The Function of Political Fiqh in Theorizing Social Justice (original) (raw)
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AL-AFKAR: Journal for Islamic Studies Vol. 6 No. 4 (2023). P-ISSN : 2614-4883; E-ISSN : 2614-4905 , 2023
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Islāmic Approach to Social Justice
AL-AFKAR: Journal for Islamic Studies Vol. 6 No. 4 (2023). P-ISSN : 2614-4883; E-ISSN : 2614-4905 , 2023
Abstract. Islām is the religion of peace and justice. The Islāmic Sharī‘ah is principally based upon the benefit of the beings. Hence it is against class conflict and establishes fraternity and brotherhood in the ranks of the Ummah. As such, the Law of Islām holds that initially and essentially, all beneficial actions are legitimate, and all harmful ones are illegitimate. Justice is the fundamental principle existing in every commandment of the Sharī‘ah. That is why every rule of the Sharī‘ah bears witness to this generalisation when it considers human nature and its general weaknesses and basic needs. Justice is central to all the teachings and legal commandments of Islām. This paper explores the meaning of social justice. It analyses the fundamental ideals of Islām that can be considered to promote social justice, especially in societies governed by the legal system of Islām. It offers a conceptual framework primarily in light of the teachings of the Qur’ān. It also discusses the peculiar characteristics of the Sharī‘ah in light of the Islāmic Concept of the relationship between God, man, and the universe and the concept of divine justice manifest at all levels of the universe
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The function of the state in exercising power is to ensure social justice for its people. To make it happen, efforts are needed to explore the concept of statehood. In its development there are two concepts of statehood, namely the welfare state and liberal states or capitalism state. Both are different and tend to be contradictory. This article aims to study and explore about Maqashid As-shari'ah (the principles or purposes of Islamic law) in order to bridge the conflict between the two concepts of statehood. The method used is socio-legal research, which is legal research using interdisciplinary. Data is obtained from the library or library recearch. The results showed that the concept of the welfare state demands the role of the state in distributing socio-economic justice, while the concept of a liberal state marginalizes the role of the state in the distribution of socio-economic justice and submits to market mechanisms. In state practice the concept of a liberal state defe...
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In the contemporary era, the social justice has been focus of special attention, and explained and interpreted variously in the form of the theories of justice. In the climate of the Islamic thought, the belief in the perfection of Shariʿa and the capacity of the Islamic teachings for optimal management of the human societies has brought about a belief in self-sufficiency of Shariʿa and no need to any attempt for some movements such as identity neo-Salafism. In the present article, while explaining the view of identity neo-Salafism regarding the status of Shariʿa in establishing justice with a focus on Sayyid Quṭb's thought, we attempt to explore various aspects of the discussion on the relationship between Shariʿa and social justice. In this way, we try to present a vivid picture of the function of jurisprudence and Shariʿa in the sphere of establishing social justice as defined by Islam.
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This paper will be comparing the conception of justice between the traditionalist and reformist schools represented by Mawardi and Maududi respectively in Islamic political theory. Justice for Mawardi, is ‘Adl in that one’s soul has the complete virtue of justice through the attainment of a form of natural (fitri) justice before externalizing itself through the just ordering of society. Maududi’s justice is Qist akin to equality or fairness focusing on distributive justice, implemented through the establishment of an Islamic state, a theo-democracy. Thus, the reformist version of justice was influenced heavily by the historicity of its time, in response to colonialism and loss of muslim power and prestige, therefore Maududi’s conception of justice cannot transcend its applicability and effectiveness as a suitable concept for current muslims. On the other hand, Mawardi’s conception of justice, is more applicable and relevant for implementation due its strong principles that can be adapted to changes socio-historical conditions. The traditionalist school works through harmonizing foundational principles derived through its long scholarly tradition with current situations without losing its essence. Therefore, I will provide reasons why we need to recuperate the past understanding of the traditionalists to provide important lessons and firm grounding to adapt and flourish in the future.
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Justice is the most important and influential fact in the life of a human being that can solve the problems of society in a peaceful manner and in Islam it is the fundamental principle of thought and practice. The Constitution of this world is based on the revealed guidance and for the introduction, implementation and promotion of these regulations Almighty Allah sent His Messengers to frame a society based on social justice, fairness and obedience towards the Creator. Islam is the religion of peace that emphasizes on equality before law and promotes the notion of universal brotherhood to establish a peaceful and rewarding society. Islam teaches rectitude and never encourages its followers to vituperate and humiliate anyone in the society. Human Rights have acquired an unprecedented importance in the modern world. It has become not only a criterion for judging the socioeconomic performances, conditions of civil liberties and political freedom of the nations, but also a tool of global affairs. In Islam distinct laws have been set up based on social justice for the diverse forms of crimes. Justice in Islam deals not only with human rights but has secured the rights of other creations as well. There is no place for violation, unjust, tyrannical attitude and oppression or repression in Islam. It emphasizes the whole humanity as a peaceful society and eliminates the perspectives and perceptions of social evils. So this paper will examine the concepts and perspectives, role and implementation of Justice and Human Rights in Islam, as there are various conceptions and misconceptions of Justice and Human Rights in the Human history.
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