Page 13 - UAE FATWA PR REPORT - AUGUST 2024

more complex day by day. The progression of time and the different human realities [that is a result
of this progression] result in scenarios that are ultimately different from those in which the specific
rulings were originally formulated. This modern reality involves international treaties, geopolitical
boundaries, weapons of mass destruction, religious, cultural, and ethnic diversity, as well as
innovations and Artificial Intelligence. It is a reality that affects systems and laws, calling for new
interpretations in light of Islamic law to recall the original principles of those laws, whilst taking into
account the overarching influences of time, era, or reality—whether political, social, economic,
scientific, or technological.

Modernity in its various forms and contemporary issues have further complicated the
understanding of reality, as many social scientists and philosophers, such as Edgar Morin, have
highlighted. Morin’s theory calls for new approaches to “complex thinking” la pensée complexe,
that avoid reductionism and oversimplification. The complex nature of reality cannot be fully
grasped from a single perspective, and no amount of precision or accuracy in any field of
knowledge is sufficient to fully grasp its essence. Rather, it requires the integration of different
epistemological viewpoints to create a representation that is closer to accuracy and completeness.
This complexity demands that the jurist seek out tools and methods to better visualise and
interpret reality.

In this context, the upcoming Third Scientific Conference of the UAE Council for Fatwa, which will
be held soon under the esteemed patronage of His Highness Sheikh Abdullah bin Zayed Al Nahyan,
Deputy Prime Minister and Minister of Foreign Affairs, aims to draw attention to the importance of
Jurisprudence of Reality. The conference will bring together official fatwa institutions from the
Islamic world, as well as experts in philosophy, sociology, and natural sciences, to emphasise the
necessity of considering the concept of reality when issuing legal fatwas. The conference also
seeks to reconsider methods and approaches for deriving reality and the principles for applying
legal rulings to it, a process known in specialised terminology as applying the evaluation of
necessity (khiṭāb al-taklīf) to the means of practicing (khiṭāb al-waḍꜤ).

This conference aims to improve the quality of fatwas by addressing shortcomings in three specific
areas:

1) The failure to understand what reality is

2) The lack of understanding regarding the impact of (the overall reality) on general legal rulings

3) The inadequacies in the methodology for deriving decisions based on the relationship between
texts, objectives, and reality.

Thus, this conference addresses a context and discusses a subject. Both neglecting to understand
reality and the failure to follow a systematic approach have led to superficial interpretations, with
ignorance of the underlying wisdom and reasoning, and a disregard for the concept of reality in the
application of rulings. As a result, fatwas have emerged that contain details without underlying
principles and specifics without overarching goals, often ignoring public benefits and causing

https://en.aletihad.ae/news/uae/4505861/jurisprudence-of-reality--towards-a-fatwa-that-
understands-t