The Place of Social Justice in the Islamic Legislative System and Governmental Jurisprudence: Based on the Views of Sadr

Introduction and Objectives

Social justice, as a pivotal concept in Islamic thought, has long been an interdisciplinary subject at the intersection of ethics, jurisprudence (fiqh), and politics. Despite extensive discussions, its precise role as an inferential principle in Islamic legislative theory, particularly in governmental jurisprudence, requires more systematic investigation. This study focuses on the views of Shahid Sayyid Muhammad Baqir al-Sadr to explore how social justice, based on his theory, can function as an independent juristic principle in deriving, expanding, or restricting religious rulings, especially in cases of juridical uncertainties (shubuhāt ḥukmiyyah).

The main objectives of the research are:

• Elucidating Shahid Sadr's definition of social justice and its two main pillars: social solidarity (takāful) and social balance (tawāzun).

• Analyzing the ontological and semantic status of the rational judgment concerning social justice.

• Examining the possibility of utilizing this principle in the process of ijtihād, both by relying on and without relying on the principle of correlation between rational and sacred judgments.

Research Method

This qualitative research adopts an exploratory and analytical-descriptive approach. Data were collected through library research and reference to Shahid Sadr's original works. The primary method of data analysis is "istinṭāq" (interrogation), a method innovated by Sadr himself for thematic Qur’anic exegesis. This method involves a dynamic and inquisitive "dialogue" with a coherent body of texts (here, Sadr's works) to extract a comprehensive theory in response to a specific research question. By posing the research question to Sadr's works, relevant propositions were gathered, their interrelationships examined, and his coherent theory reconstructed.

Findings

The most important findings of the research are:

• Conceptual Status of Social Justice: For Sadr, social justice is not merely an ethical ideal but a ultimate goal of Sharīʿah, realized through two pillars: "social solidarity" (the state’s guarantee of a minimum livelihood) and "social balance" (the state’s commitment to providing balanced opportunities and resources).

• Semantic and Ontological Status of the Judgment on Justice: Shahid Sadr believes in the objective reality of ethical necessities, such as justice, which are perceived by practical reason. He strongly rejects the dependence of good and evil (ḥusn wa qubḥ) on personal considerations or their mere conformity to external interests (maṣāliḥ) and harms (mafāsid).

• Application in Ijtihād: A key finding is that there is no need to prove the principle of correlation between rational and sacred judgments for the juristic application of social justice, as the foundations of this principle are also rooted in sacred texts (the Qur’an and Sunnah). This principle can function as a superior and governing principle over other juristic evidence, with the following functions:

o As a contextual indication (qarīnah labiyyah) for interpreting other rules (e.g., interpreting the rule of "lā ḍarar" in a way that excludes minor individual harms in achieving overall social justice).

o As a basis for establishing new rulings in the "zone of discretion" (manṭaqat al-furāgh) by the ruling authority (walī al-amr).

o As a criterion for suspending or modifying some primary rulings (e.g., restricting the revival of wastelands) when they conflict with the ultimate goal of justice in a new social context.

• Scope: The primary domain for the application and implementation of this principle is governmental jurisprudence (fiqh al-dawlah), and the ruling authority (Islamic ruler) plays a central role in identifying its instances and execution.

Discussion and Conclusion

This research demonstrates that Shahid Sadr’s theory provides a solid framework for employing social justice as a dynamic and practical principle in Islamic jurisprudence. By dual reliance on rational objective ethics and sacred texts, Sadr offers a way to address modern legal and social challenges without being entirely constrained by the debate over the principle of correlation. The ultimate conclusion is that, from Sadr’s perspective, social justice is a meta-principle governing the process of ijtihād (especially in the socio-political sphere), enabling the jurist and the Islamic ruler to derive context-sensitive rulings that preserve the objectives of Sharīʿah (maqāṣid al-Sharīʿah). The main challenge is the objective identification of instances of justice, which, from Sadr’s viewpoint, is the responsibility of the qualified ruling jurist (al-faqīh al-jāmiʿ al-sharāʾiṭ al-ḥākim) in consultation with experts. This study contributes to the development of Islamic legal theory by highlighting the potential of Sadr’s model for enhancing the responsiveness of fiqh to contemporary issues of justice and social welfare. It is suggested that future studies undertake comparative analyses with other jurists or practical applications of this theory to specific socio-economic policies.