The Sharia cannot be changed, because it is a Divine Law. Rather, it must not be changed, because all its ordinances are so formulated that none of them over conflicts with the real nature of man and the genuine requirements of human society.
It legislates only with regard to those aspects of human life which by their every nature are not subject to change. The Law-giver allows exercise of Ijti had in consonance with the spirit of Islam, to cater for all contingencies of life.
Dr. I.H Qureshi here poses question: should we accept Sharia as it stands today without any re-interpretation or reorientation?
His answer is: it has been recognised in all Muslim countries that in many respects, the mutable part of the Sharia requires considerable overhauling and the immutable parts (e.g., the Quran and the Sunnah) need a new interpretation.
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Iqbal also in the Reconstruction of Religious Thought in Islam stressed the dynamic nature of law. He pointed out the assimilative spirit of Islam which is more manifest in the sphere of law than in anything else.
While commenting on the Quran as the source of Islamic law, he observed that the Quran is not a legal code.
Its main purpose is to awaken in man the higher consciousness of his relations with God and the Universe.
No doubt, the Quran does lay down a few general principles and rules of a legal nature, but it is perfectly clear that far from leaving no scope for human thought and legislation activity, the intensive breadth of these principles virtually acts as an awakener of human thought.