The Concept of “Humanity” in the Perspective of Maq āṣ id Al-Shar ī ’ah

s The application of sharia in Islam is a matter that must be done, in the form of worship, mua’amalah and law. However, in legal practice, often the application of the Shari’ah encounters many obstacles in the form of protests or rejections from many parties. This is triggered by the conception of Human Rights (HAM) which has been raised by the West in the 19th century. Thus, it is widely stated that shari’ah in Islam, especially in the application of law (hudūd) is widely seen as treatment that is not in accordance with human rights. However, it turns out that the conception of human rights and humanity implied in it still has various epistemological and theological problems. Human rights that have been discoursed by the West are completely loaded with the paradigm of Humanism-Secular which is very contradictory in Islam. For this reason, Muslims design a separate conception of human rights that is in accordance with the Islamic worldview. So, in this article, the author will discuss the suitability of the purpose of implementing sharia or maqāṣid al-sharī’ah with humanity based on an Islamic view. The writing of this article uses qualitative research methods with a library research model. The writing of this article uses qualitative research methods with a library research model.


Introduction
The issue of humanity has been an ongoing discourse throughout the course of human civilization.Since the end of World War II with the dropping of atomic bombs on the cities of Hiroshima and Nagasaki on August 6 and 9, 1945, in Japan, humanity began to build a peaceful human civilization.This was marked by the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly on December 10, 1948 (Omonijo et al., 2018).
Based on their respective fields of expertise, scholars have provided formulations and definitions of humanity.There are five well-known definitions, namely homo sapiens, homo faber, homo economicus, homo religious, and homo loquens.In addition, humans are also referred to as animal rationale, animal symbolicum, and animal educandum (Khasinah, 2013).Of all these definitions of humanity that are still adhered to today, they all primarily describe humans from biological and social perspectives (CAN, 2023).
Marxist Materialism philosophy became a worldview for Western scholars, including the founders of academic disciplines such as anthropology and sociology.Four pioneers of modern anthropology, namely Franz Boas, Bronislaw Malinowski, A.R. Radcliffe-Brown, and Marcel Mauss, were proponents of Marxist Materialism philosophy as well as Evolutionism.The discipline of anthropology emerged from the womb of European bourgeoisie.It was developed as a scientific justification for racism during the optimism of the Enlightenment and as a crucial ideology in imperialism.African, Asian, and American nations were biologically considered inferior, thus deemed suitable for enslavement and colonization (Mulyanto, 2016).

The Concept of Humanity in Islam
The concept of humanity in Islam can be classified into two aspects: creation and potential.In terms of creation, the Quran refers to humans in three categories: 1) al-insān, al-ins, al-nās, and insiy; 2) al-basyar; and 3) banī ādam.Quraish Shihab explains that the term "insān" in the Quran signifies being gentle, harmonious, and visible.The word is also contrasted with "jin," which means subtle and invisible, while "insān" is seen as tangible and approachable.Furthermore, the term "insān" comprehensively refers to humans who possess physical, mental, and intellectual attributes that distinguish them from other creatures.Additionally, the word "bashar" signifies skin and is used to imply the step-bystep process of human creation (Shihab, 2006).
Regarding the creation of humans, the Quran provides detailed explanations of the process.In broad terms, there are four main aspects of human creation mentioned: the creation of Adam, the creation of Hawa (Eve), the creation of Isa (Jesus), and the creation of humans in general.The creation of Adam, as the first human, is described as being formed from the essence of the earth.Subsequently, the creation of Hawa, according to the majority of scholars, occurred at the request of Adam, and she was created from his rib.Then, the creation of Isa is described as a process involving pregnancy but without a father.Lastly, the general process of human creation begins with fertilization, leading to the formation of a clot of blood, from which bones are then fashioned and covered with flesh (Kurniawati & Bakhtiar, 2018).Human beings are not just physical creatures.Suhrawardi stated that humans are two-dimensional beings; on one hand, they are made from clay (thīn), which makes them physical creatures, and on the other hand, humans are also spiritual beings because God breathes the soul into them.However, between the two dimensions, Al-Ghazali asserts that the spiritual dimension, or what he refers to as al-nafs, is the essence of a human being, as it is this substance that makes them unique and distinct from others (Kirabaev & Chistyakova, 2023).

