The formulation of welfare state: the perspective of Maqasid al-Shari'ah

This paper examines empirical facts of market failure and government failure to improve people's welfare; capitalism and neo-liberalism do not provide a space for states to implement policies for social justice. With regard to the failure of the welfare state to bring the citizen to fair welfare, this paper offers the formulation of a welfare state based on Maqasid Al-Shari'ah. This study employs Maqasid Al-Shari'ah developed by Imam Al-Juwaini, Izzu al-Din bin 'Abd al-Salam, Abu Ishaq al-Shatibi and Al-Tahir Ibn 'Ashur as the methodological framework. It formulates welfare state of maqasid Al-Shari'ah, which is built through the fulfillment of the three levels of individual needs (citizens) (al-Daruriyah, al-hajiyyah and al-tahsiniyah; primary, secondary and suplementary rights), public needs (equal distribution; al-hajah al-ammah), protection or assurance (al-ismah), and law enforcement (al-fitrah (order), equality (al-musawah), freedom (al-hurriyah), magnanimity (al-samhah)). The morality-spirituality-religiosity and transcendence principles develop the formulation. The maqasid al-shari'ah should be the "soul" of every policies and rules or laws. The development of the formulation of welfare state based on Maqasid at-Shari'ah will build Islamic man/religious man (citizen), who is prosperous spiritually and materially.