Justice Ontology ; A Study of ‘ Umar Ibn Al-Khaṭṭāb ’ s Ijtihād

The paper was conducted to discover the nature of justice in the view of 'Umar Ibn AlKhaṭṭāb and to reveal his ijtihād from the point of view of a philosophical theory of justice. This research includes philosophical research that is historical-factual about a character with the type of library research then analyzes and presents it in a descriptive form. This paper finds that the essence of justice in the view of 'Umar Ibn Al-Khaṭṭāb is acceptable behavior that is animated by the principle of equality. 'Umar Ibn Al-Khaṭṭāb has applied the principle of equality before the law. He treats reason and revelation in harmony and balance in his ijtihād. 'Umar Ibn Al-Khaṭṭāb drew inspiration from the intellect that Allah had given him by capturing universal values brought by the Koran, such as justice and equality, which are valid forever. This research contributes to the flexibility of 'Umar Ibn Al-Khaṭṭāb in ijtihād, which is imbued with the principle of equality.


Introduction
During prophetic times, the Holy Prophet was the source of law. He can answer any problems that arise. Ṣaḥābahs can see firsthand this practice in solving publicity problems, including legal issues. The Holy Prophet, as a unifying figure and a source of reference, was able to reduce conflicts and differences of opinion that occurred. 1 After the Prophet's death, to be precise, not many disputes arose during the time of Caliph Abū Bakr. Moreover, Abū Bakr was more focused on dealing with apostates and dissidents of zakat. 2 The burdens in law appeared and increased during the Caliph 'Umar Ibn Al-Khaṭṭāb time. This problem was in line with the expanding area of Islamic rule, accompanied by the complexity of the problem.
The Holy Prophet admired 'Umar. In a ḥadīth narrated by Bukhārī and Muslim, 'Āishah narrates that the Prophet Muhammad said about muḥadithūn (people who were inspired by the truth in their mouths) in previous people Prophet's followers had one of them, that person was 'Umar Ibn  As a leader, state and religion, 'Umar performed ijtihād to answer legal problems. Its ijtihād covers several areas of law, including faith, worship, mu 'āmalah, jināyah (criminal), and munākaḥah (marriage). His ijtihād is sometimes in line with the text, but it is known to be liberal. 4 Some of its controversial ijtihād, namely the distribution of ghanīmah (spoils of war), distribution of zakat for converts, triple divorce, sale of umm al-walad, punishment for thieves, punishment for adultery, and ta'zīr (punishment provisions regulated by the government) for those who commit acts light punishment. 5 His courage in doing ijtihād depart from the principles of justice that he believes in and the method of establishing the law that he applies. Therefore, the study of the nature of justice from the perspective of 'Umar Ibn Al-Khaṭṭāb deserves to be researched. This paper raises two main questions: What is the nature of justice in the view of 'Umar Ibn Al-Khaṭṭāb? How can 'Umar Ibn Al-Khaṭṭāb's ijtihād be viewed from the point of view of a philosophical theory of justice? By the subject matter, this paper aims to discover the nature of justice in 'Umar's view and reveal 'Umar's ijtihād from the point of view of a philosophical theory of justice. This research includes philosophical research that is historical-factual about characters. The material object in this paper is 'Umar Ibn Al-Khaṭṭāb's ijtihād, while the formal object is the philosophical theory of justice put forward by Majid Khadduri. This research is included in the library research category. The author presents the data in descriptive form. This paper can be used as a reference in legal studies, especially about the method of legal stipulation. It can be applied as a consideration in legal cases filed in court.