Al-Ahkam
Furthermore, in terms of the purpose of human creation and their potential, the Quran refers to humans with three words.First, humans are described as servants of Allah (`Abd-Allāh).Second, humans are seen as social beings (al-nās).Third, humans are considered as representatives of Allah (khalīfatullah).
As mentioned in the Quran, Allah created human beings not in jest or without purpose but with a set of responsibilities to fulfill.Human beings, as servants of Allah, have the duty to worship and adore Allah (Izomiddin, 2018).It is stated in the Quran that Allah created both humans and jinn solely for the purpose of worship.Sheikh Wahbah Az-Zuhaili emphasizes that the command for humans to worship is for their own benefit, not for Allah.He also states that the creation of humans for worship is so that Allah may be recognized as the Lord, citing the hadith "kuntu kanzan makhfiyyan..." (Az-Zuhaili, 1991).
The dimension of worship in Islam encompasses not only acts like prayer, fasting, remembrance, or individual worship but also includes many social dimensions.Therefore, another task of humans is to function as social beings who require interaction with others, engage in trade, seek companionship, provide assistance, and more.This is a command from Allah to harness and develop all the potential that Allah has bestowed upon humanity.
The most noble task of humanity is to serve as the Khalifah or representative of Allah on Earth, as Allah had conveyed to the angels before the creation of Adam, the first human.The term "khalifah" in the Quran has two meanings: one as a successor and the other as leadership or governance.The role of humans as Khalifah is not an easy one, as it comes with responsibilities and potentials bestowed by Allah, which will be held accountable for.Therefore, this role is both a divine trust and a test for humanity.
There are three important functions of the role that humans can perform as Khalifah of Allah, even though they will never be as perfect as Allah in these aspects.First, as the Creator, representing Allah as al-Khāliq.Second, as the Sustainer of all things, representing Allah as Rabb al-'ālamīn, which includes the care of the environment, natural order, laws, and life.Third, as the one who exercises authority over all things, representing Allah as al-Mālik.Therefore, as Khalifatullah, humans must always rely on the All-Knowing Being and seek guidance to ensure their actions align with what Allah desires (Aqib, 2008).

Human Rights in Islam
Human beings, as both servants of Allah and representatives of Allah on Earth, have been endowed with various inherent human potentials.Each individual possesses their own rights as a human being.Human rights, in essence, constitute a set of rights that are intrinsic to the nature and existence of human beings as creatures of the One Almighty God, bestowed as a divine gift (Pashayeva, 2022).These rights are obligatory to be respected, upheld, and protected by the state, the law, the government, and every individual, all in the interest of upholding the honor and safeguarding the dignity of humanity (Hashemi & Qureshi, 2022).
Throughout history, Islam has produced three significant documents related to human rights: the Charter of Medina, the Universal Islamic Declaration of Human Rights (UIDHR), and the Cairo Declaration of Human Rights in Islam (CDHRI) (Strzelecka, 2020).
The first document is the Charter of Medina or the Madinah Declaration, created by Prophet Muhammad for the community of Medina.The Charter of Medina stands as an exceptionally comprehensive document on human rights and serves as the most perfect prototype (Martinus Sardi, 2014).The second document is the Universal Islamic Declaration of Human Rights (UIDHR), established in 1981 at UNESCO and attended by several Islamic countries.This document was created as a counterpart to the Universal Declaration of Human Rights (UDHR) by the United Nations in Paris.However, the UIDHR did not gain much traction among Muslims because its content primarily legitimizes the UDHR based on the Quran and Sunnah.Despite limited popularity, this document did shift the perspective of human rights from secular to Islamic.The third document is the Cairo Declaration of Human Rights in Islam (CDHRI), which has been widely accepted by many Muslims because it is highly practical and applicable to both Western and Islamic societies (Delling, 2004).
In this Cairo Declaration, there are 25 articles, all of which are based on Islamic Shariah, as stated in Article 25: "The Islamic Shari'ah is the only source of reference for the explanation or clarification of any of the articles of this Declaration."The Cairo Declaration possesses five inherent characteristics: 1. Sourced in the Quran and Sunnah.2. Enforcement of human rights should not contradict Islamic law.3. Balance between rights and responsibilities.4. Emphasis on the social interest of the community.5. Recognition that humans are entrusted with rights by God, and it is their duty to safeguard them (Hafniati, 2018).
Sayyid Abul A'la Al-Maududi wrote in a series of lectures that there are five human rights granted by Allah and obligatory for all human beings to uphold.These five rights are the right to life and the respect for human life, the right to safety of life, the respect Al-Ahkam Jurnal Ilmu Syari'ah dan Hukum ~ Vol. 8, Nomor 1, 2023 for the sanctity of women, the right to live with a certain standard of living, and the right to freedom (Al-Maududi, 1980).However, in essence, these formulated human rights are interpretations and elaborations of several Quranic verses and Hadith texts.
In each clause of the human rights documents formulated by Islam and the United Nations, both share a commonality.This commonality lies in their support for the respect of human rights without discrimination based on race, religion, gender, or other attributes.However, there is a fundamental difference between them, which is the worldview or philosophical framework used in creating these documents.The Western perspective is based on a humanistic-secular (anthro-centric) worldview, while Islam utilizes an Islamic worldview centered around the concept of Tawhid (Theo-centric).

