Maqasid al-Shariah in Contemporary Legal Systems: An Analysis of Digital Rights and Privacy Protection

2025-07-13T09:00:30+08:00

Maqasid al-Shariah, as the foundational framework of Sharia’s objectives, offers universal principles that remain highly relevant in addressing contemporary legal challenges. This article examines the application of Maqasid al-Shariah within modern legal systems, with a particular focus on the protection of digital rights and privacy—an increasingly urgent issue in the era of digital transformation. Specifically, this study explores how the objectives of preserving intellect (hifz al-aql) and property (hifz al-mal) intersect with current data protection and privacy regulations in digital environments. Employing a qualitative methodology grounded in literature review and legal analysis, the article finds that Maqasid al-Shariah offers a robust ethical framework capable of safeguarding both individual and collective interests in a balanced manner while upholding spiritual and moral values. The study also addresses the challenges of integrating Maqasid al-Shariah with secular legal systems, especially amid globalization and rapid technological advancement. The findings suggest that embedding Maqasid al-Shariah into digital privacy regulations could serve as a strategic approach to building legal systems that are more inclusive, adaptive, and just. Therefore, the article concludes by emphasizing the need to further elaborate the policy implications of this framework to enhance its practical relevance and academic contribution. Ultimately, Maqasid al-Shariah is demonstrated to be both relevant and applicable as an ethical foundation for confronting legal challenges in the digital age.

Taklif Construction and Fulfillment of the Rights of Persons With Mental and Intellectual Disabilities From the Perspective of Islamic Law

2025-07-21T11:58:11+08:00

It's so important to recognise that people with disabilities are an integral part of our multicultural society. As a Muslim community, they also have rights and obligations like other Muslim communities. However, there is still so much to be done to gain a more comprehensive understanding of taklif studies regarding legal construction for people with disabilities. This research is an exciting step forward in constructing the taklif of persons with disabilities in their capacity as legal subjects. This research uses qualitative literature methods, with the main data being the Koran and legal hadith. Secondary data is obtained through legal commentary books, articles, and others. A normative approach is used in this research to look at the legal aspect of the meaning of legal sources that are directly related to taklif for people with disabilities. This approach was also carried out to find out more about the position of taklÃ®f for people with mental and intellectual disabilities and the influence of mental and intellectual disabilities on Ahliyyah. The findings indicate that individuals with psychosocial and complex mental disorders are not inherently affected by taklÃ®f in terms of taklÃ®f and Ahliyyah. Another form of disabled individual is the mukallaf, who are subject to taklÃ®f obligations based on their skills. With regard to the right to practice religion, people with mental and intellectual disabilities can still complete zakat responsibilities as a guardian pays them. Individuals with mental and intellectual disabilities are prohibited from exploiting their assets, regardless of whether their condition is permanent or temporary. Consequently, they are subject to a guardianship system. With regard to marriage, those with modest mental and intellectual disabilities who have an ahliyah wujub and an ahliyah ada' kamilah are considered to have a lawful marriage status. Conversely, if the disability is moderate or severe and there is a need to marry, the marriage may be performed by a wali mujbir.

Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan

Maqasid al-Shariah in Contemporary Legal Systems: An Analysis of Digital Rights and Privacy Protection

Taklif Construction and Fulfillment of the Rights of Persons With Mental and Intellectual Disabilities From the Perspective of Islamic Law