Ijtihād 'Umar Ibn Al-Khaṭṭāb
Etymologically, ijtihād is al-jahd which means profound ability. According to Abū Zahrah's terminology, ijtihād is the mobilization of jurisprudence experts' capabilities in determining the law relating to the deeds of the argument in detail. 6 'Umar Ibn Al-Khaṭṭāb positioned deliberation as the highest principle. This second caliph highly valued the opinions of the people around him. He once compared one person's opinion to a knotted thread, the opinion of two people is like two tied threads, and the opinion of three people is like a rope that is tightly knotted and hardly untied. 7 'Umar Ibn Al-Khaṭṭāb was a companion of the Prophet who clung to the Koran and the Sunnah. 8 Al-Dāruquṭnī and al-Bazazar reported that while on the pulpit, 'Umar Ibn Al-Khaṭṭāb gave a warning to people who rely on reason (ahl al-ra'y) labelled as opponents of the Sunnah, they do not memorize and collect ḥadīths. They give fatwas with the ability of his wits that end up misguided and misleading. Every Muslim must follow the Sunnah, not making it up. As long as we stick to the Sunnah, we will not go astray. 9 'Umar never sent a risālah al-qaḍā' to Abū Mūsā al-Ashy'arī, which contained an order to equate the assembly (trial) and views. For cases where the law is not found in the Koran and Sunnah, the alternative is an analogy (qiyās). 'Umar said, "identify cases with similarities and similarities, then make an analogy on each new case against similar old cases". 10 The Holy Prophet taught ijtihād to his friends for a long time. The most phenomenal case and the legitimacy of ijtihād was Muādh ibn Jabbāl to Yemen. 11 Although 'Umar was known to be very obedient and adhering to the Koran and Sunnah, Munawir Sjadzali noted that rulers, judges, scientists who adopted legal wisdom, textual legal decisions were not always in line with the sound of the text. Sometimes it's completely different. It is like in 'Umar's ijtihād in the following cases. 12 1. Distribution of ghanīmah (booty) Normatively, the distribution of ghanīmah after deducting one fifth for religious and social activities, such as donations for orphans and the poor, fourfifths (the remainder) is distributed to those who participated in the war. This provision is mentioned in the Koran Surah Al-Anfāl Verse 41. 13 The assets are divided into movable and immovable assets.
When 'Umar and his troops succeeded in conquering Iraq, Syria and Khurasan, he refused to share immovable property in the form of lands to the fighters who participated in the war. 'Umar chose to let the owner control the land but charged the owner with taxes and jizyah. Taxes and jizyah were administered by bayt al-māl wa al-tamwīl which were earmarked for a regular income to war participants and finance government activities. This Ijtihād 'Umar faced many challenges from the fighters who participated in the war even though he was able to convince those who opposed it. It can be said that 'Umar's view is based on the paradigm that the public benefit takes precedence over the benefit of the individual. 14 2. Distribution of zakat for converts Al-Tawbah Verse 60 states that converts are part of mustahīq. 'Umar stopped giving zakat to converts which had been practiced since the time of the Prophet and Abū Bakr. The consideration was that the Holy Prophet used to give zakat to converts to be more interested in Islam, but now Islam is strong and does not need them anymore.

Divorce three
During the time of the Prophet and Abū Bakr, if a husband dropped three divorces at once, then only one divorce was counted. The legal consequence is that the husband can still return (reconcile) if he wants it during the waiting period ('iddah). 16 'Umar changed this practice. He changed the stipulation that three talaqs (talaq bā'in) were dropped simultaneously. The consideration is that many husbands easily pronounce triple divorce and education for the people to not easy to drop the divorce.

Sales of umm al-walad
During the Prophet and Abū Bakr, when an owner impregnated his slave and gave birth to a child, the child who was born was a slave. It can be bought and sold. However, 'Umar made a different policy by stating that the child born was a free human being because his father was an independent person. The sale of umm al-walad was also prohibited because the genetics had mixed with the blood of the slaves. In this case, 'Umar also reminded Muslims that the Prophet's mission was to perfect noble morals. 17

Punishment for thieves
Normatively, the punishment for a thief above a specific limit and price cut off the hand. This provision is as contained in Surah al-Mā'idah Verse 38. However, during the reign of 'Umar, this punishment was not applied absolutely. 'Umar had never implemented the law of cutting off the hands of thieves because the city of Medina was currently in a low season. 18

Punishment for adultery
During the time of the Holy Prophet, if a man who was not married committed adultery, he was flogged a hundred times and exiled for one year. 19 One time 'Umar visited the Roman territory and met a man who was punished by being exiled to the region and witnessed firsthand the condition of the man's life. 'Umar then abolished the exile sentence considering that Muslims would not mingle and not be influenced by their enemies. 20

Ta'zīr
The type of punishment for both the perpetrator of crime and immorality has been determined with certainty. 21 Normatively, a person should not be punished with more than ten lashes. However, 'Umar had once punished the forger of the bayt al-māl wa al-tamwīl seal with one hundred lashes.

