Jurnal Kajian Hukum dan Sosial
Vol 18 No 2 (2021)

The Study of Australian Government Policies on Maqasid al-Sharia Perspective

M. Noor Harisudin (Faculty of Sharia, UIN KH Ahmad Siddiq, Jember)



Article Info

Publish Date
19 Nov 2021

Abstract

This article discusses the Australian government policies from the perspective of Maqasid al-Shari’a. The performance of policies focusing on the study is traffic laws, taxes, the environment, and anti-domestic violence. In several literature pieces, Maqasid al-Shari’a is defined as the purpose, objective, and secret set by Allah SWT in every Sharia law. Maqasid al-Shari’a is “Allah's goal (Shari) in making law.” In addition to being ”˜ammah (general), khassah (unique), and juz’iyah (parts), in Islam, Maqasid al-Shari’a is based on five main points as follows: protecting religion, protecting the soul, protecting reason, protecting property, and protecting descendants. After conducting in-depth interviews with several informants, books, and journals and tracing the laws on traffic, tax, environment, and anti-domestic violence in Australia, the conclusion is that the Australian government policies are based on Maqasid al-Shari’a in one part. However, it is not a country based on religion or Sharia, in the other part. Australia is a liberal country providing freedom for its citizens to have faith or no belief. However, in several other respects, it appears that the Australian government’s policies are against the Maqasid al-Shari’a, such as the ability to drink heavily in limited spaces, the life of same-sex marriages, and so on. This article is critical in developing policy studies of non-Islamic countries from the Maqasid al-Shari’a perspective. 

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Journal Info

Abbrev

justicia

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The journal aims to advance knowledge in Islamic legal studies within Muslim societies from various perspectives, enriching both theoretical and empirical research. It covers a range of subjects, including in-depth studies of living law in Muslim communities, legal negotiations on human rights, and ...