Maiyestati Maiyestati
Department of Constitutional Law, Faculty of Law, Bung Hatta University, Indonesia

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Reconstructing Universal Jurisdiction in Contemporary International Law: A Maqāṣid al-Sharī‘ah Approach to Global Justice Ahmad Iffan; Elyana Novira; Maiyestati Maiyestati; Deswita Rosra; Desmal Fajri
Nurani Vol 26 No 1 (2026): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v26i1.32116

Abstract

The doctrine of universal jurisdiction is widely recognized as a key legal mechanism for addressing impunity for genocide, war crimes, crimes against humanity, and other serious international crimes. However, its contemporary implementation has increasingly been criticized for selective enforcement, political instrumentalization, and inconsistent accountability, thereby generating a significant legitimacy deficit within the international legal order. This study aims to reconstruct the normative foundation of universal jurisdiction through the framework of Maqāṣid al-Sharī‘ah and classical Siyar (Islamic international law) in order to strengthen its ethical legitimacy and promote a more consistent model of global justice. This research employs normative legal methods, integrating doctrinal, conceptual, comparative, and qualitative content analysis approaches. The findings demonstrate that the current practice of universal jurisdiction is structurally constrained by selective enforcement and geopolitical asymmetries, which undermine its claim to universality. Furthermore, this study clarifies the strict doctrinal divide between municipal universal jurisdiction operating via custom and the International Criminal Court’s (ICC) treaty-based jurisdiction and the study finds that four core maqāṣid principles ḥifẓ al-nafs (protection of life), al-ʿadālah (justice), al-musāwāh (equality), and al-maṣlaḥah al-ʿāmmah (public welfare) provide a coherent normative framework for evaluating and reconstructing universal jurisdiction. These principles establish clear ethical criteria for non-selective enforcement, equal protection of victims, and enhanced accountability beyond geopolitical interests. The study concludes that Maqāṣid al-Sharī‘ah functions not merely as a theological-legal doctrine, but as a universal normative framework capable of reinforcing the legitimacy of international criminal justice. Based on these findings, the article proposes a Maqāṣid-Based Universal Jurisdiction Model to promote a more consistent, impartial, and human-centered system of global accountability.