İslam Hukuku Araştırmaları Dergisi

Öz

One of the most discussed and most needed things today is justice. The nature, definition, and limits of “justice” has always been in the field of interest of scholars, philosophers, and thinkers, and every scholar who felt the need to write and say something about it. Questions and problems such as “what is justice?”, “what is the basic criteria of justice?”, “who is the just man?”, and “what are the obstacles that prevent justice?” have always occupied the agenda of humanity throughout history. Some thinkers have explained justice as “balance”, some with the concepts of “equality in punishment and reward” and some with the concepts of “right and law”. In Islamic thought, justice is defined by moral and ethical values such as “adl”, “qist”, “ihsan”, and “taqwa”. It has been discussed in a theoretical framework regarding the concepts related to the field of law. According to the theories that are shaped largely by the Qur’an and hadiths, it is Allah who created man as well as Allah who determines the nature, characteristics, and criteria of justice. Allah is absolutely Just. He has forbidden injustice and oppression to Himself. For humans to be a being that sustains justice, Allah has equipped human nature with the virtue of justice and has issued the rules and provisions that establish justice. Justice is something that can be defined and that is possible, contrary to the acceptance of philosophers representing Western civilization. Throughout history, thinkers have produced ideas and developed theories about justice. But these thoughts and theories have always remained incomplete in one respect, because man has neither the knowledge nor the power to cover and encompass all times, conditions and basic needs of man. It is Allah who bestows the sense of justice to human nature and creates it in man as a value and ability. Man is born equipped with the feelings and thoughts that innate justice. As a result of this; Regardless of their educational level and social status, every human being has the ability to distinguish between a just action and its opposite, injustice. Throughout the history of Islamic thought, the concept of justice and the particular concepts that are indirectly related to it have been at the center of attention of branches of sciences such as Islamic law, tafsir, and hadith. The concept of justice has been dealt with in connection with the basic concepts such as individual justice, social justice, equality, balance, and piety; Institutions have been developed and theories have been proposed regarding the nature, criteria, and protection of justice. In addition to putting forward theories about the nature of justice in Islamic thought, its connection with some emotions in human nature has been strongly pointed out. Although justice is not defined directly in the verses and hadiths, references are made to the nature of justice, the provision of justice, and some obstacles before it. In the verses, justice is always mentioned together with taqwa, which means “piety, fearing Allah properly, awareness of the Hereafter”. It has been emphasized that taqwa is a guarantee of justice and that justice in the real sense can only survive with the efforts of pious individuals. Provisions on justice often came in the form of commands. When the tenses and forms commanding justice are evaluated together, it becomes clear that acting justly is obligatory, just like performing prayers, fasting, and giving zakat. In this study, the nature of justice, its realization, and the obstacles (attitude/behavior) before the provision of justice such as socio-economic status, family and kinship ties, feelings of pity or enmity, religious belonging, financial burden will be evaluated within the framework of Islamic thought. In addition, the possibilities of dealing with justice in the context of moral attitude, common sense, balanced behavior, and taqwa, which is the fear of God, will be investigated.