MAQÂSHID AL-SYARÎʻAH AND HUMAN RIGHTS PROBLEMS

Abstract

Islam is a religion with a welfare orientation not only for Muslims
but also for all humanity. Thus, a guide in Islam must certainly aim for good
and benefit, and vice versa. However, several guidelines in Islam have
clashed with various things including clashing with Human Rights, such as
the application of Jizyah in an Islamic government is considered contrary to
human rights, this is because Jizyah is only required for non-Muslims (kafir
Dzimi) and not obliged by the Muslim community itself. Based on the
background, this research aims to know, review, and explain how Sharia
Maqashid as a method of Instinbath law such a response to human rights
problems? This research used normative law research with the descriptiveanalytical specification. The law materials used primary, secondary, and
tertiary substances. The collection of law materials in this research pursued
by conducting literature research and document studies. The main approach
was taken by doctrinal. Based on the results of this study it can be concluded
that between the Maqsidan and the realization of human rights (HAM) there
is a close and inseparable relationship. The obligation of Jizyah for nonMuslims (kafir Dzimi) in an Islamic government is precisely a form of justice
that does not contrary toward human rights, this because the obligation of
Jizyah is a form of non-Muslim contributions (kafir Dzimi) as the obligation
of zakat for Muslim communities towards an Islamic government. It can be
concluded that both Muslims and non-Muslims (kafir Dzimi) should not be
discriminated against in the government. Thus, this affirms that the
guidance of Islam and human rights does not contradictory to one another if
comprehensively studied with the Maqashid sharia approach.

Keyword: Maqosid, fitrah, attitude