مراعاة فقه الواقع في التكييف الفقهي و القانوني : دراسة مقارنة في ضوء الفقه الإسلامي و القانون الوضعي

Abstract EN

Reality, with its facts, actions, dilemmas and developments, is the main driver of all legislation issued, for the legal rulings and legal texts are issued to deal with matters that happen in reality, and the revelation of revelation coincided with the life of society with the provisions indicated in both sources of the Qur'an and the Sunnah to develop appropriate solutions and treatments.

The jurist, the mujtahid, and the judge must be fully aware of the reality, in order to deal with a specific incident, and he should be aware of its subtleties and details, to apply the appropriate text to it to adapt the incident and then give it the Sharia (or legal) ruling.

This research is an attempt to set specific controls that help the judge or the mujtahid to understand the reality first, then adapt the incident secondly, so that the jurisprudential and legal treatment of it is correct according to what they most think, and this research is limited to knowing the jurisprudence of reality first, then adapting to the calamities and facts secondly, in order to make the judgment or express an opinion And the fatwa, which is the stage of downloading the text on these facts, in order for that ruling to be correct and accurate according to most of the mujtahid's belief.

Therefore, the research will deal with: the nature of the jurisprudence of reality and its legal and legal foundation and it has three demands, and the most important requirements for downloading the text on the incident, its importance, and it has three demands.

Then: the role of the judge in adapting the facts and actions, taking into account the legal and legal rules, with the intention that the judge and the jurist should investigate the right thing in relegating the text to the reality, hoping that we have succeeded for that