The Principle of Humanity in Maqāṣid Al-Sharī'ah
Maqāṣid al-sharī'ah is one of the disciplines within Islamic jurisprudence (Mulia, 2020).Linguistically, "maqāṣid" is derived from the Arabic language and is the plural form of "maqṣud," which comes from the word "qaṣada," meaning to rely on, face, and steadfastly adhere to one path (Nashoha et al., 2020).It also conveys the notion of proportionality and avoidance of excess (Al-Khādimī, 2001).As for the term "al-Sharī'ah" itself, it signifies the source or origin of a flowing spring (Al-Anshārī, 1992).
In a definitive sense, early scholars did not provide a detailed explanation of the definition of maqāṣid al-sharī'ah because their focus was on establishing and laying the foundations of this discipline (Abidin, 2019).However, as the field developed and its practical application became more necessary, scholars began to pay serious attention to it after a period of stagnation following the death of Imam Syatibi (Abidin, 2019).Muhammad Thohir Ibn Asyur was the first scholar to reintroduce and popularize this field after Imam Syatibi (Sulistiani, 2019).Afghanistan He began to define maqāṣid al-sharī'ah as the structure of legal principles based on Sharia in various applications of Islamic law.Additionally, contemporary scholars like Muhammad Alal al-Fasi also provided definitions of maqāṣid, focusing on the goals of its application and the secrets within the laws established by Sharia.Sheikh Ahmad Raisuni, on the other hand, defined maqāṣid al-sharī'ah as the objectives set by Sharia for the benefit of the community (Al-Khādimī, 2001).
The main study of maqāṣid has continuously evolved since its conceptualization in the field of usul al-fiqh by Imam Shafi'i (Awad, 2022).Subsequently, it developed in the hands of Imam Haramain Al-Juwayni, who categorized it into three main topics: al-dharūrīāt (necessities), al-hājiyāt (needs), and al-tahsīnīyāt (improvements) (Anshor & Muttaqin, 2020).Later, Imam al-Ghazali expanded the discussion of al-dharūrīāt by introducing five essential elements, which he referred to as al-ushūl al-khomsah: hifdz al-dīn (protection of religion), hifdz al-nafs (protection of life), hifdz al-nasl (protection of lineage), hifdz al-māl (protection of wealth), and hifdz al-'aql (protection of intellect) (Tabrani, 2018).This field continued to develop with Imam Fakhruddin Ar-Razi, who added discussions on qath'i (certain) and dzanny (presumed) in determining evidence (Jazil, 2020).He also expanded the study of maslahah (public interest) to encompass worldly and hereafter interests.Later on, these principles were formulated and systematized by 'Izzudin Abdul Salam and Imam Syihabuddin Al-Qurafi.Eventually, during the time of Imam Syathibi, it was perfected into a distinct discipline that was no longer subordinate to usul al-fiqh, with a diverse range of studies (Abidin, 2019).

Al-Ahkam
As defined by many contemporary scholars like Sheikh Ahmad Ar-Raisuni, maqāṣid al-sharī'ah represents the goals behind the establishment of Islamic law, primarily aimed at the welfare of the community.Therefore, the application of Sharia in its entirety has a humanitarian dimension (Reskiani et al., 2022).When viewed through the lens of maqāṣid, which includes al-ushūl al-khomsah, it is undeniable that all the objectives of implementing Sharia are ultimately for the benefit and welfare of humanity itself (Al-Ghazāli, 1993).Jasser Auda states that maqāṣid al-sharī'ah is now being developed in line with discussions on human rights and humanity (Ni'ami & Bustamin, 2021).He mentions that the theory of hifdz al-nasl has been expanded to encompass family rights by Ibn Ashur.Furthermore, the theory of hifdz al-'aql is now being extended to prevent issues related to wild thinking, deviant understanding, and even mental health (Auda, 2008).This demonstrates that Islamic Sharia can be applied in any place and time as long as it takes into consideration the objectives behind its application.

Conclusion
Humanity and human rights discourse originated from Western civilization.However, Islam also has its own concept of humanity based on the objectives behind the implementation of Sharia, known as maqāṣid al-sharī'ah.With the application of Sharia based on these maqasid, Sharia can still be applied in various places and times, in line with ever-changing contemporary discourse.