HUMAN TRAFFICKING IN THE PERSPECTIVE OF MAQĀṢID AL-SHARĪAH

Abstract

Islam is a religion that respects and upholds human values. Trafficking in persons is a form of modern slavery that is not following the nature of humanity given by God. This paper examines how trafficking in persons is from the perspective of maqāṣid al-sharī‘ah, which aims to place humans in their human dignity. This paper employs a literature review by utilizing primary sources, whether in the form of books, research results, or journal works relevant to the study's focus. Human trafficking is an act that is not relevant to the objectives of Islamic law, namely to create a life based on equality, independence, respect for fellow human beings, and worthiness in life. Islam forbids the behavior of trafficking in persons because it respects humans. In the conception of Islam, there are five main things called al-ḍarūriyāt al-khamsah (five main things that must be maintained), including protection of religion (ḥifẓ aldīn), soul (ḥifẓ al-nafs), reason (ḥifẓ al-'aql), offspring (ḥifẓ al-nasl), property (ḥifẓ al-māl). These five main things, referred to as maqāṣid al-sharī‘ah are a speciality in Islamic teachings, so anything that contradicts them is considered as behavior that is not following the aims and objectives of the revelation of Islamic teachings.