نظرية العدالة الاجتماعية في التشريع المالي الإسلامي : مقوّماتها وآلياتها وتطبيقاتها

Abstract

The main objective of this study is to uncover the Islamic theory in social justice, and explore its conceptual background, and extrapolate its mechanisms in the different sections of the Islamic financial legislation, and compare them with different political theories. The study comes in five chapters; the first is the preliminary chapter. The second chapter is dedicated to introduce the conceptual and philosophical aspects of social justice in the Islamic thought, compared with different theories in political philosophy. The third chapter sheds light on the Islamic financial mechanisms that promote the balance between efficiency and justice, and between capital and labour. The fourth is about the role of the Islamic welfare state in the theory. Finally, the fifth chapter is about analysing the social and family mechanisms and their position on the achievement of social justice. This study has used the qualitative methodology; inductive, analytical, comparative and descriptive methods. The study concludes on several results. One of the important findings is that the term "social justice" is a composite concept, aims to develop principles and standards that govern the way in which benefits and burdens are distributed in society according to the philosophical, economic and social conception adopted by that society and its political system. The policies of "social justice" are not arbitrary distributional patterns, but are tools of social engineering, that shape of the nature of family, and draw a special relationship between the society and market, and between the state and society. The Islamic financial legislation provides a coherent theory that achieves the highest standards of social justice in a comprehensive and balanced manner. It provides answers to the most difficult problems in the philosophical and legal field of social justice, and its worldview presents a consensual reconciliation between the principle of freedom and equality, and right and good. The Islamic theory of social justice achieves the fair distribution of wealth while maintaining social relations and family cohesion.