On the doctrine of Naskh, I found something worthy of sharing...

Abrogation (
Naskh
)The literal meaning of
naskh
is cancelling or transferring. In its technical sense it is used to mean the“lifting (
raf‘
) of a legal rule through a legal evidence of a later date.” The abrogating text or evidence iscalled
n¯ asikh,
while the repealed rule is called
mans¯ ukh.
All the four Sunn¯ı schools unanimously accept the doctrine of abrogation, though they may disagreeon the details. Most of the independent jurists also accepted this doctrine. It may, therefore, be assumedto be a kind of consensus. The concept of “repeal” and “overriding laws” is a necessity in a legal systemand Islamic law acknowledges it. Such repeal in the texts, though, could only occur during the lifetime of the Prophet (p.b.u.h.).According to al-Sarakhs¯ı the Jews did not accept this concept in their legal system. We may guess thereason for this: they had very little chance of implementing their system through a state, and their lawhas remained theoretical. It is only in the modern times that they have been able to establish a state.Some modern Muslim scholars, who do not appreciate the working of a legal system, have also tried todeny the doctrine of abrogation. As stated, however, it is a fact established by the unanimous agreementof the schools of law and their jurists.One of the earliest cases of repeal of an earlier command was the directive to change the direction of the
qiblah
from Bayt al-Maqdas to the al-Masjid al-H.ar¯am. The repealing verse is AlBaqrah - 144
Naskh
is total (
kull¯ı
), where it may lift the entire law and substitute another one for it, or it may bepartial (
juz’¯ı
), when the law is repealed for a certain class alone. This is what may be called the overridingof a general law by a special law. For example, a general law in the Qur’¯an provides penalties for all thosewho falsely accuse chaste women of sexual intercourse. It then provides a special law in the case of spousesaccusing each other of unchastity. The provisions of the general law are not applicable to spouses, becausethe special law overrides that provision.It is generally acknowledged that Islamic law works for the interest (
mas.lah .ah
) of human beings.Interests may keep on shifting with a change in circumstances, and the law adjusts accordingly. The lawwas laid down in the period of the Prophet (p.b.u.h.) gradually and in stages. The aim was to bring a society steeped in immorality to observe the highest standards of morality. This could not be doneabruptly. It was done in stages, and doing so necessitated repeal and abrogation of certain laws.

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“A Momin does not taunt, does not curse and reproach, does not indulge in obscene talking and obscene acts.” [Tirmidhi]