in a fundamental manner. According to the author, to take juridical rules as some historical ones will lead neither to dynamism of jurisprudence nor to its modernization; but rather, it will lead to construction of a new jurisprudence and innovation of new rules which are influenced by the time and place, and cannot be referred back to the Sacred Legislator.