Harmonization of Local Customs with Maqasid Syariah in the Formation of Islamic Family Law in Malaysia

Abstract

This study examines how local customs (adat) are harmonized with Maqasid Syariah in the formation of Islamic family law in Malaysia. The Malay community as the majority of Muslims in Malaysia has customs that are deeply rooted in the social and family system. At the same time, Islamic family law needs to be based on sharia principles that emphasize maqasid such as the preservation of religion (hifz al-din), life (hifz al-Nafs), intellect (hifz al-Aql), lineage (hifz al-Nasl) and property (hifz al-Mal). This study uses a qualitative approach through document analysis of Islamic Family Law Enactments in several states and comparison with the Maqasid Syariah principles. The results of the study found that the harmonization between customs and syariah is important in ensuring the acceptance of Islamic law by the community, without ignoring the goals of syariah. The implications of this study suggest that the Maqasid principles should be used as the main framework in filtering elements of customs so that they do not conflict with Islamic law and the universal values ​​of Islam.