Consideration of Reality and Its Impact on Fatwas and Legal Rulings

For the text was created to address reality, and the reasons for revelation (of Quranic verses) are the best evidence for that. This demonstrates the interconnectedness and correlation between them. As is well known, rulings are not permanent, especially those based on ijtihad (independent legal reasoning), and changes to them are contingent upon achieving benefit and averting harm. This necessitates considering and understanding people's reality, as Ibn al-Qayyim – may God have mercy on him – says: 'Rulings are of two types: one type does not change from its state, neither according to times nor places, nor the ijtihad of imams, like the obligation of obligatory acts and the prohibition of forbidden acts.... The second type is what changes according to what the interest requires at a time, place, and circumstance, like the degrees, types, and descriptions of ta'zir (discretionary punishments), for the Lawgiver expands upon them according to the interest.' Neglecting reality results in a defect in achieving the objectives of the ruling, and a contradiction between the reasons and their causes due to ignoring the manat (the underlying reason for a ruling). This leads to inconsistency in fatawa (legal opinions) and their unsuitability to contemporary issues in the view of some muftis (legal scholars), under the pretext of adhering rigidly to the text and applying it as it is, preserving the subordination of events to the text, and not adapting the text to the event. In truth, the problem of fatawa in this era lies primarily in understanding the text and how to deal with it, and knowing how to apply it to events. This is what prompted me to write on this topic. Research Problem: What is the reality that must be considered? And what is the aspect of that consideration in fatawa and rulings? And what are its limits? And what are the legal foundations for considering the observance of reality? And what are the criteria for its consideration? And what are the consequences of not considering reality in fatawa and rulings? And are there any examples of considering reality when applying fatawa or rulings to cases and developments? Research Methodology: With God's help, I will follow the inductive and analytical methodologies. Objective of the Research: To understand the relationship between the text and reality and how to utilize it, and the extent to which this is reflected in fatawa and rulings. Research Plan: • First Section – The Theoretical Aspect: In which I address the establishment of considering reality in the construction of rulings. • Second Section – The Aspect of Considering Reality in Fatawa and Rulings, its Limits, and its Criteria. • Third Section – The Applied Aspect: In which I address examples of considering reality in cases and issues. Conclusion Sources and References