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Fauzi Shaleh
Universitas Islam Negeri Ar-Raniry Banda Aceh

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Beyond Classical Slavery: A Critical Maqāṣid Analysis of the Reinterpretation of al-Riqāb in Contemporary Zakat Jurisprudence Murdani; Fauzi Shaleh; Jabbar Sabil; Muhammad Haikal; Arinal Rahmati
Asy-Syari'ah Vol. 28 No. 1 (2026): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v28i1.54668

Abstract

This study aimed to examine the concept of al-riqāb as a zakat recipient category mentioned in Qur’an Surah al-Tawbah (9):60. In classical Islamic jurisprudence, al-riqāb referred to slaves undergoing emancipation (mukātab). However, with the legal abolition of slavery in modern societies, the idea broadened the meaning of al-riqāb to include victims of exploitation, human trafficking, debt bondage, and similar conditions. This study focused on investigating how al-riqāb was understood in classical fiqh literature and to what extent the concept could be applied in contemporary times. Using a normative-philosophical method and literature review, this study analysed the foundations of Islamic law, the views of major legal schools, and the interpretations of scholars regarding the zakat verse. The results showed that most scholars interpreted al-riqāb strictly as mukātab slaves. Although the social context had changed, expanding the meaning of al-riqāb must be approached with caution to avoid violating the Qur’anic principle of limitation (ḥaṣr) and scholarly consensus (ijmā‘). Furthermore, the study showed that any reinterpretation aiming to include modern “slavery” victims must be based on strong syar‘ī evidence, remain consistent with maqāṣid al-syarī‘ah, and not compromise the integrity of Islamic legal rulings or the rights of other eligible zakat recipients. Zakat distribution must also adhere to the boundaries of Islamic law and should not depend solely on subjective notions of public interest.