Determining the escalation of economic emergency threats is crucial in maintaining state stability, particularly amidst the dynamic of globalization and the complexity of multidimensional threats. This study examine the concept of the escalation of economic emergency threats based on the maqashid shariah principles as a decision making framework. Employing a normative qualitative approach and a literature review of positive law and maqashid shariah theory, this research finds that maqashid shariah which seeks to protect religion, life, intellect, progeny and property, can serve as the basis for determining threat escalation stages and the need for state intervention needs. Threats to the economic sector that potentially endanger these five principal objectives justify a proportional escalation of emergency status. This study proposes an escalation determination model based on the level of threat to the protection of public interest (maslahah) and prevention of major harm (dar' al-mafaasid). These findings contribute to strengthening the national early warning system grounded in Islamic values to respond to modern economic threat dynamics.
The dynamics of globalization and the complexity of relations between countries have brought significant changes to the characteristics of threats to national security, including in the economic sector. Threats to a country's economic stability are no longer solely domestic but also stem from unpredictable external factors. Various economic threats, such as inflation, high unemployment, dependence on imported goods, uneven infrastructure, and ballooning national debt, require the country to have an early warning mechanism and determine the escalation of economic emergency threats quickly and accurately. Determining the escalation of economic emergency threats is crucial so that the country can anticipate the impact of broader damage to welfare.
The people and the sustainability of the stability of the national economic system in order to maintain national security. In the context of Indonesian positive law, provisions regarding states of emergency are reflected in Articles 12 and 22 of the 1945 Constitution of the Republic of Indonesia, Government Regulation in Lieu of Law Number 23 of 1959 concerning States of Danger, Law Number 24 of 2007 concerning Disaster Management, and Law Number 9 of 2016 concerning the Prevention and Management of Financial System Crises. However, these provisions do not explicitly address the stages of threat escalation, particularly in the economic realm. From a national economic perspective, discussing economic threats and emergencies from a sharia perspective that emphasizes the principles of justice, balance, and sustainability can help provide a framework for formulating economic policies to address various economic challenges.
In an economic emergency, such as a financial crisis or a disaster that disrupts National stability, the principle of emergency (al-darurah) in sharia allows the government to take extraordinary measures that remain within the legal corridor to maintain the public welfare and national stability. Data from Bank Indonesia (BI) shows that the sharia economy in Indonesia continues to grow and contribute to national economic recovery, with real sector financing increasing by 15.8% in 2024. This is relevant evidence that the existence of the sharia economy can be a solution in facing the economic crisis or global recession with adaptive yet ethical fiscal and monetary policies., based on social justice and sustainability, in accordance with sharia principles.
At the same time, the approach based on sharia values, particularly maqashid sharia, offers a comprehensive philosophical and practical framework for assessing and responding to economic threats. Maqashid sharia, with its five main principles namely, the protection of religion (hifdz ad-din), soul (hifdz an-nafs), intellect (hifdz-al'aql), descendants (hifdz an-nasl), and property (hifdz al-maal), providing a normative basis for assessing when and how the state should establish a state of emergency in order to safeguard the public interest (maslahah) and prevent major damage (dar' al-mafaasid).
This study aims to integrate and formulate criteria and a model for determining the escalation of economic emergency threats based on the extent to which economic threats impact the five main aspects of the maqashid sharia. Using a qualitative normative approach through a literature review of positive law, national security theory, and classical and contemporary maqashid sharia literature, this study is expected to contribute to the development of an early warning system based on sharia values which is responsive to the dynamics of modern economic threats. This system is expected to not only be responsive to the dynamics of modern economic threats, but also be based on the principles of justice and sustainability. The proposed escalation determination model will consider the level of threat to the protection of the public interest and the prevention of major harm (dar'ul mafaasid), as well as oversight mechanisms to prevent abuse of power in the determination of a state of emergency.
The urgency of this research is reinforced by contemporary conditions where economic threats, such events as monetary crises, global pandemics, and disruptions to international supply chains have the potential to paralyze vital state sectors. Therefore, a review of the escalation of the threat of economic emergencies is crucial. The perspective of maqashid sharia is relevant to enrich the treasury of Islamic legal knowledge and contribute to efforts to maintain national stability in a holistic and just manner.
This study uses a normative-qualitative approach to examine the legal concepts of economic emergencies and threat escalation in Indonesian legislation and the principles of Islamic law, particularly the maqashid sharia. The normative approach was chosen because this study focuses on analyzing the legal concepts and principles underlying legal regulations related to emergencies and maqashid sharia. Meanwhile, the qualitative approach used to understand In-depth analysis of the meaning and implications of these concepts in the context of escalating the threat of economic emergencies. This study uses a content analysis method to identify and interpret things that relevant to the research objectives.
