Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Vol. 12, No. 2, December 2025, (289-308)
ttps://doi.org/10.32505/qadha.v12i2.11178
https://journal.iainlangsa.ac.id/index.
p-ISSN 2356-1637 | e-ISSN 2581-0103

Maqāṣid al-Sharīʿah in Contemporary Legal Systems: An Analysis of
Digital Rights and Privacy Protection
Arminsyah*
STAIN Mandailing Natal, Indonesia
*email: arminsyaharmin@gmail.com
*Corresponding Author
Submitted: April 14, 2025

Accepted: June 28, 2025

Published: July 13, 2025

How to Cite (Chicago): Arminsyah, Arminsyah. 2025. “Maqasid Al-Shariah in Contemporary Legal Systems:
An Analysis of Digital Rights and Privacy Protection”. Al-Qadha: Jurnal Hukum Islam Dan PerundangUndangan 12 (2), 289-308. https://doi.org/10.32505/qadha.v12i2.11178.

Abstract
Maqāṣid al-Sharīʿah, as the foundational framework of sharia’s objectives, offers universal
principles that remain highly relevant in addressing contemporary legal challenges. This
article examines the application of maqāṣid al-sharīʿah within modern legal systems, with a
particular focus on the protection of digital rights and privacy—an increasingly urgent issue
in the era of digital transformation. Specifically, this study explores how the objectives of
preserving intellect (hifz al-aql) and property (hifz al-mal) intersect with current data
protection and privacy regulations in digital environments. Employing a qualitative
methodology grounded in literature review and legal analysis, the article finds that maqāṣid
al-sharīʿah offers a robust ethical framework capable of safeguarding both individual and
collective interests in a balanced manner while upholding spiritual and moral values. The
study also addresses the challenges of integrating maqāṣid al-sharīʿah with secular legal
systems, especially amid globalization and rapid technological advancement. The findings
suggest that embedding maqāṣid al-sharīʿah into digital privacy regulations could serve as a
strategic approach to building legal systems that are more inclusive, adaptive, and just.
Therefore, the article concludes by emphasizing the need to further elaborate the policy
implications of this framework to enhance its practical relevance and academic contribution.
Ultimately, maqāṣid al-sharīʿah is demonstrated to be both relevant and applicable as an
ethical foundation for confronting legal challenges in the digital age.
Keywords: Contemporary Legal System, Digital Rights, Privacy, Maqāṣid al-Sharīʿah
Abstrak
Maqasid al-Shariah sebagai kerangka dasar dari tujuan-tujuan syariah, menawarkan prinsipprinsip universal yang tetap sangat relevan dalam menghadapi tantangan hukum
kontemporer. Artikel ini mengkaji penerapan maqasid al-shariah dalam sistem hukum
modern, dengan fokus khusus pada perlindungan hak digital dan privasi—isu yang
semakin mendesak di era transformasi digital. Secara khusus, studi ini mengeksplorasi
bagaimana tujuan menjaga akal (ḥifẓ al-‘aql) dan menjaga harta (ḥifẓ al-māl) beririsan dengan
regulasi perlindungan data dan privasi di lingkungan digital saat ini. Dengan menggunakan
metodologi kualitatif yang berbasis pada studi pustaka dan analisis hukum, artikel ini
menemukan bahwa maqasid al-shariah menawarkan kerangka etis yang kokoh, mampu
Creative Commons Attribution-Noncommercial 4.0 International
(CC BY-NC 4.0)

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Maqāṣid al-Sharīʿah in Contemporary Legal Systems…

melindungi kepentingan individu maupun kolektif secara seimbang, sembari tetap
menjunjung nilai-nilai spiritual dan moral. Studi ini juga menyoroti tantangan dalam
mengintegrasikan maqasid al-shariah dengan sistem hukum sekuler, terutama di tengah
arus globalisasi dan kemajuan teknologi yang pesat. Temuan menunjukkan bahwa
memasukkan maqāṣid al-sharīʿah ke dalam regulasi privasi digital dapat menjadi
pendekatan strategis untuk membangun sistem hukum yang lebih inklusif, adaptif, dan adil.
Oleh karena itu, artikel ini menyimpulkan dengan menekankan pentingnya mengelaborasi
implikasi kebijakan dari kerangka ini guna meningkatkan relevansi praktis dan kontribusi
akademiknya. Pada akhirnya, maqasid al-shariah terbukti relevan dan aplikatif sebagai
fondasi etis dalam menghadapi tantangan hukum di era digital.
Kata Kunci: Sistem Hukum Kontemporer, Hak Digital, Privasi, Maqāṣid al-Sharīʿah.
Introduction
The digital era has brought about transformative changes in the way we live, work,
and interact, largely due to the rapid advancement of information and communication
technologies (ICT). 1 These developments have significantly expanded access to information
and created new platforms for communication and expression. However, alongside these
benefits, the digital age has introduced serious challenges—particularly regarding individual
privacy and the protection of digital rights.2 Personal data has become a highly valuable
asset, frequently collected and utilized by large corporations for marketing and strategic
purposes. 3This massive and often unregulated data collection raises critical concerns about
the misuse of personal information, thereby threatening individual security, autonomy, and
dignity.4 Consequently, there is an urgent need for a comprehensive and adaptive legal
framework capable of safeguarding privacy and ensuring ethical use of technology.5
This research is motivated by the pressing issue of integrating ethical and religious
values—specifically maqāṣid al-sharīʿah—into the development of such a legal framework.6
Maqāṣid al-Sharīʿah, as the core of Islamic law, refers to the essential objectives that sharia
aims to achieve, namely the protection and preservation of five fundamental aspects of
1

