ENFORCEMENT OF CAPITAL LAW, PUNISHMENT, AND RETALIATION IN THE LEGAL POLICY OF THE JUST CALIPH OMAR BIN ABDUL AZIZ - MAY GOD BE PLEASED WITH HIM - (A COMPARATIVE JURISPRUDENTIAL STUDY)

Abstract

ABSTRACT

 The problem statement of the research is to demonstrate the mature judicial model of the Islamic Caliphate during the reign of the just Caliph Omar bin Abdulaziz, may Allah be pleased with him, and the fact that his mature caliphate is a model to emulate. The study aimed at defining Hudud, presenting examples of his policy, may Allah be pleased with him in establishing Hudud, defining Tazir, presenting examples of his policy in applying it, may Allah be pleased with him, defining Qesas, and presenting examples of his policy, may Allah be pleased with him in applying it. The research was carried out to reach these goals according to the inductive approach in collecting scientific material by identifying the words and actions of the Amir al-Muminin Omar bin Abdulaziz in the jurisprudence of sharia policy, the analytical approach to analyze Omar bin Abdulaziz's sharia policy, and the statement of his methodology in facilitating state affairs, and correcting the wrong ways at the time of his succession in Sharia politics. In addition, the development of ideas that can be applied as much as possible, the historical method of collecting historical and theoretical information about Omar bin Abdulaziz, and extracting historical information from his sharia policy. He came to the following conclusions, the most important of which are that Umar Bin Abdul Aziz (may Allah be pleased with him) made a woman's surgeon's wergild one-third of a man's wergild in his wounds, but in killing, he made it half of a man's wergild, and the wergild of the People of the Scripture made it half of a Muslim's wergild, whether in wounds or in killing. In Qisas, he offered the family of the deceased to forgive or to take wergild, or to apply Qisas, and here he explains to us his methodology, may Allah be pleased with him in intentional murder, as it has been proven from him that in such cases-namely intentional murder - he has three things in front of him : Qisas from the murderer, acceptance of wergild, or forgiveness towards the murderer.

Keywords: Omar bin Abdulaziz, Hudud, Tazir, Qisas.