The Impact of Reality Reference in Jurisprudence and Fatwa: Fundamental Methodological Approach

Abstract

This paper attempts to study the impact of reality reference on jurisprudence and fatwa through a fundamental methodological approach. It is based on the fact that the science of the principles of fatwa with its rules stands as an approach that seeks to encourage researchers in the field of Islamic studies to develop their diligence skills. This science has proved effective being used as philosophical approach for figuring out all the rules contributing to civilization development. Thus, it includes deeply crucial benefits that can never be dispensed with. Its significance cannot be reduced as well. In addition, this research aims to responds to two approaches of jurisprudence; the first one has taken reality out of consideration focusing on the partial conditions of Sharia texts while neglecting overall ones. The second approach, however, gave priority to reality reference, depriving revelation of its sanctity and making it part of the Islamic heritage without any consideration for its status. Moreover, this paper seeks to restore the balance between the two approaches finding out the distinguishing elements of reality reference related to jurisprudence with more efforts towards tracing out its existence in Sharia jurisprudence in the first place. And later on, clarifying the parameters of this reference in the methodology of inference.