Human Dignity and the Protection of Vulnerable Groups from an Islamic Legal Perspective: A Normative Study and Critical Analysis

Abstract

Trafficking Human dignity (karāmah insāniyyah) is a fundamental concept in Islamic law that regards human beings as noble creatures from the moment of their creation, irrespective of race, gender, social status, or belief. This article aims to normatively examine the concept of human dignity in Islamic law and critically analyze the protection mechanisms afforded to vulnerable groups including women, children, persons with disabilities, the destitute (duʻafā’), the oppressed (mustaḍ‘afīn), the elderly, and non-Muslim minorities. The study employs a normative legal research methodology utilizing conceptual and maqāṣid al-syarī‘ah approaches, supported by a literature review of the Qur’an, Hadith, classical fiqh texts, and contemporary academic literature. The findings indicate that Islamic law possesses a robust theologicalnormative foundation for protecting human dignity through the principle of al-kulliyyāt al-khams (the five core principles of maqāṣid al-syarī‘ah): the protection of religion, life, intellect, lineage, and property. However, the article also identifies a significant gap between these normative ideals and the reality of their implementation, a disparity influenced by factors such as patriarchal interpretations, weak law enforcement, and tensions between classical fiqh doctrine and the principles of equality found in modern human rights discourse. The article recommends a re-actualization of maqāṣid alsyarī‘ah thought making it more progressive and responsive to contemporary contexts to strengthen the protection of vulnerable groups.