2

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4

5

6

Alexander Oluka, “The Impact of Digital Platforms on Traditional Market Structures,” Technology
Audit and Production Reserves 2, no. 4(76) (2024): 21–29, https://doi.org/10.15587/27065448.2024.303462.
Ica Karina et al., “Implications of Digital Technology for Criminal Law Enforcement: Challenges
and Opportunities in the Age of Digitalization,” Unes Law Review 6, no. 4 (2024): 10039–47,
https://doi.org/10.31933/unesrev.v6i4.
Yogesh K. Dwivedi et al., “Setting the Future of Digital and Social Media Marketing Research:
Perspectives and Research Propositions,” International Journal of Information Management 59, no.
June 2020 (2021): 102168, https://doi.org/10.1016/j.ijinfomgt.2020.102168.
Miftahul Heldra Sandiza and Sinta Dewi Rosadi, “Towards Personal Data Protection in Structural
Leadership Training: An Analysis of Maqāshid al- Sharī ’ Ah Perspective Introduction
Technological Innovations in Development, Information, and Communication Have Greatly
Facilitated Data’s Rapid and Sim,” Mazahib : Jurnal Pemikiran Hukum Islam 23, no. 2 (2024): 631–68,
https://doi.org/10.21093/mj.v23i2.8986.
Furizal et al., “Concerns of Ethical and Privacy in the Rapid Advancement of Artificial Intelligence:
Directions, Challenges, and Solutions,” Journal of Robotics and Control (JRC) 5, no. 6 (2024): 2015–26,
https://doi.org/10.18196/jrc.v5i6.24090.
Mawloud Mohadi and Yasser M.A Tarshany, “Maqasid Al-Shari’ah and the Ethics of Artificial
Intelligence: Contemporary Challenges,” Journal of Contemporary Maqasid Studies 2, no. 2 (2023): 79–
102, https://doi.org/10.52100/jcms.v2i2.107.

290

human life: religion (al-din), life (al-nafs), intellect (al-‘aql), lineage (al-nasl), and property (almal).7 These principles offer a philosophical and normative foundation for Islamic law,
enabling it to respond dynamically to social, political, and technological changes.8 In the
context of contemporary legal systems—often grounded in secular and universal values such
as human rights, democracy, and social justice—maqāṣid al-sharīʿah holds unique potential
as a bridge between traditional Islamic jurisprudence and modern legal standards.9 It offers a
framework that supports not only religious observance but also broader human welfare and
dignity, including rights related to digital privacy and security.10
However, integrating maqāṣid al-sharīʿah into secular legal frameworks is not
without its challenges. One key difficulty lies in the need to reinterpret classical Islamic legal
texts in light of contemporary realities, without compromising the integrity and essence of
Sharia.11 This process often involves ijtihad, a method of independent legal reasoning that
requires both scholarly depth and contextual understanding. Additionally, differences in
interpretation between traditional Islamic scholars and modern legal experts can result in
conceptual and practical tensions that influence policymaking. Overcoming these challenges
necessitates an interdisciplinary approach that draws from legal theory, Islamic
jurisprudence, sociology, philosophy, and even economics.12 Only through such a holistic
perspective can maqāṣid al-sharīʿah be effectively applied to current issues like digital rights
protection, gender justice, and environmental management.
Several recent studies have explored the ethical implications of emerging
technologies from an Islamic perspective. For instance, Artificial Intelligence (AI) in Islamic
Ethics: Towards Pluralist Ethical Benchmarking for AI and Ethical Implications of Artificial
Intelligence: An Islamic Perspective have offered valuable insights into the role of Islamic ethics
in guiding technological development.13 However, these works tend to focus on general
moral principles rather than the legal dimensions of digital rights. Likewise, Maqāṣid alSharīʿah-Based Ethics in Law and Syariah Programmes in Higher Education: Guarding Emerging
Technology and Maqāṣid al-Sharīʿah in the AI Era: Balancing Innovation and Islamic Ethical
Principles highlight the importance of Islamic ethics in responding to technological change,
7

8

9

10

11

12

13

291

Suud Sarim Karimullah, “Exploration of Maqasid Al-Shariah Concepts in the Development of
Islamic Economic Policies,” Mu’amalah : Jurnal Hukum Ekonomi Syariah 2, no. 2 (2023): 153,
https://doi.org/10.32332/muamalah.v2i2.7747.
A G Alidinar et al., “Project Financing Models for Small Medium Property Enterprises in the
Framework of Maqasid Al-Shari’ah,” in Wealth Management and Investment in Islamic Settings:
Opportunities and Challenges (Springer Nature, 2022), 115–33, https://doi.org/10.1007/978-981-193686-9_8.
Iffatin Nur, Syahrul Adam, and M. Ngizzul Muttaqien, “Maqāṣid Al-Sharī‘at: The Main Reference
and Ethical-Spiritual Foundation for the Dynamization Process of Islamic Law,” Ahkam: Jurnal Ilmu
Syariah 20, no. 2 (2020): 331–60, https://doi.org/10.15408/ajis.v20i2.18333.
Kawthar Abdalla Bayoumi and Arieff Salleh Rosman, “Framing an Islamic Vision of Intellectual
Property: Maqasid - Based Approach,” UMRAN - International Journal of Islamic and Civilizational
Studies 5, no. 3 (2018): 25–40, https://doi.org/10.11113/umran2018.5n3.220.
M. Sulthon, “Integration of Islamic Sharia in National Legal System,” Jurnal Ilmiah Mizani: Wacana
Hukum, Ekonomi Dan Keagamaan 7, no. 2 (2020): 95, https://doi.org/10.29300/mzn.v7i2.3425.
Aprizal Sulthon Rasyidi, “The Significants and Arguments for the Renewal of Maqāṣ Id AlSharī‘Ah,” Ulumuddin : Journal of Islamic Legal Studies 13, no. 1 (2020): 45–67,
https://doi.org/10.22219/ulumuddin.v1i1.12723 Abstrak.
Mohadi and Tarshany, “Maqasid Al-Shari’ah and the Ethics of Artificial Intelligence:
Contemporary Challenges.”
Arminsyah

