Maqasid al-Shari‘ah and International Human Rights: A Com-parative Analysis of Contemporary Islamic Legal Reform

Bahasa Inggris

Abstract

The relationship between Islamic law and international human rights remains one of the most debated issues in contemporary legal discourse, often framed in terms of compatibility or conflict. This study seeks to move beyond this binary by examining the integrative potential of maqasid al-shari‘ah as a framework for reconciling Islamic legal principles with global human rights norms. Employing a qualitative normative legal research design with a comparative-analytical approach, the study analyzes Islamic legal theory alongside international human rights instruments across ontological, epistemological, and teleological dimensions. The findings indicate that while significant differences exist in sources of authority and methods of reasoning, both systems converge in their shared objectives of protecting human dignity, justice, and public welfare. Areas of tension, particularly in relation to freedom of religion and criminal law, are shown to be context-dependent and open to reinterpretation through maqāṣid-oriented ijtihād. The study further proposes an Integrative Maqāṣid–Human Rights Model, structured around normative foundations, interpretive mechanisms, and practical legal applications, which serves as a framework for translating Islamic legal values into globally intelligible human rights standards. Ultimately, the research concludes that maqasid al-shari‘ah provides a flexible and purposive pathway for contemporary Islamic legal reform, enabling a constructive engagement between religious tradition and universal human rights while preserving normative authenticity and promoting a more inclusive and human-centered legal paradigm.