Journal of Fiqh and Usul A critical approach to hypothetical jurisprudence; Basics and harms focusing on the place of thematics in this jurisprudential approach Dr. Ali Shafi'I, Ph.D. Garduate of Fiqh and Fundamentals of Islamic Law Department, Torbat Heydarieh branch, Islamic Azad University, Torbat Heydarieh, Iran Dr. Mansour Amirzadeh Jirkoli, Assistant Professor, Department of Fiqh and Fundamentals of Islamic Law, Torbat Heydarieh branch, Islamic Azad University, Torbat Heydarieh, Iran (Corresponding Author) Email: amirzadehj@yahoo.com Dr. Mohammadreza Kazemi Glovardi, Assistant Professor, Department of Fiqh and Fundamentals of Islamic Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran Abstract hypothetical jurisprudence, which with a little leniency can be called jurisprudence in vacuum, is a product of foundations, methods, causes and factors, which due to its strong presence in the background and present of the institution of jurisprudence, requires a critical look in order to be more precise and objective with it. Paying attention to hypothetical jurisprudence as a jurisprudential approach is due to the fact that jurisprudence and jurists have distanced themselves from social realities and the objective challenges of the obligees on the one hand, they are boycotted from the government and marginalized on the other hand, has had consequences that in this article, while pointing to some of its foundations and harms, have been tried to be addressed on a case-by-case basis as a result of the lack of attention to thematics, an issue that has been considered by thinkers and those concerned about making jurisprudence more efficient in these decades. In this essay, the mentioned problem has been researched with a descriptive, analytical method and with a critical approach, and the hypothesis has been strengthened that the lack of attention to jurisprudential thematics and the decline of its place in the operation of inference is mainly the result of the rule of the hypothetical approach to jurisprudence. Keywords: critical approach, hypothetical jurisprudence, real jurisprudence, pathology of jurisprudential approaches, thematics. Vol. 54, No. 2: Issue 129, Summer 2022, p.77-95 Print ISSN: 2008-9139 HomePage: https://jfiqh.um.ac.ir Online ISSN: 2538-3892 Accept Date: 20-10-2020 Revise Date: 01-08-2020 Receive Date: 11-07-2020 DOI: https://doi.org/10.22067/jfu.v53i4.87634 Article type: Original Research