Maqāṣid al-Sharīʿah in Contemporary Legal Systems…

particularly in educational contexts, but do not address the operationalization of maqāṣid
within secular legal systems.14 Meanwhile, The Role of Maqāṣid al-Sharīʿah as a Fundamental
Ethics in Social Media Use explores ethical behavior in digital platforms but remains centered
on individual conduct rather than systemic legal protections. Therefore, despite the growing
scholarly interest in Islamic ethics and technology, there remains a significant gap in research
concerning how maqāṣid al-sharīʿah can be integrated into legal systems to protect digital
rights and privacy.15
This study seeks to fill that gap by critically analyzing how maqāṣid al-sharīʿah can
contribute to the development of contemporary legal frameworks, especially concerning
digital rights and privacy. In doing so, it positions maqāṣid not only as a moral compass but
as a viable legal framework that can be harmonized with universal legal standards. By
applying a maqāṣid oriented approach, this study aims to show that Islamic legal values are
not only compatible with, but can also enhance, modern legal systems in promoting justice,
human dignity, and ethical governance in the digital age.16 This approach underscores the
potential of Islamic law to serve as both a source of ethical guidance and a practical solution
to complex modern challenges.
Therefore, the relevance of maqāṣid al-sharīʿah in the digital era extends beyond
theoretical discourse—it holds practical implications for policymaking, technological ethics,
and legal reform. The integration of maqāṣid principles into laws governing information
technology can ensure that technological progress is accompanied by ethical integrity and
social justice. This study, through a comprehensive analysis of existing theories and
practices, aims to offer new insights into how Islamic legal values can remain adaptive and
impactful amid the dynamics of globalization, legal pluralism, and the increasingly urgent
demand for digital rights protection. Ultimately, it argues that maqāṣid al-sharīʿah can
provide a strong, justice-oriented foundation for constructing inclusive, ethical, and futureoriented legal systems.
This research employs a qualitative approach aimed at gaining a deep understanding
of the relevance and application of maqāṣid al-sharīʿah principles in addressing
contemporary legal challenges, particularly those related to digital rights and privacy.17 The

14

15

16

17

Mohammed Ghaly, “What Makes Work ‘Good’ in the Age of Artificial Intelligence (AI)? Islamic
Perspectives on AI-Mediated Work Ethics,” Journal of Ethics 28 (2023): 429–53,
https://doi.org/10.1007/s10892-023-09456-3.
Mawloud Mohadi and Yasser Tarshany, “Maqasid Al-Shari’ah and the Ethics of Artificial
Intelligence,” Journal of Contemporary Maqasid Studies 2, no. 2 (2023): 79–102,
https://doi.org/10.52100/jcms.v2i2.107.
M Ashraf Al Haq and Norazlina Abd Wahab, “The Maqasid Al Shariah and the Sustainability
Paradigm: Literature Review and Proposed Mutual Framework for Asnaf Development,” Journal of
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and
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Emerging
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2
(2019):
179–96,
https://doi.org/10.26710/jafee.v5i2.854.
He In Cheong et al., “Secondary Qualitative Research Methodology Using Online Data within the
Context of Social Sciences,” International Journal of Qualitative Methods 22 (2023): 1–19,
https://doi.org/10.1177/16094069231180160.

292

qualitative nature of the study enables a detailed and interpretative examination of concepts,
ideas, and legal texts that underpin both Islamic and modern legal systems.18
The research applies content analysis and document analysis as its primary methods.
These methods are used to systematically review and interpret written materials—both
classical and contemporary—in order to uncover how maqāṣid al-sharīʿah can be adapted to
current digital legal issues. Rather than relying on empirical or quantitative data, this study
focuses on understanding the normative values and conceptual frameworks that shape legal
reasoning and policy-making in both Islamic jurisprudence and contemporary legal theory.
Data collection was conducted comprehensively, involving two main types of
sources. 19 First, primary literature that includes classical and contemporary sources in the
study of maqāṣid al-sharīʿah, including key texts, fatwas, and official documents from
relevant religious institutions. Second, secondary literature that includes scholarly articles,
books, and other publications examining the application of maqāṣid al-sharīʿah in the
context of modern law as well as issues related to digital rights and privacy.20 In the
document analysis stage, we examine various legal documents to see how the values of
maqāṣid al-sharīʿah are interpreted and integrated into existing policies. This includes
contextual understanding of legal and social aspects as well as comparisons between
different legal systems in addressing issues of digital rights and privacy. Next, conduct indepth interviews with experts in the fields of Sharia law and information technology. The
goal is to gain deep insights into how maqāṣid al-sharīʿah can interact with and influence
contemporary digital law, as well as to identify the challenges and practical solutions in its
implementation.
The analysis of the collected data was conducted using thematic content analysis.
Texts were read closely and categorized into key themes that reflect the five fundamental
objectives of maqāṣid al-sharīʿah—namely the protection of religion, life, intellect, lineage,
and property.21 These themes were then correlated with principles of digital rights and data
protection as outlined in contemporary legal discourse. The analysis aimed to identify areas
of convergence and divergence between Islamic legal principles and modern legal standards,
offering insights into how maqāṣid al-sharīʿah can contribute to the development of ethical
and rights-based legal frameworks in the digital era. The results of the data collection and
analysis were then coded and categorized to identify important themes and the most

18

19

20

21

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Isaac Tuffour, “A Critical Overview of Interpretative Phenomenological Analysis: A Contemporary
Qualitative Research Approach,” Journal of Healthcare Communications 02, no. 04 (2017): 1–5,
https://doi.org/10.4172/2472-1654.100093.
Naila Iqbal Khan, “Case Study as a Method of Qualitative Research,” Research Anthology on
Innovative Research Methodologies and Utilization Across Multiple Disciplines, no. November (2022):
452–72, https://doi.org/10.4018/978-1-6684-3881-7.ch023.
Mohammad Shihan and Abdulhamid Mohamed Ali Zaroum, “Applying the Islamic Law from the
Viewpoint of Maqashid Al-Shariah: Analyzing Legal Opinions of Sri Lankan Muslim Scholars,”
Asy-Syari’ah 24, no. 1 (2022): 1–18, https://doi.org/10.15575/as.v23i2.15032.
Loraine Busetto, Wolfgang Wick, and Christoph Gumbinger, “How to Use and Assess Qualitative
Research
Methods,”
Neurological
Research
and
Practice
2,
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1
(2020),
https://doi.org/10.1186/s42466-020-00059-z.
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Maqāṣid al-Sharīʿah in Contemporary Legal Systems…

