Is there such a thing called fiqh al-waaqi‘ (understanding reality) or variation in fatwas according to time and place? Is there any proof for that in the Qur'aan and Sunnah?
Firstly:
The phrase fiqh al-waaqi‘ refers to two things:
1.
Understanding the circumstances of the person who asked for the fatwa, his situation and the situation of his country. No fatwa concerning issues of jihad should be issued in any country before the mufti has a full picture of the situation in that country. Similarly, he should not issue a fatwa concerning anything that has to do with computers and the Internet, unless he has knowledge of these things and what happens in them.
2.
Understanding what is going on in the world of current events, political analysis, finding out about the enemies’ plots by reading their books and newspapers and following their plans to conquer the country or spread corruption.
With regard to the use of this phrase in the first sense, we say:
There is no doubt that the issuing of a fatwa requires the mufti to have an understanding of the Qur'aan and Sunnah, and scholarly consensus, and he should also understand the realities of people’s situations, time and place, otherwise his fatwa may not meet the people’s needs or may be beyond their ability to implement it because it is far away from the reality of which that mufti is unaware.
Ibn al-Qayyim said:
The mufti or judge is not able to issue a fatwa or verdict without understanding two things:
(i) Understanding and having a good grasp of reality: he should have a good understanding of what is happening, on the basis of circumstantial evidence and other signs, so that he has a full understanding of it.
(ii) Understanding what is required in the light of these circumstances, which means understanding the ruling of Allah that He issued in His book or on the lips of His Messenger concerning this reality, then he should apply the one to the other.
I‘laam al-Muwaqqi‘een, 1/87
