Özet:

Umar bin al-Khattab adopted a notion of ijtihad (re’y) that is based on maslahat and maqasid in the matter of interpreting and applying of the nass (ruling statements) depending on the unstable social conditions and the needs. There are many ijtihads that Umar bin al-Khattab made aiming at interpreting the nass in this context. Among these are, especially, abolishment of giving muallaf al-qulub share out of the zakat fund, abolishment of getting married with the women from Ahl al-Kitab (The people of the Book) and setting a maximum limit for mahr (dowry). Such implementations can be considered as some precautions taken by the public authority in order to limit the permissible (mubah) area of activity in Islamic law. When Umar bin al-Khattab’s implementations, aimed at applying the nass which are included in the scope of shar’i ibaha, are examined, it will be seen that they basically rest on the same juridical principles and essentials. For this reason, in this article, we discourse on the relationship between Umar bin al-Khattab’s ijtihad – abolishment of giving muallaf al-qulub share out of the zakat fund – and the public authority’s power over limiting the mubah, as it is a typical example for the application of the nass which are included in the scope of shar’i ibaha.

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