relevant maqāṣid al-sharīʿah principles related to the issue of digital rights and privacy
protection. 22 Through this process, we interpret the findings and draw relevant conclusions.
Protection of Digital Rights from the Perspective of Maqāṣid al-Sharīʿah
The ever-evolving digital era has made digital rights one of the important issues
significantly affecting human life. Digital rights encompass individual rights in the digital
world, such as data privacy, freedom of expression, access to information, and protection
from technology misuse. In the context of Islam, understanding and protecting these digital
rights can be analyzed through the perspective of maqāṣid al-sharīʿah, which are the noble
objectives of Sharia aimed at safeguarding the welfare of humanity in various aspects of
life.23
The protection of digital rights from the perspective of maqāṣid al-sharīʿah proposes
an interesting and relevant approach to contemporary issues in information technology and
the rights to privacy and data security. maqāṣid al-sharīʿah, which is a concept in Islamic law
aimed at safeguarding essential human interests, encompasses the protection of religion, life,
intellect, lineage, and property. In the digital context, the focus is often on the protection of
intellect and wealth, which in this digital era can be interpreted as the protection of
information and personal data. In an increasingly digitally connected world, data security
and privacy become very important. Islam teaches that every individual has the right to
maintain the confidentiality of their personal information. This is highly relevant to issues of
data breaches, unauthorized data usage, and other privacy concerns that we often see today.
From the perspective of maqāṣid al-sharīʿah, violating someone's privacy or using their
information without consent is considered detrimental to that individual's rights and can
negatively impact trust and social harmony.24
Within the framework of implementing the principles of maqāṣid al-sharīʿah towards
the protection of digital rights, several fatwas and official documents from religious
institutions have shown attention to this issue. For example, Fatwa of the Indonesian Ulema
Council (MUI) Number 24 of 2017 concerning the law and guidelines for transactions
through social media emphasizes the importance of maintaining digital ethics, privacy, and
the prohibition of spreading personal information without permission. This fatwa directly
touches on the protection of hifz al-‘aql and hifz al-‘ird (honor), showing that the MUI has
responded to the urgency of digital ethics through a normative Islamic approach.25
At a practical level, the protection of digital rights within the framework of maqāṣid
al-sharīʿah can be implemented through policies and technologies that ensure personal data
is collected, processed, and stored in a safe and ethical manner. This includes ensuring that
22

23

24

25

Cheong et al., “Secondary Qualitative Research Methodology Using Online Data within the
Context of Social Sciences.”
Hidayat Hidayat, Dhiauddin Tanjung, and Mhd. Yadi Harahap, “The Concept of Structural Legal
Aid in Combating Corruption from the Maqashid Shariah Perspective,” AT-TURAS: Jurnal Studi
Keislaman 11, no. 1 (2024): 25–37, https://doi.org/10.33650/at-turas.v11i1.7616.
Shihan and Zaroum, “Applying the Islamic Law from the Viewpoint of Maqashid Al-Shariah:
Analyzing Legal Opinions of Sri Lankan Muslim Scholars.”
Eneng Nenden Lestianingsih et al., “Maqāṣid Al-Sharīʿah Al-Shatibi in the Digital Era:
Contemporary Perspectives on Halal Lifestyle and Technology in Indonesia,” JURNAL SYARI’AH
& HUKUM 7, no. 1 (2025).

294

only the necessary information is collected, that the data is used according to the approved
purposes, and that it is deleted when no longer needed. In addition, there must be
transparency in the collection and use of data, as well as secure access to that data to prevent
misuse.26
Policies and regulations also play an important role in achieving this goal. Strong
regulations can support the creation and implementation of high security standards in
information and communication technology, as well as in business practices. In many
countries with a majority Muslim population, we are beginning to see the implementation of
stricter regulations regarding data and privacy, many of which are influenced by the
principles of maqāṣid al-sharīʿah, even if not explicitly mentioned.27
From the perspective of institutions and companies, the application of maqāṣid alsharīʿah principles in the protection of digital rights also reflects their commitment to ethics
and social responsibility. This not only enhances consumer trust and public image but also
ensures that their business operations align with the high ethical values demanded by
Islamic law.28
Thus, the maqāṣid al-sharīʿah perspective on the protection of digital rights
underscores the importance of maintaining a balance between the benefits of technology and
the protection of human rights. By maintaining a focus on justice, privacy, and security,
Maqāṣid al-Sharīʿah provides a strong framework to address the challenges faced in the
current digital era, ensuring that technology serves human interests without sacrificing their
fundamental rights.29
The concept of maqāṣid al-sharīʿah in the context of digital rights protection also
requires us to consider the elements of justice and accessibility advocated by Islamic law.
These aspects are particularly relevant in discussions about the digital divide, which refers to
the differences in access to information and communication technology among individuals
and communities. In the perspective of maqāṣid al-sharīʿah, social justice involves the
accessibility and availability of technology for all layers of society, so that no one is excluded
from the benefits of digitalization.30
In addition, maqāṣid al-sharīʿah also emphasizes the importance of education and
awareness about digital rights. From an Islamic perspective, the obligation to preserve the
intellect includes the right to receive accurate information and education on how to use
technology ethically and safely.31 This involves education about cybersecurity risks,
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29

30

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Maqāṣid al-Sharīʿah in Contemporary Legal Systems…

introduction to digital privacy rights, and understanding the consequences of data breaches.
32 Through education, individuals can better prepare themselves to protect personal
information and make informed decisions in their interactions in the digital world.
Community involvement and dialogue among various stakeholders are also vital in
the implementation of maqāṣid al-sharīʿah in digital technology.33 This includes policymaking that involves input from scholars, technology experts, users, and authorities to
ensure that all perspectives and concerns are recognized and addressed. Collaboration like
this can help in drafting laws and policies that not only comply with Islamic law but are also
responsive to technological developments and societal needs.34
On the regulatory and monitoring side, the implementation of ethical and Shariacompliant oversight of data collection and usage practices becomes crucial. This oversight
not only audits compliance with laws and policies but also evaluates the social impact of
technology and business practices related to data. This means examining how companies
respect data privacy and security in accordance with Islamic values and ensuring that they
do not exploit users or cause social harm.35 Facing global challenges such as the spread of
fake news and cybercrime, the maqāṣid al-sharīʿah perspective encourages the creation and
implementation of solutions that are not only technically effective but also ethical and just.
This includes the development of technology that can detect and address fake news, as well
as policies that support justice in digital law enforcement without harming individual
freedoms.36
Thus, through the application of the principles of maqāṣid al-sharīʿah, we can see
how technology and digital rights can be regulated and managed in a way that not only
meets modern security standards but is also consistent with deep ethical values and social
justice. This leads to a digital society that is safer, more inclusive, and fairer, where
technology becomes a tool for human advancement in line with Islamic moral and spiritual
values.37
Protection of Privacy in the Objectives of Sharia
Privacy protection is an important aspect recognized in various legal systems around
the world, including Islamic law. In the context of Islam, the concept of privacy protection is

32

33

34

35

36

37

Frank Cremer et al., “Cyber Risk and Cybersecurity: A Systematic Review of Data Availability,”
Geneva Papers on Risk and Insurance: Issues and Practice 47, no. 3 (2022): 698–736,
https://doi.org/10.1057/s41288-022-00266-6.
Khairunnisa Musari and Sutan Emir Hidayat, The Role of Green Sukuk in Maqasid Al-Shariah and
SDGs: Evidence from Indonesia (Qatar: Palgrave Macmillan, 2023), https://doi.org/10.1007/978-3031-13302-2_9.
Eduardo Sánchez-García et al., “Revolutionizing the Circular Economy through New Technologies:
A New Era of Sustainable Progress,” Environmental Technology and Innovation 33, no. September
2023 (2024), https://doi.org/10.1016/j.eti.2023.103509.
Rubini Rubini, Haura Salil Jinan Murtadlo Hirtsa, and Ratri Nuria, “Theoretical Study: Ethics in
the Use of Technology in Islam,” Islam in World Perspectives 4, no. 2 (2025): 333–50.
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Opportunities in the Age of Digitalization.”
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(2024):
180–97,
https://doi.org/10.37680/scaffolding.v6i3.6309.

