The Impact of Fiqh al-Wāqiʿ on Shaping the Prudent Mufti

Abstract

 This study explores the impact of Fiqh al-Wāqiʿ (jurisprudence of reality) on shaping the prudent contemporary mufti and emphasizes the necessity of integrating textual jurisprudence with contextual understanding both in foundational theory and practical application as the two essential pillars of sound fatwa issuance. It addresses the current deficiency in the fatwa landscape, marked by the scarcity of muftis who combine deep mastery of Sharīʿah sciences with an informed awareness of social realities and future developments, particularly amid rapid technological and societal change. The research examines the status of contextual jurisprudence within revelation, the requirements for its effective activation, and its role in forming a balanced and responsible mufti. Adopting descriptive, inductive, and analytical methodologies, the study concludes that Fiqh al-Wāqiʿ is an indispensable tool rooted in revelation and historically practiced by leading jurists, and that neglecting it has led either to rigidity and hardship or to laxity and deviation. The study recommends establishing a systematic framework for preparing contemporary muftis through the integrated activation of textual and contextual jurisprudence, supported by specialized training and rigorous scholarly research to ensure sound, balanced, and contextually relevant fatwas.