Abstract

Legalization of Shari'a is related to the establishment of a religious society. Shari'a is derived because there are causes that expect it to be derived and its application is dependent on the existence of the continuous changes on the society's reality and the events that are always new event. Therefore, the Shari'a takes something from the institutions and cultures of society to serve as law.

Law makers are not limited to the text set by the Qur'an, but they include the results of ijtihad with qiyas and so on. On this basis, scholars need the reorientation of the theory of law limitation: There is a law that is set by the Qur'an which is limited to a specific time only, and there is a law that is set by the Qur'an which is applied generally based on the existing context.