This type of research is library research, which emphasizes based on a review of positive legal sources and relevant sharia literature. Data collection was conducted by collecting and analyzing various written documents, both primary and secondary, including:
1. Primary Data Sources: a. The 1945 Constitution of the Republic of Indonesia: Article 12 and Article 22 which regulate states of emergency. b. Government Regulation in Lieu of Law Number 23 of 1956 concerning Dangerous Situations: Articles that regulate the types, levels and actions that can be taken in dangerous situations. c. Law Number 9 of 2016 concerning the Prevention and Handling of Financial System Crises: Articles that regulate the prevention and handling of financial system crises. d. Government Regulation in Lieu of Law Number 1 of 2020 concerning State Financial Policy and Financial System Stability for Handling the Covid-19 Pandemic: Which serves as the legal basis for the government to take extraordinary fiscal and monetary policies to deal with threats that endanger the national economy and the stability of the financial system due to the pandemic.
2. Secondary Data Sources: a. Maqashid sharia literature, which discusses maqashid sharia, the principles of Islamic law, and their application in the fields of economics and finance. b. National security literature, which discusses theories of national security, risk management, and early warning systems, as well as case studies on handling economic crises in various countries. c. Scientific journals and previous research results, originating from articles, journals and research reports that are relevant to the research topic. d. Official documents, originating from the government or related institutions, such as reports from Bank Indonesia, the Ministry of Finance, and the National Security Council, which relate to national security and economic emergency policies.
Data analysis was carried out qualitatively using descriptive-analytical methods. This is used to describe the basic concepts and analyze the relationship between the principles of maqashid sharia in the context of escalating economic emergency threats, as well as formulating a model for determining escalation based on protecting benefits and preventing damage (dar'ul mafaasid).
Threats to a country's economic stability are a form of non-military threat that have broad impacts on political, social, and national security aspects. The escalation of an economic emergency threat refers to the increase in the level of threat from its initial phase to a stage that can destabilize the order of state and nation. The escalation of an economic emergency threat refers to the process by which an economic problem, such as inflation, a banking crisis, and a recession, develops into a situation that threatens national economic stability and even potentially endangers national security. The relevance of the concept of escalation to threats is something that can assist the state in taking extraordinary measures (a state of emergency).
The determination of a state of danger can be based on threats that cannot be overcome by normal means, and must be officially announced by the President, with the following adapted principles: 1. It can only be determined if the economic crisis cannot be resolved with ordinary policies because it has threatened national stability, and/or disrupted the financial system, and/or endangered public order. 2. The determination is made by the President and officially announced and notified to the public, and the termination of the emergency status is also carried out officially, to maintain transparency and accountability in the determination and termination of the economic emergency.
In the context of Islamic legal perspective, an emergency (darurah) is a very urgent condition and endanger a person's life, property, mind, religion, or descendants, thus necessitating the violation of certain prohibitions to avoid greater damage. This principle is known as the fiqh principle of ad-darurat tubihul mahdhurat (emergency circumstances permit prohibited things), provided that the violation is only limited to the need to eliminate the danger and does not exceed the necessary level.
Based on the discussion, the determination of economic threat escalation from a maqashid sharia perspective can be based on the level of threat to the five maqashid objectives. The escalation determination model can be divided into three main levels: 1. Level 1 Limited Threat: Threats that only impact specific economic sectors and do not yet threaten national stability. 2. Level 2 Widespread Threat: Threats that are beginning to impact social stability and potentially disrupt the protection of life and mind. 3. Level 3 Systemic Threat: A threat that significantly threatens the existence of the state, religion, and the lives of the people.
This study concludes that defining the escalation of economic emergency threats from the perspective of maqashid sharia offers a more comprehensive approach based on sharia values. Threat escalation is not only viewed in terms of its impact on economic stability but also measured by the extent to which the threat has the potential to disrupt the five main objectives of maqashid sharia: protection of religion, life, intellect, descendants, and property. This study aligns with the research objective, which is to examine the concept of escalating economic emergency threats based on the principles of maqashid sharia as a decision-making framework. The maqasid sharia-based escalation model divides threat levels into three levels, each with a proportional intervention strategy oriented toward protecting the public interest and preventing major damage. At each stage, the principle of limiting emergency measures must be maintained to ensure they do not exceed the necessary limits and remain aligned with sharia values. Thus, this model provides clearer and more measurable guidance for policymakers in responding to economic threats.
The results of this study recommend that the state develop an early warning system or procedures for determining the escalation of economic emergency threats based on the principles of sharia. This system must include relevant indicators.with the five objectives of maqashid, as well as an effective oversight mechanism to prevent abuse of power. Furthermore, oversight mechanisms for emergency measures also need to be strengthened to prevent potential abuse of power and ensure that all emergency policies are truly directed towards maintaining public welfare in a fair and proportional manner. The implication of this research is the need to integrate sharia values, especially in emergency situations, as they provide a comprehensive concept that can be applied to the formulation of economic policy. This research contributes to strengthening the national early warning system strategy based on Sharia values in responding to the dynamics of modern economic threats. Further research can be conducted to test the effectiveness of this model inempirical context, as well as developing more detailed and measurable indicators and monitoring mechanisms.