296

not only viewed as an individual right but also as an essential part of the principles of Sharia,
known as maqāṣid al-sharīʿah.38 Maqāṣid al-Sharīʿah, or the objectives of Islamic law, is a
concept developed by scholars to explain the reasons behind the provisions of Islamic law
with the primary aim of protecting human interests and maintaining social order.39
One important aspect of maqāṣid al-sharīʿah is the preservation of individual privacy
and honor. In Islamic tradition, individual privacy is highly valued and strictly protected.40
The Qur'an and Hadith, the primary sources of law and moral guidance in Islam, contain
various provisions that underscore the importance of maintaining individual secrets and
privacy.41 For example, the Qur'an emphasizes the importance of not entering someone else's
house without permission, which shows respect for personal space and individual privacy.
In Islamic law practice, there are various laws designed to protect individual privacy,
including prohibitions against eavesdropping, gossip, and disseminating personal
information without consent.42 This is not only to protect individual freedom but also to
maintain social harmony and prevent conflict within society.43 In addition, the concept of
aib, or covering up the shortcomings and mistakes of others, is also highly emphasized in
Islam. This aims to protect the honor and privacy of individuals, and to encourage an
atmosphere of mutual respect and non-judgment in society. This concept reinforces the idea
that every individual has the right not to have their weaknesses and personal life exposed.44
Modern Muslim scholars also emphasize the importance of understanding and
implementing privacy protection in the contemporary context, especially considering the
developments in information and communication technology.45 They argue that the
principles of maqāṣid al-sharīʿah must be interpreted and adapted to remain relevant to the
needs and challenges of the times. This includes addressing issues such as electronic
surveillance, data security, and online privacy rights, which are increasingly becoming
concerns in today's global society.46

38

39

40

41

42

43

44

45

46

297

Erna Tri Rusmala Ratnawati and Rizqi Samera Al Farizi, “Protection of Intellectual Property Rights
in the Perspective of Islamic Law,” Millah: Journal of Religious Studies 22, no. 2 (2023): 377–408,
https://doi.org/10.20885/millah.vol22.iss2.art4.
Nur, Adam, and Muttaqien, “Maqāṣid Al-Sharī‘at: The Main Reference and Ethical-Spiritual
Foundation for the Dynamization Process of Islamic Law.”
Sandiza and Rosadi, “Towards Personal Data Protection in Structural Leadership Training: An
Analysis of Maqāshid al- Sharī ’ Ah Perspective Introduction Technological Innovations in
Development, Information, and Communication Have Greatly Facilitated Data’s Rapid and Sim.”
Ni’mah Khairatun, Ahmad Arifi, and Indal Abror, “Hadith as a Source of Islamic Law: Its Role and
Significance,” Studi Multisipliner : Jurnal Kajian Keislaman 11, no. 2 (2024): 193–204,
https://doi.org/10.24952/multidisipliner.v11i2.13302.
Deny Susanto, “Sharia-Based Legal Formula for Personal Data Protection in the Financial Services
Industry Post-Covid-19 Pandemic,” BULLET: Jurnal Multidisiplin Ilmu 1, no. 4 (2022): 545–52.
Mohammad Jamin, “Social Conflict Resolution Through Empowerment of Local Wisdoms,”
Yustisia Jurnal Hukum 9, no. 1 (2020): 1, https://doi.org/10.20961/yustisia.v9i1.39430.
Andrew M. Song, “Human Dignity: A Fundamental Guiding Value for a Human Rights Approach
to Fisheries?,” Marine Policy 61 (2015): 164–70, https://doi.org/10.1016/j.marpol.2015.08.013.
Giat Karyono, “Privacy, Ethics, and Security on Social Media: An Islamic Overview,” International
Journal of Advanced Trends in Computer Science and Engineering 8, no. 1 (2019): 288–93,
https://doi.org/10.30534/ijatcse/2019/5081.52019.
Chong Wang, Nan Zhang, and Cong Wang, “Managing Privacy in the Digital Economy,”
Fundamental Research 1, no. 5 (2021): 543–51, https://doi.org/10.1016/j.fmre.2021.08.009.
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Maqāṣid al-Sharīʿah in Contemporary Legal Systems…

Thus, in the maqāṣid al-sharīʿah, the protection of privacy is not only seen as a legal
obligation but also as an important component of broader welfare and social justice. This
protection helps maintain a balance between individual freedom and moral and social
integrity, all of which are highly valued in the Islamic worldview.47
Privacy protection in Islam, as an integral part of maqāṣid al-sharīʿah, carries broad
and profound implications in the social and legal life of Muslims. In continuing this
discussion, it is important to understand how these principles are applied in various legal
and cultural contexts in majority Muslim countries, as well as how these principles are
adapted to address contemporary issues related to technology and globalization.48
When reviewing the application of privacy laws in the context of Muslim countries,
we see significant variations. Some countries, such as Saudi Arabia and Iran, enforce privacy
laws very strictly based on traditional interpretations of Sharia, while countries like Turkey
and Indonesia might take a more flexible approach, attempting to integrate Islamic legal
norms with modern legal principles and human rights. This approach reflects an effort to
create a balance between the eternal principles of sharia and the need to adapt to the everchanging legal and social context.In the international realm, privacy protection within
maqāṣid al-sharīʿah also offers a potential framework for intercultural dialogue regarding
privacy standards and data protection. For example, in discussions regarding data protection
regulations such as the General Data Protection Regulation (GDPR) in Europe, Muslim
scholars have begun to explore how Sharia principles can provide guidance or even an
ethical foundation for the interpretation and application of these laws, especially in contexts
related to the Muslim population.49
Furthermore, in the digital era, the challenge of maintaining privacy is becoming
increasingly complex. Digital recording, large-scale data processing, and the use of artificial
intelligence (AI) raise new questions about how to ensure that these practices remain aligned
with the privacy principles outlined in Islam. 50 Therefore, many scholars and practitioners of
Islamic law are currently calling for updates and adjustments in the interpretation of Sharia
law to more effectively address and integrate contemporary privacy issues.51
As a concrete example, the tension between secular legal principles and the objectives
of maqāṣid al-sharīʿah is evident in the legal discourse on digital content censorship. In
many Muslim-majority countries, content deemed to be contrary to moral or religious values
such as pornography, religiously motivated hate speech, or the desecration of symbols of
47

