These terms explain the areas of change and permanence of a...
These terms explain the areas of change and permanence of a law dependent on the change or permanence of the criterion. They are: 1- Concession `rukhsah and Incantation `azimah'. 2- Initial and Secondary rules `ahkam al-Awwaliy was Thanawiy'. 3- Giving priority to the `more issue command' in case of a clash between two issues. To define and specify, those areas are under the: 1- Competence of the state. 2- Competence of the obligatee himself.
The glorious Legislator, through His knowledge, justice and wisdom knows that the relationship between the law, the obligatee and the appurtenance would be affected by contingencies and new developments, and based on those contingencies the interests or benefits would change. This, in turn, causes a variation in the law in the light of those contingencies and developments.
We shall introduce the more prominent areas in which one law changes into another after the change in the benefit, which constitutes its backbone and necessitates enactment.
**1- Concession and Incantation: ** The book Mukhtar Sihah al-Lugha reports: "To resolve `azama' on something is to intend to bring about the act and resolve on the same." "Concession `rukhsah' of an affair is the opposite of insistence on it." These are the definitions of rukhsah and azimah (emphatic formulation) in their literal sense.