Abstract
This study sheds light on "Fiqh Istishraf- Prospective Jurisprudence" in terms of its concept, advantages and foundational tools. It follows a deductive and analytical method to establish its definition, describe its legal outcomes and determine its tools. The study concludes with some important findings. It shows that the term "Fiqh Istishraf'" aims at the grasping of predictable benefits and the preventing of expectable evils. The proper space for it to apply is the scope of public law which dwells on future issues from a general nature. The main advantages of this method could be seen in: providing legal responses for future issues, examining legal causes' soundness, advancing jurisprudential abstracts and creating an exercise arena to further jurisprudential activities. The main tools to it could be related to concepts like blocking the means of evil (Saddu Dhari'ah), common interest (Maslaha Mursalah), juristic preference (Istihsan), consideration of outcomes (I'tibar al-Ma'al) and applicatory regulations of Ijtihad.
Recommended Citation
Al-Zanki, Najmaldeen
(2017)
"Prospective Jurisprudence The Concept, the Advantages, & Its Legal Instruments,"
UAEU Law Journal: Vol. 2017:
No.
69, Article 1.
Available at:
https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2017/iss69/1