Human Trafficking in Malaysia: Legal Analysis from the Perspective of Maqasid Al- Shariah
List of Authors
Muhammad Helmi Md Said, Norsuzana Abdul Majid, Rohaida Nordin
Keyword
Human Trafficking, Legal Framework in Malaysia, Maqasid al-Shariah
Abstract
Human trafficking, encompassing sexual exploitation and forced work, has emerged as a significant concern in Malaysia, characterised by intricate cross-border aspects. This organised crime, frequently considered a manifestation of contemporary slavery, is executed by violence, deceit, and coercion to subjugate victims. This study utilises doctrinal methodology and a literature review, encompassing an analysis of legal frameworks and judicial case studies, to assess human trafficking through the lens of Maqasid al-Shariah. The study's findings imply a violation of Maqasid al-Shariah. Human trafficking unequivocally violates the tenets of Maqasid al-Shariah, which encompass the safeguarding of life (hifz al-nafs), intellect (hifz al-aql), lineage (hifz al-nasl), property (hifz al-mal), and religion (hifz al-din). Such practices undermine human dignity and hinder both social and economic well-being, directly contravening the core values upheld by Shariah. Secondly, there are notable shortcomings in the enforcement of existing legislation. Although Malaysia has implemented legal frameworks to address human trafficking, the practical application and enforcement of these laws remain insufficient. This inadequacy poses significant challenges to the fulfilment of Maqasid al-Shariah, particularly in upholding human rights and ensuring justice. Thirdly, enforcement strategies often lack effectiveness. Traffickers employ sophisticated methods of deception and coercion, making detection and intervention more complex. The findings suggest an urgent need for more robust strategies in prevention, identification, and victim recovery to ensure the comprehensive implementation of Shariah objectives.