The Maqasid Syariah in State Jurisprudence

Abstract

Allah SWT through his final messenger Prophet Muhammad SAW announced Islam to the universe as a complete way of life. Its most fundamental aim is to ensure the implementation of the comprehensive Islamic law (syariah) so that good deeds can be done, and any harm is prevented. To attain this noble goal, Islam is not confined to acts of worship and specific transactions but further extends its principles to governance and administration. Nonetheless, the governance structure or the identity of the governing individuals is not the primary concern. What is truly important is that the governance achieves the maqasid syariah (objectives of Islamic law). Hence, this paper aims to clarify the maqasid syariah within the context of Islamic state jurisprudence (fiqh kenegaraan). Both inductive and deductive analyses of the available data are used in this literature-based study. The findings revealed that the maqasid syariah in state jurisprudence mainly deals with safeguarding religious welfare (maslahah) and managing government affairs according to the religion. The four components—citizens, territory, government, and sovereignty—are the foundational pillars of a state. Furthermore, the preservation of the five essentials (al-daruriyyat al-khamsah), namely religion, life, lineage, intellect, and property, acts as a mean to achieve the religious and worldly welfare of a state. The implications of this study emphasize the significance of understanding maqasid syariah within the framework of state governance. Such understanding is crucial in addressing misconceptions regarding Islamic rulings, which are frequently seen as ineffective due to the notion of Islam's universality or due to misinterpretations of maqasid. A proper comprehension of this concept enables the harmonious implementation of syariah, promoting trust in its capacity to govern human existence in both this world and the Hereafter.