فقه الواقع وأثره في الأحكام الشرعية الجنايات إنموذجاً

Abstract

My research this tagged (jurisprudence of reality and its impact on Shari'a rulings on felonies as a model) included an introduction in which I showed the importance of jurisprudence of reality and it cannot be dispensed with especially in our contemporary fatwas and I also mentioned in it that jurisprudence of reality exists since the beginning of divine laws in general and Islamic law in particular Then in the folds of the research. I showed the meaning of this term (the jurisprudence of reality) linguistically and idiomatically and I mentioned several definitions of the jurists and chose the most correct one from them and then showed how the jurisprudence of reality affects the legal rulings through its observance of the reality of Muslims throughout the ages and in all aspects Their lives and their details. and thus the legal rulings came in accordance with that observance from the gradation of the legal rulings as well as mitigation and facilitation at times and sometimes harshness and severity according to what is required by the reality and situation of Muslims and each case separately. Likewise we showed how the Rightly Guided Caliphs took into account the reality of the nation and strove with crucial rulings. including fighting those who refuse zakat not cutting off the hand of the thief in the year of famine and changing the punishment of the drinker each according to his condition and thus it became clear to us that The jurisprudence of reality has existed since the beginning of Islamic legislation to this day. Likewise Iraqi law in general and criminal law in particular took into account the jurisprudence of reality and approved provisions that take into account the reality of Muslims and are appropriate to their situation. I mentioned some criminal issues and how the jurisprudence of reality affected them. Women have become partners with men in all areas of life being doctors teachers teachers judges and lawyers. and thus they go out to the streets and society. like men. Young people and their recklessness and underestimating this issue and we also showed that the blood money is the origin of the blood money for accidental or semi-intentional killing so if our reality needs it we use it especially if the owner of the blood wants that and I concluded my research with a conclusion containing the most important results that I reached.