The Nature of Justice in the Perspective of 'Umar Ibn Al-Khaṭṭāb
'Umar's concept of justice is reflected in the text of the speech he delivered before the people when he first assumed the position of caliph. He opened the broadest possible access so that justice was easily achieved. In his first speech, he emphasized that he would not allow people to do wrong or violate the rights of others. He will be hard on the wrongdoers. On the contrary, he will be gentle with honest people, obedient to religion, and act pretty. 22 'Umar's speech signs of justice can also be seen when he was about to send his troops to Qadisiah, which numbered 4,000. He emphasized that judge has its beginnings and signs in his speech. The symptoms of fairness are shame, generosity, gentleness, and kindness. Meanwhile, the beginning of a sense of justice is compassion. Allah made the door for everything. The fair door is i'tibār, and the key is zuhd. I'tibār is remembering death and preparing it with good practices. Zuhd is taking the rights of others and repaying them with the same or more ownership. 23 'Umar also enforced justice between the governors and the people. In deciding a case, he does not see the status of the person being judged, strong or weak, rich or poor, and all are the same in the eyes of the law. 'Umar has succeeded in upholding justice on a practical level with great success. To the 20  The concept of justice applies not only to others but also to himself. 'Umar ordered that anyone who saw the mistakes in him (in character, decisions and attitudes) are welcome to correct those mistakes in a sermon. At that time, a person from the assembly stood up and shouted, "By Allah, if we see the bend, we will straighten it with our swords". 'Umar replied, "Praise be to Allah who has placed in this country the person who will straighten 'Umar's curves". 25 For 'Umar, both relatives and not had the same position in justice and truth. 'Alī Ibn Abī Ṭālib praised 'Umar Ibn Al-Khaṭṭāb's judge. 'Alī explained that 'Umar was a person who was not afraid of criticism from those who like to criticize. Allah determines the truth of his mouth and heart. When 'Umar spoke, an angel guided him and straightened his steps until people thought. 26 Upholding justice is part of the preaching of Islam. The principle of justice is the primary buffer in maintaining society and government. 27 Islam will not exist if it is rife with injustice and injustice practices. The enforcement of justice is an obligation that all elements in Islamic society must carry out. In 'Umar's view, upholding justice is a practical message for Islam, in which the human heart can be open to faith. 28 Apart from not looking at status and kinship relations, 'Umar's justice also did not look at the religion of the people he was dealing with. The son of the governor in Egypt, 'Amr Ibn al-'Aṣ, whose name was Muḥammad Ibn 'Amr, had experienced punishment from him. Once upon a time, Muḥammad Ibn 'Amr was having a horse race with Christian Qibti youth. The young man defeated Muḥammad Ibn 'Amr, then he did not accept and even whipped the young man. The young Christian Qibti then went to Medina to complain about his problem to 'Umar. After that, 'Umar summoned 'Amr Ibn al-'Aṣ and his son to Medina to 24 Halimang, Praktik Hukum Umar Bin Khattab dan Peluang Implementasinya di Negara Hukum Indonesia, 53-54. 25  Another proof that 'Umar does not differentiate between religions in being fair is the case that occurred between a Jew and a Muslim. Both of them complained about their problems to 'Umar. After hearing information from both parties, 'Umar decided the truth was on the side of the Jews. The Jew said, "By Allah, you have selected correctly". 31 History has recorded that 'Umar did not care about the status of the person who filed a case against him in upholding justice. He did not differentiate between the strong or the weak, the rich or the poor. He will decide the claim based on the truth. One of 'Umar's success in keeping justice is adhering to the fact, despite himself and his family. 32 The concept of justice that stands out from 'Umar Ibn Al-Khaṭṭāb is the principle of equality before the law. This principle he emphasized risālah alqaḍā', which he sent to Abū Mūsā al-Ash'arī. 33 This order to uphold equality before the law has proven to be adopted by many modern states and is in effect today. Equality before the law is a condition for the realization of justice. When 'Umar refused to share immovable property in the form of land to the fighters who participated in the war, the text was not by the Koran. 'Umar prefers to let the owner control the land. However, they were burdened with taxes and jizyah, which were administered by bayt al-māl wa al-tamwīl and allocated for a regular income to those who participated in the war and paid for government activities. This decision contains the spirit of equality (justice) so that the spoils of war are effective. The landowners still enjoy it, the fighters can enjoy it as a steady income, and the wheels of government are helped to maximize services to the community.
The case of umm al-walad also shows the principle of equality as the essence of justice. A child born to a slave whose owner has impregnated it has the status of a free person and cannot be bought and sold. 'Umar Ibn Al-Khaṭṭāb upholds the value of equality and human values. Moreover, no one can choose whose womb will be born.

