نسخ کی حقیقت اور تشریعی حیثیت کا تحقیقی مطالعہ: The essence of Abrogation and its legal status

Abstract

The general meaning of abrogation (Naskh) is to change a legal commandment/order. Such change takes place in all laws of the world. The rules of Shariah have similarly changed from time to time as per the need. However, the major difference between Shariah and other legal systems of the world is that changes and abrogation in the laws and decrees of the world are based on ignorance. Hence, sometimes the first decisions are proved wrong and sometimes that decision is valid in every respect, but with the passage of time, its importance and necessity disappears and change becomes necessary. But these two forms do not exist in the divine commandments because the commandments of Almighty Allah are free from ignorance. The abrogation of God's commandments takes place because Allah Almighty has already decided that this ruling is for such period of time and that too with the knowledge of how the conditions of this fixed period will be. Such abrogation is found in the Qur'an and Ahadith and it has been developed as a science by the Muslim scholars. In this article, an attempt has been made to clarify the essence of abrogation by digging into the definition, wisdom, types, cases, terms and order of abrogation.