TAKHAYYUR (CHOICE) MECHANISM OF ISLAMIC FAMILY LAW REFORM

Abstract

Despite the fact that, man-made laws are made to regulate the needs of individuals and that of the societies, they change in accordance with the evolution of the society. The more society becomes in need of modernity; the more need of new laws is raised. The government and those in authority who’s functions to legislate will rectify and change laws that feel necessary to change or enact new to suit the society. Likewise, in Islam ‘Ruling’ can be change with changes in time and places to choose the lesser of two harms and preserve the public interest. This Islamic principle has shown that, Islamic laws whose rulings are not directly from the texts can be change in time and place to mitigate suffering of an individual or that of the society. Islam does not impose undue burdens and intolerable restrictions on anybody. ‘Allah desires for you ease (yusr); He desires not hardship (usr) for you. To ease hardships and unnecessary restrictions, Islam designed a legal principle ‘Takhayyur’ through which rulings and laws are cause to change and reform. Now this work will look into this legal reform process in detail.