Analysis of the Maqashid Syariah Approach to the Death Penalty for Drug Offenders

This study examines the application of the death penalty for drug offenders from the perspective of Maqashid Syariah, the higher objectives of Islamic law that emphasize the preservation of life, intellect, religion, lineage, and wealth. The research aims to analyze whether the use of capital punishment in drug-related cases aligns with the ethical and jurisprudential principles of Shariah. Utilizing a qualitative methodology through doctrinal analysis of Islamic texts and contemporary legal practices, the study identifies a tension between strict punitive measures and the maqashid’s emphasis on justice, mercy, and social welfare. The findings suggest that alternative penalties such as rehabilitation and life imprisonment are more consistent with Maqashid principles, offering a balanced approach that upholds human dignity and promotes societal harmony. This research contributes to the ongoing discourse on Islamic criminal justice reform, advocating for policies that reflect both religious values and contemporary human rights concerns.

Authors

Institutions

Publication Details

Journal
Syariat
Published
2024-09-30
DOI
https://doi.org/10.35335/gr62by71
Primary Topic
Legal and Social Justice Studies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Analysis of the Maqashid Syariah Approach to the Death Penalty for Drug Offenders

Adillah Najib Saqib
Syariat
Legal and Social Justice Studies
article

Analysis of the Maqashid Syariah Approach to the Death Penalty for Drug Offenders

Adillah Najib Saqib
article en

Abstract

This study examines the application of the death penalty for drug offenders from the perspective of Maqashid Syariah, the higher objectives of Islamic law that emphasize the preservation of life, intellect, religion, lineage, and wealth. The research aims to analyze whether the use of capital punishment in drug-related cases aligns with the ethical and jurisprudential principles of Shariah. Utilizing a qualitative methodology through doctrinal analysis of Islamic texts and contemporary legal practices, the study identifies a tension between strict punitive measures and the maqashid’s emphasis on justice, mercy, and social welfare. The findings suggest that alternative penalties such as rehabilitation and life imprisonment are more consistent with Maqashid principles, offering a balanced approach that upholds human dignity and promotes societal harmony. This research contributes to the ongoing discourse on Islamic criminal justice reform, advocating for policies that reflect both religious values and contemporary human rights concerns.

SyariatVol. 1(3)
Institut Agama Islam Negeri Bengkulu (ID)
Openalex Percentile: Top 44%
Legal and Social Justice Studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.