The Theory of Philosophical Justice
Majid Khadduri initiated the theory of philosophical justice. In the theology of justice from an Islamic perspective, he uses several approaches, namely: political justice, teleological justice, philosophical justice, ethical justice, legal justice, justice between nations, social justice, and changes in the concept of modern justice.
The term of justice uses the word 'adl. Synonyms of the word 'adl are qisṭ, qaṣd, istiqāmah, wasaṭ, and mīzān. Meanwhile, the antonym for 'adl is jawr. Synonyms of the word jawr are ẓulm (wrong action), ṭughyān (tyranny), mayl (inclination), and inhirāf (deviation). The word 'adl comes from the verb 'adala, which means, first, to straighten out, amend, and change, second, fleeing, departing, dodging from one road to another. Third, equal or equivalent or equate. Fourth, to balance or offset, be proportional or in a balanced state. 34 Justice is acceptable behavior, namely placing everything in its place or according to its portion. Fair does not have to be evenly distributed; it applies to everyone but is very subjective. 35 Justice is a general principle. The scale of justice may vary depending on the subject and the place. 34 Madjid Khadduri, Teologi Keadilan Perspektif Islam (Surabaya: Risalah Gusti, 1999) Khadduri explained that philosophical justice is defined and determined by philosophers who are not by revelation but following reason. The aim of Muslim philosophers was not to question the authority of revelation but to seek an understanding of justice as presented in Greek philosophers' work and make it clear and understandable to believers without the need to conform to creeds or faith. Khadduri divides philosophical justice into four kinds: 36 1. Rational justice as a balance between divine justice and natural justice 2. Reasonable justice as ideal justice 3. Sound justice as a statement of a social contract 4. Tough justice as natural justice In studying rational justice as a balance between divine justice and natural justice, Khadduri adopted the concept of justice of the philosopher al-Kindī. The reason is an instrument that can lead people to understand the truth; however, there is a path (revelation) whose truth is single. The two ways must be considered harmonious and balanced. The notion of justice is identical with a quality (quality) inherent in humans and encourages them to do something right, shown and determined by reason. Justice is the center of all virtue; wisdom, courage, and fortitude. Justice is synonymous with the product of sense, but in the end, it gets inspiration from God, who instils reason in humans. Through the two paths of al-Kindī, rational justice aims to achieve two happiness; in this world (goodness in nature) and the hereafter (a form of moral goodness). 37 The concept of rational justice as ideal justice is adopted from al-Farabi's thought. Al-Farabi's theory of justice is closely related to the idea of political order (al-Siyāsah al-Madaniyah). Al-Farabi argues that no political charge can survive unless built based on the quality of excellence and perfection, and 36 Khadduri,Teologi Keadilan Perspektif Islam, 1. a large community consisting of inhabitants of the world regions who are used to form the world-state; 2. medieval communities comprised of people or nations, which make up the nation-state; and 3. small communities confined to cities, which include a city-state.
In the view of al-Farabi, the central city is the smallest unit to achieve human perfection. The main cities that comprise one nation form the leading nation. Justice in this context, according to al-Farabi, is the highest virtue that humans seek to cultivate and cultivate in themselves and are the foundation upon which political order is established.
The concept of rational justice as a statement of a social contract put forward by Khadduri is identical to Ibn Sinā's idea of justice about a just city. The appropriate city that Ibn Sinā dreamed of was a place for residents who felt the need to come together to establish a political community through tacit consensus and agreement. Thus, a city must have legal instruments and a ruler to achieve this goal. A ruler is a prophet who has moral character and divine authority contained in his prophecy. He became the Prophet-Ruler and lawmaker who laid down laws to organize human relations in all its aspects. 39 Sharia is strictly enforced to maintain the household's integrity and reasonably regulate divorce and inheritance matters. Divorce is narrowed by refusing to give women the right to separate. 40 The rational concept as natural justice meant by Khadduri as a philosophical theory of justice is Ibn Rushd's idea of justice. Ibn Rushd refuses to understand al-Ash'arī, which says that justice is a manifestation of Allah's will. A measure to differentiate between just and wrongdoing has been contained in the sharia. According to Ibn Rushd, this doctrine is absurd and contrary to revelation and reason. Humans treat justice because they are eager to achieve a benefit for themselves. Allah does not need anything good for Himself. He treats justice 38 Khadduri,Teologi Keadilan Perspektif Islam,'Gagasan Keadilan dalam Islam' (Semarang,n.d.). 40 Khadduri,Teologi Keadilan Perspektif Islam, because justice flows from His perfection. Justice as a virtue is a quality of honesty and self-control. Justice persists in a country insofar as each of its citizens pursues virtue. The continuity of justice depends on the ruler who leads a nation. Such a ruler must be a philosopher because he is interested in science, investigates its nature and can teach it. Philosophers should master theoretical and practical sciences, like a king, to perfect their leadership skills. He needs wisdom and intellectual qualities. Likewise, law enforcers (decision-makers) also need the exact attributes. In Ibn Rushd's theory of justice, a distinction is made between divine justice and human justice. Human justice accepted by reason is imperfect. Meanwhile, divine justice known through revelation is an expression of God's perfection. In Ibn Rushd's view, the final justice is not singular (different from al-Kindī) because the scale of justice for each aspect comes from entirely other sources. 41

