A study of umar bin Khatab’s Ijtihad in an effort to formulate Islamic law reform

Abstract

AbstractThis study examines Umar bin Khatab’s Ijtihad, in an effort to formulate Islamic law reform. Umar is known as the Imam Al-Mujtahidin and also a brilliant contributor to the development of Islamic law. A visionary, he is widely adopted by modern Islamic intellectuals to find new legal rulings, whose values are in accordance with present times. Even today, several practices of Umar’s Ijtihad are often used as a source of inspiration in the development of Islamic law. He dared to take policies that were no longer in accordance with the literal understanding of the verses of the Qur’an or the Sunnah that were carried out by the Prophet Muhammad SAW. This research method is qualitative or commonly called library research. Library research examines data by exploring, observing, examining, and identifying existing knowledge in the literature to obtain a dependable conclusion, both philosophical and empirical. This study concludes that, in principle, Umar bin Khattab’s Ijtihad continues to hold the Qur’an and Hadith as sources of Islamic law. However, his views are not technically the same as the textual provisions of the texts which are judged by ushul fiqh scholars as qath’iy texts, such as not giving the right to receive zakat to converts, not cutting off the hands of thieves, not taking spoils of war (ghanimah), as well as adding caning punishment for alcohol drinkers. What Umar bin Khattab did in some of these cases did not mean he was against the law that had been set by the Prophet Muhammad SAW and other companions, however it is to achieve a law that will be able to fulfill Al-Mashlahah which is Maqashid Al-Shari’ah or the goal of Shari’ah, specifically preserving human mind, achievement of benefit and prevention of harm.

Keywords

• Ijtihad
• Umar bin Khattab
• Reform
• Islamic Law