Konsep Keadilan Sosial dalam Perspektif Hukum Tata Negara dan Fiqh Siyasah

Abstract

Abstract : Social justice is one of the fundamental objectives of state governance, aimed at achieving public welfare, equality of rights, and the protection of all citizens. This study seeks to analyze the concept of social justice from the perspectives of Constitutional Law and Fiqh Siyasah, as well as to identify their similarities, differences, and relevance to the development of Indonesia’s constitutional system. The research employs a library research method with a qualitative approach by examining various sources, including academic literature, statutory regulations, scholarly journals, and relevant Islamic legal references. The findings reveal that both Constitutional Law and Fiqh Siyasah regard social justice as a primary objective of governance. In Constitutional Law, social justice is realized through the principles of the rule of law, the protection of citizens’ constitutional rights, and the concept of the welfare state. Meanwhile, in Fiqh Siyasah, social justice is manifested through the principles of al-'adalah (justice), maslahah 'ammah (public welfare), amanah (trustworthiness), shura (consultation), and maqasid al-shari'ah (the objectives of Islamic law), all of which are oriented toward the welfare of society. Although these two perspectives differ in terms of their legal sources, philosophical foundations, and mechanisms of implementation, they share substantial common ground in promoting public welfare, protecting fundamental rights, and preventing the abuse of power. Therefore, the values of social justice embedded in Constitutional Law and Fiqh Siyasah can complement one another in supporting the development of a democratic, just, and welfare-oriented constitutional system in Indonesia.  

Keywords: Social Justice; Constitutional Law; Fiqh Siyasah; Welfare State; Maqasid al-Shari'ah.