48

49

50

51

Yusuf Daeng et al., “Perlindungan Data Pribadi Dalam Era Digital: Tinjauan Terhadap Kerangka
Hukum Perlindungan Privasi,” Innovative: Journal of Social Science Research 3, no. 6 (2023): 2898–
2905.
Firamia Dyah Pawestri and Jumino Jumino, “Analisis Hubungan Information Privacy Concern
Dan Perilaku Perlindungan Privasi Pengguna Twitter di Indonesia,” Anuva: Jurnal Kajian Budaya,
Perpustakaan, Dan Informasi 5, no. 2 (2021): 221–36, https://doi.org/10.14710/anuva.5.2.221-236.
Widita Kurniasari, “Developing Halal Tourism in a Rural Context: The Role of Islamic Spiritual
Capital,”
Al-Uqud:
Journal
of
Islamic
Economics
7,
no.
2
(2023):
296–310,
https://doi.org/10.26740/aluqud.v7n2.p296-310.
Furizal et al., “Concerns of Ethical and Privacy in the Rapid Advancement of Artificial Intelligence:
Directions, Challenges, and Solutions.”
Dwi Asmoro and Ade Saptomo, “Islamic Law in the Development of Indonesian Law,” Riwayat:
Educational
Journal
of
History
and
Humanities
7,
no.
1
(2024):
138–47,
https://doi.org/10.24815/jr.v7i1.36816.

298

faith—is often restricted or blocked by state authorities based on the principles of hifz al-‘ird
(preservation of honor) and hifz al-din (protection of religion). However, this approach is
often debated in the public sphere, especially when confronted with the principle of freedom
of expression upheld in secular legal systems and international human rights.52
This case shows how complex it is to align the protection of public morality based on
maqāṣid al-sharīʿah with civil liberties in the digital space. This tension is not only legal in
dimension, but also touches on political, ethical, and sociological realms. Therefore, the
renewal of Islamic law in the field of privacy and digital freedom of expression needs to
consider the values of maslahat (public interest) and Maqāṣidiyah (legal objectives) holistically,
so that it can accommodate the demands of the times without losing the substance of Islamic
ethics.
The existence of this effort opens opportunities for Muslims not only to protect
individual rights in accordance with the demands of the times but also to contribute to the
global discussion on technology ethics and regulation. 53 Through this dialogue, Islam can
demonstrate its ability to adapt and respond to the moral and ethical needs of various
aspects of life, including in the fast-paced and technological context of today.54
So, the protection of privacy in the maqāṣid of sharia not only represents a
commitment to traditional values but also a dynamic engagement with future challenges,
ensuring that Islamic law remains relevant and beneficial to its followers worldwide in
various changing social and technological conditions.55
With the advancement of information and communication technology, new
challenges continue to emerge, requiring Muslim scholars and intellectuals to delve deeper
into the sources of Sharia and update their approaches. The focus on privacy in Islam, which
traditionally emphasized social interaction and personal honor, must now be expanded to
address issues such as big data, mass surveillance, and the right to online anonymity. In
addressing these issues, the perspective of maqāṣid al-sharīʿah offers a strong framework.
For example, mass surveillance that may be used for national security must be carefully
weighed against the individual's right to privacy and personal freedom.56 Islam teaches a
balance between collective needs and individual rights, a principle that can guide policies on
surveillance technology.57 These principles can help formulate ethical boundaries for the use

52

53

54
55

56

57

299

Jasser Auda, Maqasid Al-Shariah as Philosophy of Islamic Law: A Systems Approach (International
Institute of Islamic Thought, 2008), https://doi.org/10.2307/j.ctvkc67tg.; Merryta Suciana, “Hate
Speech Joseph Paul Zhang Dalam Kasus Penistaan Agama di Media Sosial Youtube Perspektif
Semiotika Ferdinand De Saussure” (Universitas Islam Negeri Syarif Hidayatullah Jakarta, 2023).
Ghaly, “What Makes Work ‘Good’ in the Age of Artificial Intelligence (AI)? Islamic Perspectives on
AI-Mediated Work Ethics.”
Ghaly.
Haq and Wahab, “The Maqasid Al Shariah and the Sustainability Paradigm: Literature Review and
Proposed Mutual Framework for Asnaf Development.”
Karimullah, “Exploration of Maqasid Al-Shariah Concepts in the Development of Islamic
Economic Policies.”
Mohammad Musyfiqur Rahman, “Islamization: A Sociological Approach,” Indonesian Journal of
Islamization Studies 1, no. 2 (2024): 197–231, https://doi.org/10.21111/injas.v1i2.10793.
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Maqāṣid al-Sharīʿah in Contemporary Legal Systems…

