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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam El-Usrah: Jurnal Hukum Keluarga
Alias, Muhammad Nazir
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam

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Child Marriage in Malaysia: Reforming Law through the Siyasa al-Shar’iyya Framework Abdol Malek, Muhammad Al-Ghazalli; Samuri, Mohd Al Adib; Alias, Muhammad Nazir
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 1 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i1.16011

Abstract

The international community sees child marriage as a traditional practice affecting children’s rights, self-development, and future. Academic literature worldwide records that child marriage harms children’s rights to health, education, and growth. Muslim scholars must engage with Islamic law frameworks to advance children’s rights in Muslim countries. Thus, Islamic law frameworks such as Siyasa al-Shar’iyya have the potential to end child marriage. Therefore, this article discusses classical and contemporary views on child marriage and focuses on Siyasa al-Shar’iyya as a framework to curb child marriage practices. This study uses a qualitative approach by applying the content analysis method to classic and contemporary Islamic legal texts. The study concluded that government could introduce legal reforms based on the framework of Siyasa al-Shar’iyya to curb child marriage. Several studies have shown that child marriage negatively impacts children’s rights and well-being. Accordingly, this could be classified as mafsada, which the authorities should avoid protecting the children’s interests. Siyasa al-Shar’iyya allows the government to prohibit any permissible act, such as child marriage, to protect the public interest. Children’s rights groups can cite such arguments to advocate against child marriage in Muslim countries.
The Position of Maqasid al-Shariah within Islamic Legal Sources: A Comprehensive Analysis Alias, Muhammad Nazir; Abdullah, Muhammad Najib; Osman, Mohd Farihal; Ismail, Nor Faizah; Kamis, Mohd Sham
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 2 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/q4byre51

Abstract

This study examines the position of maqasid al-shariah (objectives of Islamic law) within the hierarchy of Islamic legal sources and its role in contemporary legal derivation. While maqasid al-shariah serves as a framework for preserving five essential elements (religion, life, intellect, lineage and property), its precise position within Islamic legal sources remains ambiguous. This research addresses whether maqasid functions as a primary source equivalent to the Quran and Sunnah or merely as an interpretative tool and how it interacts with secondary sources like qiyas, istihsan and maslahah mursalah. Employing document analysis, comparative analysis and interdisciplinary approaches integrating usul al-fiqh and maqasid studies, this research examines primary Islamic sources and classical and contemporary scholarly works. Findings reveal that maqasid maintains an organic relationship with primary sources while serving as an evaluative framework for secondary sources. In qiyas, maqasid guides identification of 'illah (legal cause); in istihsan, it justifies departures from strict analogical reasoning; for maslahah mursalah, it distinguishes valid public interests; and it filters ‘urf (custom) and guides sadd al-dhara'i (blocking means to harm). Contemporary applications in Malaysia and Indonesia demonstrate maqasid's practical significance. During COVID-19, religious authorities used maqasid-based reasoning to suspend congregational prayers, prioritizing life preservation. In Islamic finance, maqasid principles guide evaluation of cryptocurrency and digital sukuk. The emergence of “maqasid-oriented ijtihad” represents a methodological innovation integrating traditional usul al-fiqh with maqasid considerations. This research clarifies that maqasid al-shariah functions not as a separate hierarchical source but as an integral framework permeating all levels of legal derivation. The findings suggest traditional usul al-fiqh methodologies, when properly integrated with maqasid principles, remain adequate for realizing shariah objectives in modern contexts, though requiring dynamic application responsive to contemporary realities.
Co-Authors Abdol Malek, Muhammad Al-Ghazalli Abdullah, Muhammad Najib Ismail, Nor Faizah Kamis, Mohd Sham Nur Wakhidah Osman, Mohd Farihal Samuri, Mohd Al Adib Zainal Abidin, Raihana