الاجتهاد المقاصدي في فقه عمر بن الخطاب رضي الله عنه: دراسة تطبيقية في أحكام الحدود

Abstract

This research addresses the topic of Maqasidic Ijtihad (purposive legal reasoning) at the time of Caliph Umar ibn al-Khattab, may Allah be pleased with him, with a focus on its applications in the provisions of Hudud (fixed punishments). The research aims to explain the concept of Maqasidic Ijtihad linguistically and terminologically, review the applied models of Al-Farooq's ijtihad in Hudud, analyze the Maqasidic perspective upon which he based each ruling, and extract the overall rules and controls from these ijtihadat.

The research is divided into two main sections: the first section deals with the theoretical definitions of Maqasidic Ijtihad, while the second section deals with the practical applications of Umar ibn al-Khattab's ijtihadat in four areas of Hudud: the punishment for killing a soul, the punishment for adultery, the punishment for false accusation (Qadhf), and the punishment for theft. The research reached several conclusions, most notably: Umar ibn al-Khattab was distinguished by his consideration of the purposes and spirit of Sharia, not limiting himself to the literal meanings of texts, and his application of universal principles such as "necessities permit prohibitions," "avert hudud by doubts," and "consideration is given to intentions and purposes." His ijtihad was foundational, not merely applicative, as he preceded others in rulings that were not known before. The researcher recommended the necessity of paying attention to Maqasidic Ijtihad and incorporating it into the curricula of Islamic education, relying on the Maqasidic approach in contemporary ijtihad, and benefiting from the applications of Umar ibn al-Khattab in developing contemporary legislative and judicial policies.