Maqasid al-Shariah and Its Influence on Islamic Governance and Policy: A Framework for Contemporary Reform
Abstract
The persistent challenge of formulating a genuinely Islamic paradigm for modern governance has often resulted in a problematic dichotomy between secular models and traditionalist systems that rely on a rigid, legalistic interpretation of Shariah. This article argues that the classical Islamic legal theory of Maqasid al-Shariah (the Higher Objectives of Islamic Law) offers a robust, flexible, and ethically-grounded alternative for analyzing, critiquing, and guiding Islamic governance and public policy in the 21st century. Employing a qualitative methodology that integrates conceptual-analytical and case study approaches, the research first develops a comprehensive Maqasid-based governance framework built on the core principles of Teleological Prioritization, Systemic Maslahah (Public Welfare), and Comprehensive Justice (Adl). This framework is then applied to a descriptive case study of a contemporary Muslim-majority state. The findings reveal a significant dissonance: while the state demonstrates positive alignment with Maqasid in siloed, politically safe sectors like Islamic finance, critical gaps persist in areas of intellectual freedom, distributive economic justice, and judicial impartiality. The discussion interprets these findings as a consequence of historical path dependencies and political-institutional resistance, which favor a symbolic, instrumentalist use of Maqasid over its transformative potential. The article contends that the Maqasid framework serves as a powerful tool for internal critique and reform, capable of challenging entrenched power structures from within the Islamic tradition. Despite facing challenges from political elites and traditionalist establishments, a holistic Maqasid-driven model is proposed as the necessary paradigm for a governance system that faithfully serves the ultimate Islamic ends of human dignity, justice, and sustainable societal flourishing.
Keywords: Maqasid al-Shariah, Islamic Governance, Public Policy, Maslahah, Good Governance, Justice (Adl), Human Dignity, Legalism, Sustainable Development
