مكانة فقه الواقع في فهم وتنزيل النص الشرعي: دراسة تحليلية في الوسائل والضوابط

Abstract EN

This research discusses a very important issue related to jurisprudence in understanding and applying the legal text, which is related to the jurisprudence of reality in terms of the means of realizing it, the controls for its implementation, and the mechanisms of being guided by it in the jurisprudential process, including understanding, application, and revelation, because it is known that the legal judgment is in the mind.

by understanding any of the aspects of ijtihad, it does not prescribe it to be applied automatically; rather, it needs a careful examination of its context in what is a lived reality that is characterized by depth and complexity, which confirms the status of the jurisprudence of reality and surrounds it with a fence of danger and caution.

as not every requirement of reality must be considered; rather, there is what is considered and what is neglected, so this research came to try to clarify this problem.