MAQASID AL-SHARI'AH AS A FRAMEWORK FOR REFORMULATION OF ISLAMIC CRIMINAL LAW IN THE MODERN LEGAL SYSTEM

Abstract

This study aims to analyze the role of maqāṣid al- sharī'ah as a conceptual framework in reformulating Islamic criminal law so that it can interact constructively with the modern legal system. This study departs from the fact that the formulation of criminal law in classical fiqh literature is often perceived as not fully in line with modern legal principles such as legality, proportionality of punishment, and protection of human rights. Therefore, this study attempts to re-examine the conceptual structure of Islamic criminal law by placing the objectives of sharia as the basis for legal interpretation. The study uses a normative legal approach with a literature review method that focuses on the analysis of classical and contemporary literature on Islamic criminal law and the theory of maqāṣid al- sharī'ah. Research data are obtained from primary sources in the form of the Qur'an, hadith, and the works of classical scholars, especially the thoughts of Abu Ishaq al-Shatibi, as well as modern academic literature that develops a more systemic maqāṣid approach as proposed by Jasser Auda. The research findings demonstrate that the maqāṣid approach allows for a reinterpretation of the form and purpose of criminal sanctions in Islam, emphasizing the protection of human welfare as the primary focus of law. This approach opens up space for a more contextual reformulation of Islamic criminal law without neglecting the normative principles of sharia. The impact of this research lies in its contribution to strengthening the theoretical framework for the development of a more adaptive Islamic criminal law system, thus bridging Islamic legal tradition with the dynamics of the modern legal system