The Concept of Human Rights in the Maqashid Syari’ah Perspective

Abstract

This study examines the conceptual dichotomy that often arises between universal Human Rights (HAM) and the fundamental goal framework of Islamic law, namely Maqasid Sharia. There is an urgency to harmonize these two concepts in order to strengthen the guarantee of humanitarian protection in the legal system. This study uses a literature study method with a descriptive research nature with a comparative approach, examining primary and secondary legal materials, as well as Islamic legal doctrine. The main objective of this study is to analyze the convergence and substantial coherence between human rights principles and the five essential objectives of Maqasid Syari’ah (al-daruriyyat al-khams).  Therefore, the results of the study show that instead of being contradictory, Maqasid Sharia and human rights are two mutually synergistic and integrated frameworks, which lie in the identical end goal, namely the maintenance of human dignity (karamah al-insan) and the achievement of the common good. Human rights concepts such as the right to life (hifdz al-nafs), freedom of thought (hifdz al-aql), and property rights (hifdz al-maal) are explicitly internalized in the purpose of shari'a. In conclusion, Maqasid Syari’ah serves as a strong theological-philosophical foundation for the strengthening and justification of the universality of human rights, eliminating the dichotomy between positive law and spiritual values. The implication of this study is that it offers an integrative model in the development of law that guarantees the comprehensive protection of basic human rights.