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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum MILRev: Metro Islamic Law Review
Muhammad Ngazis
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Integrating Maqasid al-Shari’ah in Contemporary Islamic Legal Reform on Drug Policy Andri Winjaya Laksana; Muhammad Ridwan Lubis; Denny Suwondo; Muhammad Ngazis; Ratih Mega Puspa Sari
MILRev: Metro Islamic Law Review Vol. 4 No. 1 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i1.10665

Abstract

This research explores how contemporary Islamic legal reform shapes drug policy using the framework of Maqasid al-Shari’ah. In many Muslim-majority countries, drug-related problems are on the rise, and traditional punitive responses—such as mandatory death sentences and corporal punishment—are increasingly questioned for being ineffective and misaligned with core Islamic values. Using a qualitative-normative approach combined with comparative analysis, this study examines statutory frameworks, fatwas, and recent legal reforms in countries like Malaysia, Indonesia, and Iran. It highlights a growing shift toward maqasid-based reasoning in designing more balanced and humane drug policies. The findings reveal three key trends. First, there is increasing emphasis on hifz al-nafs (protection of life) and hifz al-‘aql (protection of intellect), reframing drug offences not merely as moral or legal violations but as public health concerns requiring systemic solutions. Second, several Islamic legal institutions are adopting harm reduction strategies—such as rehabilitation, decriminalisation of minor drug use, and reintegration programs—framed within the maqasid discourse to uphold human dignity and promote social welfare (maslahah ‘ammah). Third, there is a growing openness toward contextual ijtihad, allowing reinterpretation of hudud and ta'zir punishments considering contemporary realities and scientific evidence. Academically, this research contributes to Islamic legal studies by offering a systematic and comparative analysis of how the principles of Maqasid al-Shari’ah are being operationalised in modern drug policy reform. It fills a gap in the literature by bridging classical Islamic legal theory with contemporary policy needs, particularly in areas often neglected by traditional fiqh discourse, such as drug rehabilitation and public health. The study also advances the methodological integration of maqasid-based reasoning with empirical policy analysis, providing a practical framework for future legal reforms in Muslim-majority contexts.
Government Transparency and Public Accountability in the Implementation of Good Governance in Indonesian Constitutional Law System Muhammad Ngazis
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

This research aims to analyze the role of government transparency and public accountability in the implementation of Good Governance in the Constitutional Law System in Indonesia. In the context of legal and government dynamics, transparency and accountability are considered the main pillars in achieving effective Good Governance practices. This research used library research method, with a series of research relating to library data collection methods, or research whose research objects areexplored through a variety of library information including books, encyclopaedias, scientific journals and documents. Byfocusing on key aspects of Good Governance such as transparency, accountability, community participation andjustice, this research aims to provide a holistic picture of the implementation of these principles. This research finallyleads to recommendations for strengthening regulations related to transparency, increasing access to publicinformation, and designing accountability mechanisms that are clearer and consistently applied. It is hoped that thesefindings can contribute to further understanding of how transparency and accountability play a role in establishingGood Governance in the Constitutional Law System in Indonesia.
Co-Authors Andri Winjaya Laksana Denny Suwondo Muhammad Ridwan Lubis Ratih Mega Puspa Sari