Implementation of Maqashid Shariahs Principles in Establishing a Minimum Wage for Workers Based on Justice Siti Julaika (a), Asri Wijayanti (b)*
a) Post Graduate Program University Muhammadiyah of Surabaya
Jalan Sutorejo 59 Surabaya, Indonesia
b) Faculty of Law University Muhammadiyah of Surabaya
Jalan Sutorejo 59 Surabaya, Indonesia
*asri.wijayanti[at]fh.um-surabaya.ac.id
Abstract
The problem in this study is the injustice in the setting of minimum wages for workers in the community. Employers who have a small capital will be threatened with criminal sanctions if unable to pay workers wages according to the minimum wage. Workers who have competency and long years of service receive less appreciation as they should get according to their competencies. The purpose of this study is to identify the principles of maqashid shariah and its implementation in the process of determining the minimum wage for workers. The research method uses a qualitative juridical approach in the area of East Java Province. The result of the study claimed that the essence of Maqoshid syariah is the purpose or wisdom of the enactment of the law itself which is aimed at realizing human benefit in the world and the hereafter. Maqoshid shariah consists of five aspects; Hifzhu al-Din (keeping and protecting the existence of religion), Hifzhu al-nafs (keeping and protecting the soul or life), Hifzhu al-Aql (keeping and protecting mind), Hifzhu al-Maal (keeping and protecting the soul) property) and Hifzhu al-Nasab (keeping and protecting offspring). The five objectives of maqoshid shariah must be implemented when determining the wages of workers namely fulfilling financial rights for workers, meet a sense of justice, meet the needs of workers for survival, world-oriented hereafter and immediate payment or disbursement.
