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Understanding Immigration Law within the Islamic Legal Framework and MaqÄ á¹£id Al-Sharī‘Ah

Author

Listed:
  • Aly Umraan Aly Khalifa

    (Libyan Ministry of Defence, Sabha City Office, Libya)

  • Jasni Sulong

    (School of Humanities, University Sains Malaysia Penang, Malaysia)

Abstract

Immigration law is a fundamental component in protecting the sovereignty, stability, and security of a nation. It serves as a legal framework to regulate the entry and exit of individuals, ensuring such movements comply with national laws and do not pose risks to public safety or social harmony. Without effective regulation, uncontrolled immigration can lead to serious challenges, including threats to political order, economic imbalances, and demographic instability. From the Islamic legal perspective, immigration control aligns with the objectives of shariah particularly in safeguarding religion (al-dÄ«n), life (al-nafs), wealth (al-mÄ l), intellect (al-‘aql), and lineage (al-nasl). This study examines the role of immigration law under Shariah and explores how its governance can be guided by the principles of Islamic governance (siyÄ sah shar‘iyyah) aimed at achieving communal welfare and justice. The research employs a qualitative doctrinal approach, supported by extensive literature review and classical Islamic legal texts. Methodologically, it incorporates inductive, deductive, and comparative analysis to interpret both classical and contemporary sources. The findings reveal that immigration governance, when aligned with Islamic legal principles, functions as a crucial instrument in achieving national integrity and upholding public interests. Furthermore, the study emphasizes the need for administrative flexibility in enforcing immigration policies to ensure that legal compliance does not compromise humanitarian obligations. Ultimately, the integration of Shariah-based governance into immigration law highlights the importance of structured, ethical, and accountable legal mechanisms for protecting state borders and ensuring fair and just treatment for all individuals within the jurisdiction.

Suggested Citation

  • Aly Umraan Aly Khalifa & Jasni Sulong, 2025. "Understanding Immigration Law within the Islamic Legal Framework and MaqÄ á¹£id Al-Sharī‘Ah," International Journal of Research and Innovation in Social Science, International Journal of Research and Innovation in Social Science (IJRISS), vol. 9(8), pages 5952-5963, August.
  • Handle: RePEc:bcp:journl:v:9:y:2025:issue-8:p:5952-5963
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