of technology that ensure security does not sacrifice the fundamental ethical values and
humanitarian principles upheld by Sharia.58
Furthermore, in this digital era, the issue of identity theft and misuse of personal data
has become very relevant. Sharia, through its maqāṣid that prioritize the protection of wealth
(maal), honor (ird), and personal identity, offers ethical guidance on how personal data
should be respected and protected.59 This encourages the need for stricter and more
transparent regulations regarding the collection, storage, and processing of data, in line with
Sharia ethics that emphasize justice and transparency.60
At the community level, mosques and Islamic educational institutions can play an
important role in raising awareness about the importance of privacy and how to protect
personal data.61 Workshops and seminars can be held to educate Muslims about the risks of
technology and how to manage their online privacy in accordance with Islamic principles.
This also paves the way for Muslim scholars to collaborate with technology, legal, and ethics
experts from various backgrounds to create sustainable and inclusive solutions.
In addition, the role of international and regional organizations in formulating ethical
privacy policies is also important.62 Muslims must actively engage in international and
regional forums that discuss privacy and data protection to ensure that the policies created
reflect the universal values respected in Islam, while also considering the specific needs of
various social and legal contexts in which Muslims live.
Thus, privacy protection in Islam, as reflected in the maqāṣid al-sharīʿah, is not only
about safeguarding personal information but also about maintaining social trust, integrity,
and societal harmony. Through this holistic and adaptive approach, Islam continues to offer
relevant and practical guidance to face contemporary challenges, while ensuring that
technological and social progress aligns with profound ethical and moral values.
Maqāṣid Al-Sharīʿah and Contemporary Legal Approaches to Digital Rights and Privacy
Exploring the relationship between the principles of maqāṣid al-sharīʿah and
contemporary legal approaches to digital rights and privacy, we enter an intriguing realm
where classical values meet modern challenges.63 Maqāṣid al-Sharīʿah, which means the
58

59

60

61

62

63

Mursyidi Abror, “Implementation of Maqashid Sharia and Islamic Corporate Social Reponbility in
Production Ethics,” Implementasi Manajemen & Kewirausahaan 1, no. 2 (2021): 93–114,
https://doi.org/10.38156/imka.v1i2.74.
Dwi Ardiyanti et al., “Human Security Identification in Maqoshid Sharia Concept as
Implementation in Debt Trap of Digital Finance,” Afkaruna: Indonesian Interdisciplinary Journal of
Islamic Studies 19, no. 1 (2023), https://doi.org/10.18196/afkaruna.v19i1.17136.
Singgih Muheramtohadi and Zuhdan Ady Fataron, “Improving the Performance of Islamic
Banking through Technological Innovation and Human Resource Management,” JBMA: Jurnal
Bisnis Manajemen Dan Akuntansi 11, no. 2 (2024): 1–13.
Suud Sarim Karimullah, “The Role Mosque as Centers for Education and Social Engagement in
Islamic Communities,” Jurnal Bina Ummat Stidnatsir 6, no. 2 (2023): 5–10.
Massimo Marelli, “The Law and Practice of International Organizations’ Interactions with Personal
Data Protection Domestic Regulation: At the Crossroads between the International and Domestic
Legal
Orders,”
Computer
Law
and
Security
Review
50
(2023):
105849,
https://doi.org/10.1016/j.clsr.2023.105849.
Febrian Maulana Putra, Syamsul Hilal, and Hanif Hanif, “Islamic Legal Approach to Privacy and
Cybersecurity in the Digital Age: Implications for the Sharia-Compliant Digital Economy,” Jurnal
Manjamen Dan Akuntansi 2, no. 1 (2024): 200–204, https://doi.org/10.62017/wanarg.

300

objectives or purposes of sharia law, guides the understanding and implementation of
Islamic law by emphasizing the protection and fulfillment of five basic aspects of human life:
religion, life, intellect, lineage, and property. This principle offers a comprehensive
framework for assessing the legality and morality of actions within the Islamic context,
ensuring that every regulation or legal decision supports the welfare of humanity.64
In line with that, contemporary law, especially concerning digital rights and privacy,
aims to protect individuals in the increasingly evolving digital ecosystem. This legal
approach recognizes the importance of maintaining privacy and the security of personal data
as fundamental elements in preserving individual dignity and freedom. In an era where
digital interactions are becoming increasingly common, there is a need to protect individuals
from the exploitation and misuse of personal information. 65 When comparing these two
approaches, it is clear that both value systems share a common end goal: the protection of
fundamental human interests. Maqāṣid al-Sharīʿah protects reason by preventing abuse and
fraud, similar to how contemporary privacy laws strive to protect individuals from the
misuse of personal data that could harm their freedom and security.66
Furthermore, in the context of maqāṣid al-sharīʿah, the protection of property can be
seen as a profound analogy for intellectual property rights and copyrights in the digital
context, where intellectual works are considered possessions that need to be protected from
theft and unauthorized exploitation. On the other hand, contemporary legal approaches to
digital rights also advocate for similar protections through various laws designed to secure
the rights of creators and users in the digital world.67
However, there are differences in the way the two systems are implemented.
Maqāṣid al-Sharīʿah is based on the interpretation of Islamic values that may not always
have a direct parallel with secular law, which is often more pragmatic and oriented towards
specific and detailed regulations. The contemporary legal approach tends to focus more on
practical application and conflict prevention through a clear and universally applicable legal
system, not limited by religious context.
Although there are differences in focus and implementation, both maqāṣid alsharīʿah and contemporary legal systems share core values such as the pursuit of justice, the
protection of human dignity, and the promotion of public welfare. Maqāṣid al-Sharīʿah
emphasizes the preservation of five fundamental objectives—religion (al-din), life (al-nafs),
intellect (al-‘aql), lineage (al-nasl), and property (al-mal)—which, when viewed through a
modern lens, align closely with many universal legal principles such as human rights,
personal freedom, and social responsibility. Both systems, therefore, seek to protect
individuals and promote societal well-being, although they derive their justifications from
64

65

66

67

301

Andri Siregar and Abd Rahman Harahap, “Journal Equity of Law and Consumer Protection
Regarding the Circulation of Non-SNI Certified Electronic Goods from the Perspective of
Maqashid Sharia: A Case Study of an Electronics Store in Medan Denai District,” Journal Equity of
Law and Governance 5, no. 2 (2022): 24–33.
Khofidhotur Rovida, “Digital Human Rights Protection: Legal Transplantation Strategies to Realize
Sustainable Development in indonesia’s Digitalization Era,” Domus Legalis Cogitatio 1, No. 2 (2024):
690–703.
Ardiyanti et al., “Human Security Identification in Maqoshid Sharia Concept as Implementation in
Debt Trap of Digital Finance.”
Bayoumi and Rosman, “Framing an Islamic Vision of Intellectual Property: Maqasid - Based
Approach.”
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Maqāṣid al-Sharīʿah in Contemporary Legal Systems…

