al-Afkar, Journal For Islamic Studies
Vol. 9 No. 3 (2026)

Race, Faith, and Legal Personhood: A Maqasid Al-Shari‘ah-Based Critique of Discrimination in Muslim Societies

Arip Purkon (Faculty of Shariah and Law, Universitas Islam Negeri Syarif Hidayatullah Jakarta)



Article Info

Publish Date
06 Aug 2026

Abstract

This article examines systemic racial and religious discrimination in Muslim societies through the lens of maqasid al-shari‘ah with a particular focus on the concept of legal personhood. Despite Islam’s normative emphasis on equality and justice, marginalized groups such as converts, non-Muslims, and ethnic minorities continue to face exclusion in both social and legal frameworks. Using a qualitative-critical approach, this study demonstrates how such practices contradict the higher objectives of Islamic law, particularly the preservation of life (hifz al-nafs), religion (hifz al-din), and human dignity (hifz al-karamah). The article argues that reformulating legal personhood through a maqasid-oriented perspective is necessary to dismantle discriminatory structures and to ensure substantive justice. By positioning maqasid al-shari‘ah as both a moral and legal framework, this study highlights its emancipatory potential for promoting inclusivity, equality, and human rights in multicultural and multireligious contexts.

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Journal Info

Abbrev

Afkar_Journal

Publisher

Subject

Social Sciences

Description

al-Afkar, Journal for Islamic Studies is published by Association of Secondment Lecturers (Asosiasi Dosen DPK) UIN Sunan Gunung Djati Bandung Indonesia. Focus of al-Afkar, Journal for Islamic Studies is on publishing original empirical research articles and theoretical reviews of Islamic Studies, ...