Reconstruction of the Protection of Vulnerable Groups in the Perspective of Karāmah Al-Insān and Maqāṣid Al-Syarī'ah in Islamic Law

Abstract

The protection of vulnerable groups is one of the strategic issues in the development of modern law because it relates to respect for human dignity, the fulfillment of basic rights, and the achievement of social justice. From the perspective of Islamic law, the protection of vulnerable groups is actually rooted in the concept of karāmah al-insān which affirms the glory of every human being and the theory of maqāṣid al-syarī'ah which is oriented towards the benefit and protection of basic rights. However, the developing protection paradigm still tends to be legalistic and textual so that it is not fully able to respond to the dynamics of vulnerability in contemporary society. This study aims to analyze the normative foundation of the protection of vulnerable groups in the perspective of karāmah al-insān and maqāṣid al-syarī'ah, the research uses normative legal research methods with conceptual, philosophical, and legislative approaches. Data was obtained through literature studies on primary, secondary, and tertiary legal materials. The results of the study show that the concept of karāmah al-insān is a philosophical foundation that places every human being as a subject of law who has inherent dignity so that he is entitled to protection without discrimination. Meanwhile, maqāṣid al-syarī'ah provides a normative framework in realizing the protection of basic rights through the principles of protection of religion, soul, intellect, descent and property. This study also found that the paradigm of protection of vulnerable groups is still dominated by legalistic and charitable approaches so that it does not fully accommodate the principles of substantive justice and respect for human dignity.