Future-Oriented Legal Reasoning in Light of the Higher Objectives of Sharīʿa: A Theoretical and Applied Study

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Al-Azhar University

Abstract

This study seeks to provide a foundational framework for fiqh al-istishrāf—juristic anticipation—and to establish its role in preparing for unprecedented legal questions (nawāzil) before they occur. The aim is to formulate legal judgments that are aligned with foreseeable realities by bridging the actual with the anticipated, so that ijtihād-based rulings are both timely and contextually appropriate.
 
One of the defining features of Islamic law is its capacity to respond to all times and places. Sound reasoning requires looking ahead and preparing for emerging circumstances. The rapid transformations of the modern age have produced legal and ethical questions that earlier jurists could not have foreseen. This necessitates that today’s jurists assume the responsibility of anticipating such developments to fill the expected juristic void and to assist future scholars in addressing their own contingencies. Anticipatory fiqh would thereby provide a ready-made body of inquiry from which appropriate rulings may be selected according to each case.
When jurists exercise ijtihād concerning hypothetical but plausible scenarios, they rely on the established evidentiary sources of Islamic law and draw upon legal maxims and principles that assess benefit, harm, and the overarching objectives (maqāṣid) of the Sharīʿa. Accordingly, this study focuses on both the theoretical foundations and practical applications of juristic anticipation in light of these objectives.
The research adopts a descriptive method to introduce the conceptual foundations of anticipatory fiqh and related terminology, followed by an analytical method to evaluate juristic opinions and evidences surrounding its legitimacy. The structure consists of an introduction, four chapters, and a conclusion. The first chapter defines fiqh al-istishrāf and associated terms; the second surveys scholarly positions and the legal foundations for anticipatory reasoning; the third discusses its regulatory principles based on uṣūl and maqāṣid frameworks; the fourth offers practical case studies in anticipatory jurisprudence.
The study concludes with several key findings. Among them: textual and juristic evidence supports the permissibility of anticipatory reasoning in matters with a reasonable likelihood of occurrence. Juristic anticipation comprises both māʾālī (consequence-based) and iftiḍāḍī (hypothetical) dimensions. Considering long-term outcomes and the principle of blocking means (sadd al-dharāʾiʿ) are among the strongest evidentiary foundations for forward-looking legal analysis. Those engaging in this field must meet clear scholarly conditions. The study recommends the establishment and support of specialized centers for anticipatory jurisprudence under the auspices of al-Azhar and its centrist methodology.

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