Protecting Human Dignity: The Social and Legal Objectives of Shariah

Abstract

This article elucidates Shariah as a holistic system for safeguarding human dignity (karamah) through the Maqasid al-Shariah framework five interdependent objectives: preservation of religion (hifz al-din), life (hifz al-nafs), intellect (hifz al-aql), lineage (hifz al-nasl), and property (hifz al-mal). Beginning with the Qur’anic affirmation of innate human honor (17:70), it contrasts Shariah’s protective ethos with real-world violations such as the 2024 Rohingya crisis, where systemic dehumanization exposed gaps in global rights mechanisms. Historically, the Maqasid evolved from Al-Ghazali’s maslaha-centric welfare to Al-Shatibi’s inductive systematization and Ibn Taymiyyah’s statecraft realism, now digitized in 2024 Qatar manuscript projects. Social objectives operationalized via zakat, waqf, sadaqah, and ummah solidarity preempt inequality; Malaysia’s 2023 poverty alleviation integration of Maqasid metrics reduced extreme poverty by 18%. Legal objectives deploy qiyas, ijtihad, and qadi discretion to enforce justice with mercy Saudi Arabia’s 2022–2024 reforms cut theft recidivism by 62% through rehabilitation. Gender and minority protections recalibrate mahram and dhimma as relational shields, not restrictions. Contemporary applications in Indonesia’s blockchain-traced sadaqah, Saudi Arabia’s SNAD orphan program, and Malaysia’s Tahfiz Empowerment Index demonstrate scalability. Critiques of “barbaric” punishments are countered with evidence of hudud rarity (<0.4% of convictions) and contextual application. Political misuse by extremists and regimes distorts dignity, yet Shariah-compliant finance ($5.47 trillion market) and the 2025 Cairo Declaration alignment with SDGs affirm global relevance. The article concludes that Maqasid-based ijtihad offers a resilient blueprint for dignified societies amid globalization, urging dialogue between Islamic jurists and universal rights advocates to reclaim Shariah as a transformative ethic of human flourishing.

Keywords: Maqasid Al-Shariah, Human Dignity, Karamah, Hifz Al-Din, Hifz Al-Nafs, Hifz Al-Aql, Hifz Al-Nasl, Hifz Al-Mal, Islamic Jurisprudence, Zakat, Waqf, Ijtihad, Hudud, Shariah-Compliant Finance