Al-Ihkam: Jurnal Hukum dan Pranata Sosial
Vol. 21 No. 1 (2026)

Reconstructing Employment Access for Persons with Disabilities: Maqāṣid asy-syarī’ah-Based Dialectic of Regulation and Policy Implementation

Himawan Estu Bagijo (Regional Reseacrh and Innovation Agency of East Java Province)
FX Sri Sadewo (Universitas Negeri Surabaya)
Budi Raharjo (Universitas Airlangga Surabaya)
Nunuq Nuswardhani (Universitas Trunojoyo Madura)
Abd. Munib (Sekolah Tinggi Ilmu Dakwah dan Komunikasi Al-Hamidy Banyuanyar Pamekasan)



Article Info

Publish Date
30 Jun 2026

Abstract

Although Law Number 8 of 2016 has been enacted as a guarantee of employment rights for persons with disabilities, there are indications of problems in the field. In East Java Province, persons with disabilities still experience limited access to formal employment. In fact, any progressive regulation, if not balanced with practice, will widen inequality. As a consequence, the cycle of poverty will continue among persons with disabilities. This study aims to analyze the dialectic between disability employment regulations and their implementation which is reconstructed with a policy approach from the perspective of uṣūl al-fiqh and maqāṣid asy-syarī’ah. This study combines quantitative and qualitative data, focusing on four districts in East Java Province. The findings in this study are two. First, the implementation of affirmative employment policies is still constrained by weak supervision, corporate resistance, and the dominance of economic considerations. Second, institutional mechanisms, especially the Disability Service Unit (ULD), have not functioned optimally due to limited capacity and a lack of cross-sector integration. Although normatively the policy has been in line with the principles of ḥifẓ an-nafs, ḥifẓ al-māl, and al-'adl, its implementation has not reached the optimal level of maṣlaḥah. This research contributes by integrating institutional analysis and the perspective of maqāṣid asy-syarī’ah to encourage an inclusive and equitable employment system for persons with disabilities.

Copyrights © 2026






Journal Info

Abbrev

alihkam

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice

Description

Al-Ihkam: Jurnal Hukum dan Pranata Sosial Al-Ihkam: Jurnal Hukum dan Pranata Sosial is a high-quality open- access peer-reviewed research journal published by the Faculty of Sharia, Institut Agama Islam Negeri Madura, Pamekasan, East Java, Indonesia. The focus is to provide readers with a better ...