'Umar Ibn Al-Khaṭṭāb's Ijtihād in the Perspective of Justice Theory
To reinforce the dimensions of justice in 'Umar Ibn Al-Khaṭṭāb's ijtihād, the philosophical theory of justice put forward by Majid Khadduri can approach as follows. In a philosophical theory of justice, there are two pathways in the form of reason and revelation that must be considered harmonious and balanced. 'Umar Ibn Al-Khaṭṭāb is a leader who sticks to the text. Even so, the Holy Prophet has given an example as in the case of Mu'ādh Ibn Jabbāl's sending to Yemen. The dialogue between the Holy Prophet and Mu'ādh took place around the relationship between revelation and reason (ijtihād). 'Umar also applied this provision through risālah al-qaḍā' to punish based on qiyās or ijtihād when the Koran and Sunnah did not regulate it.
The central city illustrated by al-Farabi in explaining the concept of rational justice as ideal justice is not identical with the government of 'Umar Ibn Al-Khaṭṭāb. However, there are several similarities with 'Umar's government, among others: A ruler is not an arbitrary person, but he must be blessed with the highest qualities that enable him to receive his essential function. It must have all the highest rates, namely reason. It can be seen from the brilliance of 'Umar, who had the height of reason.

Ahsan Dawi Mansur, Siti Murtiningsih
AL-AHKAM 104 ║ Vol 31, No 1, April 2021 In al-Farabi's view, the ruler must combine all executive, legislative, and judiciary powers. 'Umar Ibn Al-Khaṭṭāb was noted as the first leader who created a judiciary and separated the judiciary (judiciary) from the government (executive). 'Umar had a concept of justice that would enable him to operate the public order by the standards of justice in sharia. The best ruler is the one who clings to the scale of justice in his hands because he has the power to enact, interpret and apply the sharia. 42 'Umar as a ruler proved able to hold on to a scale of justice capable of making, interpreting and applying sharia through ijtihād and daily practices that reflect justice and equality.
The just city illustrated by Ibn Sinā is an ideal city and an illustration of the concept of rational justice as a statement of a social contract. Ibn Sinā directly praised the succession model of Caliph 'Umar Ibn Al-Khaṭṭāb, who formed a committee to elect a successor in consultation with the people. 43 The prerequisite for a just city with legal instruments and a ruler who makes laws that lay down rules to organize human relations in all its aspects has been owned by 'Umar's government. Even so, the just city that Ibn Sinā dreamed of was not synonymous with 'Umar's rule. For him, the proper city is a forum for residents who feel the need to come together to form a political community through tacit consensus and agreement. The existence of ruler is a prophet who has a moral character and divine authority in his prophecy.
