Hypothetical Jurisprudence and Its Contem-porary Applications- A Fundamental and Ju-risprudential Study

Abstract

 Hypothetical jurisprudence falls under contemporary ijtihad, and deducing legal rulings from new developments, events, and facts that have not occurred, or that are expected to occur, in order to know the ruling before it occurs. The first part of the research covered the concept of hypothetical jurisprudence, its legitimacy from the Qur’an and Sunnah, and its origins and development. The researcher based the hypothetical jurisprudence on a fundamental legal, jurisprudential basis from the Qur’an and Sunnah, commenting on the aspects of significance and deduction from the verses and hadiths mentioned in the research, and linking it with the hypothetical jurisprudence.

As for the last part of the research, it is about the areas of hypothetical jurisprudence, with a reminder of contemporary jurisprudential models and questions in order to prove the permissibility of asking hypothetical questions, and the necessity of paying attention to answering such questions so as not to leave a void in the mind of the questioner