The main argument of those, who say that in the matter of family rights we should follow the Western system, is that times have changed, and the requirements of the 20th century demand that we should do so. We propose to make our views on this point clear, because without doing so, the discussion of any other point will remain incomplete, though, owing to the limitation of space, it is not possible to discuss the question from all its philosophical, legal, social, and moral angles. For the present purpose, it is enough to make two points clear: 

The first point is that the harmony in and conformity to the changes of time is not such a simple question as some misinformed people think. The changes, brought about by time, are sometimes progressive and sometimes retrogressive. We should march forward along with the progressive changes, and should fight the retrogressive tendencies. To distinguish between these two kinds of changes and to determine their nature, we should find out the source of the new developments, and which way they are directed to. We should see what human tendencies have brought them into existence, and which classes of society are behind them. We should see whether they have been motivated by high human tendencies or by low animal propensities, and whether they have come into existence as a result of selfless investigations of scholars and intellectuals, or have been motivated by the base desires of self-seekers and the corrupt elements of society. 

THE FLEXIBILITY OF ISLAMIC LAWS 

The second point, to be made clear, is that the Muslim thinkers believe that Islam has certain potentialities which have made it applicable to all times. According to these thinkers, Islamic teachings are in harmony with the progress of time, the expansion of culture and the resulting changes. Let us see what is the nature of the potentialities which Islam has. In other words, let us see what devices have been put into the structure of this religion, and whether they have given it the characteristic of being in harmony with all the changing situations, without there being any need of dropping any of its teachings and without any conflict taking place between its teachings and any situation arising out of the expansion of knowledge and civilization. 

Although this question has a technical aspect, in order to remove the misunderstanding of those who doubt that Islam has any such characteristic, we briefly deal with it here. For further discussion of the subject, the readers may refer to Tanbihul Ummah by the late Ayatullah Naini, or to the Marjaiyyat wa Imamat by the great contemporary scholar, Allamah Tabatabai. Both the books are, however in Persian. There are many points, which form the secret of Islam being in harmony with the expansion of knowledge and civilization, and the applicability of its firm and stable laws to the varying circumstances of life. We mention here only a few of them. 

EMPHASIS ON SPIRIT AND INDIFFERENCE TO FORM 

Islam has not dealt only with the external form of life, which depends upon the degree of the development of human knowledge. Islamic teachings are concerned also with the spirit and the goals of life, and determine the best way to reach these goals. Science has neither changed the spirit and the goals of life, nor has it suggested any better, shorter and safer route to reach them. It has only provided better means and facilities to traverse the way to those goals. Islam, by keeping only goals within its domain and leaving the form and means to the domain of science and technology, has avoided any clash with culture and civilization. Not only that, but by encouraging the factors helping the expansion of civilization, namely, knowledge, labor, piety, will, courage and perseverance, it has undertaken the role of the main factor working for the cause of the expansion of civilization. 

Islam has set up traffic signposts all along the route of human progress. They, on the one hand, indicate the route and the destination, and, on the other, warn against pitfalls and dangerous spots. All Islamic laws are posts, either of the first kind or of the second. The means of life in every age depend on the degree of the sum total of human knowledge. As human knowledge expands, more perfect means of life come into existence, and automatically take the place of the imperfect ones. The external and material forms of these means have no sanctity in Islam, and the Muslims are not bound to preserve them forever. 

Islam has not said that such and such tools are to be used for the purpose of tailoring, weaving, cultivation, transport, war or any other jobs. Hence, there can be no question of any conflict between science and Islam, in case any tools or implements become obsolete. Islam has not prescribed any particular design of shoes or dress, nor has it suggested any particular style of construction for buildings. Similarly, it does not insist on any particular methods of production and distribution. This is one of those aspects of Islam, which have facilitated its applicability to all the developments of time. 

STABLE LAWS FOR STABLE REQUIREMENTS AND VARYING LAWS FOR VARYING REQUIREMENTS 

Another characteristic of Islam, which is of great importance, is that it has envisaged stable laws for the stable human requirements and varying laws for the varying requirements. A part of the human requirements, both individual and collective, is of a permanent nature. They do not undergo any change with the change of time. The principles of the systems regulating human instincts and social relations always remain uniform. We are aware of the theories of the "Relativity of Morals" and the "Relativity of Justice" which have their supporters, and would express our views with regard to them, later. Another part of the human requirement is of a varying nature and this demands varying laws. Islam has visualized such requirements, and has linked them with certain principles which have subordinate laws for every changed situation. To elucidate this point, I give a few examples: 

Islam has laid down a social principle which has been stated in the Qur'an thus: Provide force against them (the enemies) to the utmost possible extent. At the same time, a number of traditions of the Holy Prophet handed down to us, are mentioned in the books of Islamic law under the heading 'Horsemanship and Archery'. The Prophet directed that the Muslims should learn the arts of horsemanship and archery and teach them to their children. These arts were a part of military science in the ancient days. It is quite obvious that the basic order is 'to provide force'. Bow and arrow, sword and lance and mule and horse are not important. What is important is to be militarily powerful against the enemy. To acquire skill in horsemanship and archery is only a form of acquiring military strength, or a way of implementing the basic order. To provide strength is a standing law that has sprung from a permanent need. 

However, the necessity of acquiring skill in horsemanship and archery is a temporary requirement, which varies with the change of time. With the changed circumstances, skill in firearms etc. has taken the place of skill in archery. Another example is the social principle concerning the exchange of wealth, mentioned in the Qur'an. Islam has recognized the principle of individual ownership. However, the ownership as recognized by it is different from that found in the capitalist world. A characteristic of the individual ownership in Islam is the principle of exchange. In this connection, Islam has laid down certain rules. One of them has been enunciated by the Holy Qur'an in these words “And do not consume each other's wealth in vain”. In other words, in the case of business transactions, money must not pass from one hand to another, except in exchange for some lawful return that has a recognized value. Islam does not admit that ownership is equivalent to absolute authority. It is specified in the Islamic law that the sale and purchase of certain things is forbidden. Such things include blood and human excreta. The reason is that these things do not have such a value that they should be considered to be a part of human wealth. The underlying principle is the same as contained in the above quoted verse. The invalidity of the sale and the purchase of blood and human excreta is only an instance of the application of that principle. Even where no exchange is involved, money or property belonging to someone else cannot be appropriated and disposed of gratuitously. 

The law forbidding the appropriation of another's property gratuitously is a firm principle that is applicable to all time, and has emerged from a permanent social need. But, the rule that blood and excreta are not to be regarded as wealth and are not saleable is related to time and the degree of civilization. This rule is subject to modification with the change of conditions, the progress of science and industry, and the possibility of the correct and useful utilization of these items. Another example: Imam Ali (PBUH) never dyed his hair, though it had become grey during the last years of his life. One day a man said to him: "Didn't the Prophet order grey hair to be covered with dye?" 'Yes, he did", Imam Ali replied. "Then why don't you dye your hair?" the man asked. Imam Ali said "At the time the Prophet gave that instruction the number of the Muslims was small, and there were many aged people who used to take part in the battles. The Prophet ordered them to dye their hair to conceal their real age, for if the enemy could see that he was faced with only a bunch of old men, his morale might have been raised. With the spread of Islam to the whole world, that situation has changed. Now everybody is free to dye, or not to dye, his hair". In the opinion of Imam Ali, the Prophet's instruction was not a basic and permanent law. It was only a way of implementing that law, which says that we should not do anything that might raise the morale of the enemy. Islam attaches importance to the external appearance, as well as to the inner spirit. But, it wants the husk only for the sake of the kernel, and the garb only for the sake of the body.