Meanwhile, Ibn Rushd's model of philosophical justice theory, which carries the concept of rational as natural justice in the example, illustrates that sharia is strictly enforced to maintain the integrity of the household and regulate divorce and inheritance issues reasonably. Divorce is narrowed by refusing to give women the right to separate. 44 When juxtaposed with 'Umar Ibn Al-Khaṭṭāb's ijtihād, Ibn Rushd's concept regarding triple divorce is indeed different. Three divorces are counted as three simultaneously in essence so that husbands are more careful and do not quickly drop divorce on their wives. 'Umar prefers to approach his husband. Meanwhile, Ibn Rushd chose to close the wives by refusing to give them the right to file for divorce.
Every policy of 'Umar Ibn Al-Khaṭṭāb demonstrates philosophical justice. The essence of justice that does not differentiate between Muslims and non-Muslims, the rich and the poor, men and women, the strong and the weak, he has practiced since the beginning he assumed the position of caliph. The examples mentioned above demonstrate this justice. This essence of righteousness is the spirit of every ijtihād and policy of 'Umar Ibn Al-Khaṭṭāb.
The philosophical theory of justice that places reason and revelation in harmony and balance can be seen from 'Umar Ibn Al-Khaṭṭāb's ijtihād-ijtihād. Justice is synonymous with the product of sense, so is 'Umar's ijtihād, which is inseparable from his hard work to bring about justice. He drew inspiration from Allah, who instilled intelligence in him and able to grasp the universal values obtained by the Koran, such as justice and equality that are timeless. Regarding the various cases above, 'Umar's ijtihād cannot be separated from the universal values of the Koran as a source of inspiration which he applies to issues that are sometimes considered controversial.

Conclusion
From the practice of ijtihād and 'Umar Ibn Al-Khaṭṭāb's policies, a prototype of the nature of justice in 'Umar Ibn Al-Khaṭṭāb's view was found, namely appropriate behavior inspired by the principle of equality. 'Umar has applied the principle of equality before the law. The focus of equality is not a slogan or jargon, but he realizes it. Thus, there is no difference before the law between rulers and commoners, relatives and non-relatives, rich and poor people, strong and weak people, Arab and non-Arab people, and between Muslims and non-Muslims.
Through the philosophical theory of justice, 'Umar Ibn Al-Khaṭṭāb's ijtihād includes two paths, reason and revelation, which can be acted out in harmony and balance. 'Umar was a leader who held fast to revelation. If the leads, he applies the law according to the texts in general. However, in several cases such as ghanīmah, zakat for converts, punishment for thieves, punishment for adultery, and ta'zīr, he does not apply them according to the implied meaning of the text form of universal values that must be guided. Its ability to grasp these universal values makes its ijtihād products more flexible and closer to justice. His ijtihād cannot be separated from his hard work to bring about justice. He drew inspiration from Allah, who instilled intelligence in him by capturing