SOCIAL JUSTICE UNDER PERSPECTIVE OF PHILOSOPHY OF LAW AND MAQASID AL-SHARI‘AH
Abstract: Justice in the
philosophy of law becomes a core
which must be
met through the
existing law. Aristotle asserted
that justice as the core of the legal philosophy can be understood in terms of
numerical equality and equality
of proportion. He
also distinguished the type
of justice into
distributive justice and corrective justice. Meanwhile, John Rawls asserted
that the enforcement of justice has a social dimension or well-known with
social and reciprocal benefits. In Islam, justice is discussed as a matter of theology
of divine justice that later emerged the two schools of
thought; Mu„tazilah and
Ash„arîyah. In addition, the
theory of justice is also a fundamental theme in the philosophy of Islamic law,
particularly in the discussion of
maqâs}id al-sharî„ah which
asserts that Islamic law is regulated to create and protect the social benefits
to mankind. The
theory of social benefit was
initially introduced by
Imam alH{aramayn al-Juwaynî then
developed by his student, al-Ghazâlî.
The next Islamic
legal theorist that specifically discussed
about maqâs}id al-sharî„ah
was „Izz al-Dîn b.
„Abd. al-Salâm of
Shafi„îah. And the discussion about
maqâs}id al-sharî„ah in a systematic and clear
way was carried
out by al-Shât}ibî
of Malikîyah in his
book al-Muwâfaqât. In
addition, alT{ûfî also provides radical and liberal views about
the theory of social benefit.
Author: Sanuri
Journa Code: jpperadabanislamgg120001
