قاعدة " المتوقع كالو اقع " وتطبيقاتها في الفقه الإسلامي

Abstract

(Abstract)

The Maxim "The Expected is Like the Real" and Its Relationship with the Maxims of Outcomes in Islamic Jurisprudence

The research focused on a legal maxim, "The expected is like the real," which is one of the maxims related to the concept of "māʾāl" (outcomes). The term "real" refers to the present, actual state of affairs, while "expected" refers to what is anticipated in the future. The maxim suggests that the expected is treated the same as the real in legal rulings, as there is no difference between them in terms of their effects.

The researcher addressed the maxim in three main sections. The first section defined the maxim, discussing the use of legal maxims in general, explaining their types, and highlighting the distinctions between legal maxims and their foundational counterparts, as well as the concept of the legal criterion. In the second section, the researcher provided a legal foundation for the maxim and presented several of its practical applications. The third section was dedicated to exploring the relationship between this maxim and other outcome-based maxims, particularly examining its connection with the principle of blocking the means (sadd al-dharāʿiʿ), hypothetical jurisprudence, and similar legal rules.

The researcher employed an inductive approach in examining the references to the maxim and its examples in the works of jurists and scholars, a deductive method based on textual interpretation and inference, and a descriptive-analytical method in defining the key terms and phenomena discussed in the research.

*Keywords*: Hypothetical jurisprudence, blocking the means, the expected is like the real.