• Nawawi
Keywords: Progressive, Fiqh, Umar, legal-Reasoning, Maqashid Syari’ah.


Many people consider that Umar was an independent and critical thinker
in Islam, who introduced a dynamic face of Islamic law as a result of the
changing era. His methods of legal-reasoning (ijtihad) used rationality
more often rather than the popular way of thinking by approaching the
dhanny aspects of nash in Qur’an or Sunnah. Umar’s epistemology is
ijtihad with maslahat as he views that maslahat can take place in the law
itself. Umar believes that law may change due to the change of the
situation. In fact, the change is in line with maqashid al-syariah as
philosophical value of a law. The change is not the the syariah, but its
implementation establishes the maslahah as the main standard. When
Umar’s ijtihad seems to be in contrary with the fixed and clear nash, it
does not mean that he sidelined and ignored the nash, but he applied
takhshsish, such as takhshish bi al mashlahah, takhshish bi mabadi’ asysyari’ah wa maqashidihi al-‘ammah and takhshish bi hikmah at-tasyri’.

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