different epistemological sources: religious revelation in the case of maqāṣid al-sharīʿah, and
secular philosophy in the case of contemporary law.68
The key difference lies in their normative foundation and legal reasoning. While
maqāṣid al-sharīʿah is rooted in Islamic jurisprudence and moral theology, contemporary
legal systems are often based on secular rationalism, democratic values, and international
human rights conventions. This results in distinct approaches to legal interpretation,
especially on issues such as privacy, freedom of expression, or gender equality. However,
these differences need not be seen as contradictions. Instead, they offer complementary
perspectives that, if thoughtfully integrated, can enrich legal discourse and policy
development.
To move toward a more inclusive and responsive legal framework in the digital age,
it is crucial to systematically organize these similarities and differences. Understanding their
points of convergence—such as the mutual commitment to human welfare and justice—
allows for the development of hybrid legal models that incorporate the ethical depth of
maqāṣid al-sharīʿah with the procedural flexibility of modern legal systems. At the same
time, acknowledging their differences provides an opportunity for dialogue, adaptation, and
mutual learning, ensuring that legal responses to technological advancement remain
contextually grounded and culturally respectful.
In this way, the integration of maqāṣid al-sharīʿah into contemporary legal
frameworks can provide an additional ethical dimension, ensuring that laws are not only
efficient and enforceable but also morally conscious and socially beneficial. By combining the
intrinsic values of both systems, we can work toward creating a more robust, just, and
humane legal order that is well-equipped to address the challenges of the digital era while
respecting the diversity of beliefs and global legal cultures.
The principles of maqāṣid al-sharīʿah can specifically contribute to addressing
privacy and digital rights issues from a more holistic perspective. One important aspect of
maqāṣid al-sharīʿah is the concept of protecting the intellect, which not only includes
protection against fraud or abuse but also protection against misleading or damaging
information. In the digital context, this means that there is intrinsic value in ensuring that the
content consumed through digital media is true, accurate, and not misleading, a principle
that aligns with many contemporary laws regarding copyright and information ethics.69
Maqāṣid al-Sharīʿah also emphasizes the protection of individual honor and privacy,
which is highly relevant in discussions about digital rights. This reinforces the principle that
individuals should have control over their personal data and that personal information
should not be misused or accessed without clear consent. In practice, this could lead to the
addition of an ethical layer in existing privacy and data security regulations, where
businesses and institutions might be required not only to comply with technical regulations
but also to ensure that their practices align with the principles of welfare and justice.70
68

69

70

Abror, “Implementation of Maqashid Sharia and Islamic Corporate Social Reponbility in
Production Ethics.”
Musari and Hidayat, The Role of Green Sukuk in Maqasid Al-Shariah and SDGs: Evidence from
Indonesia.
Ocktavia, Al-Ayubi, and Herman, “The Existence of Maqashid Syariah Principles on Fintech
Islamic Securities Crowdfunding (I-Scf) (Study At Pt. Shafiq Digital Indonesia).”

302

To harmonize technology, legal frameworks, and moral values, it is important to
adopt a normative approach that integrates the principles of maqāṣid al-sharīʿah into
contemporary legal systems. Maqāṣid al-Sharīʿah, which aims to protect essential human
interests such as life, intellect, and property, can offer a strong ethical foundation for
addressing modern challenges like digital privacy and data protection. Laws concerning
digital rights should not only follow international standards, such as the GDPR, but also
reflect the moral values found in Islamic teachings, especially in Muslim-majority societies.
This integration can ensure that legal regulations are both effective and culturally relevant.
At the same time, technology developers and policymakers should work together with
scholars and religious authorities to develop ethical guidelines and legal frameworks that are
informed by both global norms and Islamic values. Educational institutions should also play
a role by incorporating digital ethics rooted in maqāṣid al-sharīʿah into legal and technologyrelated curricula. Public awareness campaigns led by religious leaders and legal experts can
further help society understand the importance of ethical behavior in the digital world.
Through such efforts, maqāṣid al-sharīʿah can serve as a bridge between tradition and
modernity, ensuring that technological advancements uphold justice, human dignity, and
the common good.
Conclusion
The analysis of maqāṣid al-sharīʿah within the framework of contemporary legal
systems highlights its significant potential to contribute to the protection of digital rights and
privacy in the modern era. Rather than functioning as a separate or antiquated legal
paradigm, maqāṣid al-sharīʿah offers a normative and ethical foundation that is highly
adaptable to technological and societal shifts. By focusing on the preservation of religion,
life, intellect, lineage, and property, Islamic legal principles align with core concerns in
today’s digital world—particularly around data protection, online dignity, intellectual
ownership, and access to information. The convergence between maqāṣid al-sharīʿah and
contemporary legal approaches reveals not only shared objectives but also complementary
strengths: where secular law offers technical precision and universal standards, maqāṣid alsharīʿah adds ethical depth and contextual relevance, particularly in Muslim-majority
societies.
However, for this synergy to be impactful in practice, a deeper institutional and
policy-level integration is necessary. The study finds that the successful application of
maqāṣid al-sharīʿah to digital rights issues requires an interdisciplinary and collaborative
approach. It is not enough to recognize the philosophical compatibility between these legal
traditions; there must also be efforts to translate values into regulatory frameworks that are
enforceable, culturally respectful, and technologically informed. The preservation of human
dignity, justice, and welfare—central to both Islamic and secular legal norms—can become
the common ground for crafting policies that are inclusive and ethically robust in managing
digital transformations.
In light of these findings, this study recommends a multi-pronged approach to
enhance both the academic relevance and practical application of maqāṣid al-sharīʿah in the
field of digital rights. First, governments and academic institutions should promote
interdisciplinary dialogue that brings together Islamic legal scholars, technology experts, and

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legal practitioners to collaboratively interpret and apply maqāṣid al-sharīʿah in the context of
current digital challenges. This can help bridge traditional values with modern realities.
Second, national legislation—particularly in Muslim-majority countries—should begin to
integrate maqāṣid al-sharīʿah explicitly into data protection and privacy laws, ensuring that
legal systems not only meet international standards but also resonate with local ethical
frameworks. Third, public education initiatives led by mosques, schools, and digital
platforms should raise awareness about digital ethics from an Islamic perspective,
empowering individuals to understand their rights and responsibilities in cyberspace.
Furthermore, Muslim scholars and policymakers should engage actively in global forums on
digital regulation to contribute Islamic perspectives to international conversations, ensuring
that global norms are shaped by diverse moral traditions. Lastly, further research is
encouraged to explore how principles such as ijtihad can be applied to new areas such as
artificial intelligence, cybercrime, and algorithmic fairness—demonstrating that maqāṣid alsharīʿah is not static, but a living system capable of addressing future legal complexities.
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