MENGKAJI ULANG KONSEP KEADILAN MENURUT ABU ZAHRAH DAN IMPLIKASINYA TERHADAP HUKUM TATA NEGARA

Abstract

This article re-examines the concept of justice in the thought of Muhammad Abu Zahrah and its relevance to constitutional law. Abu Zahrah views justice as a foundational principle of Islamic law, with universal and integrative implications. Based on his interpretation of QS. An-Nisā’ (4:58) and QS. An-Naḥl (16:90), this study reveals that justice in his view encompasses theological, moral, and institutional dimensions. He classifies justice into three domains: justice toward God, toward the self, and toward others. In the context of governance, Abu Zahrah emphasizes that power must be exercised as a trust grounded in substantive justice. Any ruler who fails to uphold justice is deemed to have violated the core of Islamic legal ethics. The article demonstrates that Abu Zahrah's concept of justice offers a robust normative basis for constitutionalism, governmental accountability, and the rule of law. Through a normative-contextual approach, his ideas remain highly relevant to the development of a just and inclusive legal system in Indonesia. This study recommends integrating progressive Islamic values into national legal reform to build a constitutional order rooted in ethical governance and public welfare.