What is the legal criterion for what is called the jurisprudence of reality, and what is the evidence for its existence among the Salaf of the Ummah?
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The questioner : Your Eminence, the knowledge of the jurisprudence of reality has become on the tongues of many of our brothers, some exaggerating and some falling short. What is its legal criterion, and what are the proofs for the existence of this, which is called by this name, among the Salaf of this Ummah? We ask you to elaborate on this due to its importance and the need of many of our brothers for it, and may Allah reward you with good.
The Shaykh : The jurisprudence of reality means: the jurisprudence of the reality of people. This is the jurisprudence of reality. It is well known that the reality of people must be known to a person so that he knows what he is living in. The Prophet (peace and blessings be upon him) guided to this meaning in his statement when he sent Mu'adh to Yemen:Sunan an-Nasa'i 2435Sahih (Darussalam) So he informed him about their reality and their condition.
But it is not permissible under any circumstances for it to dominate the jurisprudence of religion, and for the young man or anyone else to have no concern except to investigate what happened and what occurred in a matter that he cannot fix—also, if he wanted to fix it. The jurisprudence of religion is the foundation. For this reason, the Prophet (peace and blessings be upon him) said:Sahih Muslim 1037a.
And the jurisprudence of reality is needed for us to apply the jurisprudence of religion to the conditions of people, because it is not possible to rule that a person's prayer is defective, for example, until you know that he did something that invalidates it, or that his fasting is invalid until you know that it is invalid. But it is not permissible under any circumstances for the jurisprudence of reality to dominate the jurisprudence of religion, such that a person's only concern is reading magazines and newspapers, and the like, and thereby neglecting the study of the Book and the Sunnah.
The questioner : Most of them, O Shaykh, intend by the jurisprudence of reality knowing the news of the countries.
The Shaykh : This is the same thing I told you: do not occupy yourself with this to the neglect of the jurisprudence of religion. But the jurisprudence of religion needs the jurisprudence of reality in order for us to apply the legal ruling to reality.
The Shaykh : The jurisprudence of reality means: the jurisprudence of the reality of people. This is the jurisprudence of reality. It is well known that the reality of people must be known to a person so that he knows what he is living in. The Prophet (peace and blessings be upon him) guided to this meaning in his statement when he sent Mu'adh to Yemen:
You are going to some of the People of the book
إنك تأتي قوماً أهل كتابBut it is not permissible under any circumstances for it to dominate the jurisprudence of religion, and for the young man or anyone else to have no concern except to investigate what happened and what occurred in a matter that he cannot fix—also, if he wanted to fix it. The jurisprudence of religion is the foundation. For this reason, the Prophet (peace and blessings be upon him) said:
He upon whom Allah intends to bestow goodness, He confers upon him an insight in religion
من يرد الله به خيراً يفقهه في الدينAnd the jurisprudence of reality is needed for us to apply the jurisprudence of religion to the conditions of people, because it is not possible to rule that a person's prayer is defective, for example, until you know that he did something that invalidates it, or that his fasting is invalid until you know that it is invalid. But it is not permissible under any circumstances for the jurisprudence of reality to dominate the jurisprudence of religion, such that a person's only concern is reading magazines and newspapers, and the like, and thereby neglecting the study of the Book and the Sunnah.
The questioner : Most of them, O Shaykh, intend by the jurisprudence of reality knowing the news of the countries.
The Shaykh : This is the same thing I told you: do not occupy yourself with this to the neglect of the jurisprudence of religion. But the jurisprudence of religion needs the jurisprudence of reality in order for us to apply the legal ruling to reality.