Jurisprudential Transformation - An Applied Fundamental Study

Abstract

Objectives: This study aims to clarify the definition of jurisprudential transformation and to explain its legitimacy. It also aims to explain its oaths and controls. The study also aims to present the provisions of transformation and some contemporary jurisprudential applications to jurisprudential transformation.

Methodology: This study is based on the inductive approach by tracing texts from the Qur’an and Sunnah, and from the books of jurists, and also the analytical approach to analyze these texts, and from the price of the deductive approach to extract the meaning of the jurisprudential transformation, its legitimacy, and the wisdom of its legitimacy.

Results: This study reached the most prominent results: Jurisprudential transformation is a change in the reality of the thing itself, its quality, state, place, or ruling for a reason considered by Sharia. This study also demonstrates the legal controls for jurisprudential transformation, and among these controls is that the jurisprudential transformation be based on evidence or a legitimate reason. It is not permissible to change the legal ruling except with legitimate evidence or a legitimate reason.

The study also clarifies the provisions of the jurisprudential transformation and shows that they differ depending on their places. There is a transformation that applies to the eye, the condition and characteristic, the person, and a transformation in contracts. The study concludes with contemporary jurisprudential applications to the jurisprudential transformation.

Conclusion: The study shows that this term was not mentioned explicitly by the advanced jurists but it was mentioned indirectly. It was permissible among the advanced scholars to use “transition”, and this is what contemporary scholars have defined of the jurisprudential transformation. Also, out of the wisdom of the legitimacy of the transformation is that it came to relieve the people of embarrassment, and this is one of the reasons for the jurisprudential transformation. The tolerant purposes of Sharia