MODERN SLAVERY: A MAQASIDIAPPROACH TOWARDS EMANCIPATION

On the issue of slavery, contemporary Islamic scholars tend to be abolitionists, assertingthat Islamic law may not have explicitly prohibited enslavement but aspires to gradually emancipate slaves. Meanwhile, the current international law discourse has shifted itsfocus to ‘modern slavery’. Numerous studies have appeared to veryeasily presume thatmodern slavery fallswithin the Islamic notion of slavery, then, based on that, claiming that the Islamic laws concerning slavery could assist in theemancipation of victims of modern slavery. However, thispresumption is often not based on a deep critical examinationcomparing the different concepts. Therefore, our research first analyzes the presumption that modern slavery falls under the Islamic notion of slavery and concludes that itis incorrect: modern slavery and the Islamic notion of slavery are actually two legal conceptsin both legal constructand consequences. The second part ofour research finds that, while Islamic laws on slavery do not directly apply to modern slavery, the former may inspire a solution for the latter. For that purpose, we apply a doctrinal legal research methodto utilizeuṣūl al-fiqh with a maqāṣidīapproach to critically examine the details of fiqh rulings on slavery (including the acquisition of slaves, the rights of masters over slaves, legal rights of slaves, mukātabahcontracts, and zakat).We find that Islamic laws on slavery can–with necessary adjustments—provide some insights to help construct an Islamic framework for theemancipation of victims of modern slavery.The insights revealed in this research can assist Muslim or even non-Muslim governments, NGOs, and the ‘ulama in making policies to help combatting modern slaveryby further protecting, liberating, and safeguarding its victims