Özet:

Just as humans change, the judgments will inevitably change with the advance of time. That is because people do not always have access to the information and opportunity which they need to maintain their existence stably at the same level and with the same quality. Different levels of needs and requirements that vary according to the person and society, and some negativities such as wars, natural disasters that deeply affect human life also causes rapid changes in human and social behaviour. This change in behaviour naturally brings about differentiation in social customs and traditions. This rapid change and transformation in the entire universe can manifest itself in the form of partial or total changes in human laws regulating human rights as well as in living standards. Parallel to the change in customary behaviour, there are also changes in religious decrees and fatwas. However, it is not possible to say that all this rush of change that affects human acts and laws are equally effective for divine laws. According to the general consideration of the jurists in Islamic law Since the absolute Shariah rulings are not the subject of ijtihad, they are closed to change. The provisions that are open to change consist of the provisions that are fixed by conjectural evidence and the provisions about which there is no codex and consensus. As a matter of fact, the few provisions that are not subject to change are also an element of stability for the provisions that are open to change. Because, the fact that Islamic law is a universal legal system based on establishing the welfare of the individual and society by the principles such as ensuring justice, redressing the damage, eliminating extortion and corruption, and facilitating, necessitates the change in the provisions that are open to change via ijtihad. Our fiqh literature is replete with many examples that show that change in provisions is possible. The subject of change in the fatwa is discussed under the title of "change in the decree" in many of the old and new scholarly studies. There are many scholarly articles and books written on this subject in our country. When the studies on the subject are examined, it does not go unnoticed that some of them have dealt with it independently of the reason of the legislation or methodology and far from a scientific perspective. The most obvious example of this is that in these studies, the thesis of change in decrees was substantiated with change in fatwa. In addition, in some of these studies, it is possible to encounter several interpretation errors arising from the fact that the subject has been handled independently of discipline of methodology. The fact that some of the old sources and Turkish studies on this subject dealt with the subject under the title of "change in the provisions" can be given as an example of these repeated interpretation errors. In addition, in some of these studies, the former jurists are fiercely criticized for keeping the boundaries of divine decrees wide, and the later jurists for sanctifying the ijtihâds of the former jurists. In this study, the nature, limits and method of change in the provision will be briefly discussed based on the discipline of methodology and the opinion of the majority of the jurists. Especially methodological errors that attract attention in some of the studies on the subject will be analysed through a few examples. In addition, the relation of scholars and researchers categorized in these studies to the alleged groups due to their different views on the subject and the criticisms and commentaries made about the strategies of these groups will be evaluated, and due diligence will be made on this issue.

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