The formulation of welfare state : the perspective of Maqāṣid al

This paper examines empirical facts of market failure and government failure to improve people’s welfare; capitalism and neo-liberalism do not provide a space for states to implement policies for social justice. With regard to the failure of the welfare state to bring the citizen to fair welfare, this paper offers the formulation of a welfare state based on Maqa>s}id Al-Shari>‘ah. This study employs Maqa>s}id Al-Shari>‘ah developed by Imam Al-Juwaini, Izzu al-Din bin ‘Abd al-Salam, Abu Ishaq al-Shatibi and Al-Tahir Ibn ‘Ashur as the methodological framework. It formulates welfare state of maqa>s}id al-shari>‘ah, which is built through the fulfillment of the three levels of individual needs (citizens) (al-D}aru>ri>yah, alha> ji>yyah and al-tahsi>ni>yah; primary, secondary and suplementary rights), public needs (equal distribution; al-ha>jah al-‘ammah), protection or assurance (alismah), and law enforcement (al-fit}rah (order), equality (al-musa>wah), freedom (al-h}urri>yah), magnanimity (al-samh}ah)). The morality-spirituality-religiosity and transcendence principles develop the formulation. The maqa>s}id al-shari>‘ah should be the “soul” of every policies and rules or laws. The development of the formulation of welfare state based on Maqa>s}id al-Shari>‘ah will build Islamic man/religious man (citizen), who is prosperous spiritually and materially. Artikel ini mengkaji kenyataan empiris mengenai kegagalan pasar (market failure) dan kegagalan negara (government failure) dalam meningkatkan kesejahteraan rakyat, kapitalisme dan neo-liberalisme tidak memberikan tempat bagi negara untuk melakukan kebijakan demi keadilan sosial. Berdasarkan kegagalan negara kesejahteraan menghantarkan warga negara menuju kesejahteraan yang berkeadilan maka tulisan ini menawarkan formulasi negara kesejahteraaan berdasarkan Maqa>s}id al- Shari>‘ah. Kajian ini mempergunakan Maqa>s}id al-Shari>‘ah sebagai kerangka metodologis yang dikembang oleh Imam Al-Juwaini, Izzu al-Din bin ‘Abd al-Salam, Abu Ishaq al-Shatibi dan Al-Tahir Ibn ‘Ashur. Kajian ini memformulasikan negara kesejahteraan berdasarkan maqa>s}id al-shari>‘ah yang dibangun melalui pemenuhan kebutuhan individu (warga negara) berdasarkan tingkatannya; al-D{aru>ri>yah, al-h}a>ji>yyah dan al-tah}si>ni>yah (hak primer, sekunder dan suplementer), kebutuhan publik, (al-h}u>jah al-‘as} mmah) terealisasi pendistribusian yang merata, adanya proteksi atau jaminan (al-is}mah) dan tegaknya hukum melalui, al-fi>rah (ketertiban), equality (al-musa>wah) kesetaraan, freedom (al-h}uri>yah) kebebesan, magnanimity (alsamh} ah) toleransi. Formulasi tersebut dibangun dengan landasan moral-spritual - religius dan transendental. Menjadikannya “roh” pada setiap kebutuhan dalam membuat kebijakan, peraturan-peraturan atau perundang- undangan. Dengan terwujdnya formulasi negara kesejahteraaan berdasarkan Maqa>s}id al-Shari>‘ah akan melahirkan islamic man/manusia religius/karakter (warga negara) yang beriman atau pribadi yang memiliki karakter, sejahtera secara batin (spritual) dan lahir (material).

Al-Shari> 'ah developed by Imam Al-Juwaini, Izzu al-Din bin 'Abd al-Salam, Abu Ishaq al-Shatibi and Al-Tahir Ibn 'Ashur as the methodological framework.It formulates welfare state of maqa> s} id al-shari> 'ah, which is built through the fulfillment of the three levels of individual needs (citizens) (al-D} aru> ri> yah, al-ha> ji> yyah and al-tahsi> ni> yah; primary, secondary and suplementary rights), public needs (equal distribution; al-ha> jah al-'ammah), protection or assurance (alismah), and law enforcement (al-fit} rah (order), equality (al-musa> wah), freedom (al-h} urri> yah), magnanimity (al-samh} ah)).The morality-spirituality-religiosity and transcendence principles develop the formulation.The maqa> s} id al-shari> 'ah should be the "soul" of every policies and rules or laws.The development of the formulation of welfare state based on Maqa> s} id al-Shari> 'ah will build Islamic man/religious man (citizen), who is prosperous spiritually and materially.

Introduction
The idea of welfare state has become discursive practice since the mid-20th century (1970s).Contemporary studies of the modern welfare state have attracted historians, political scientists, and other social scientists. 1 The welfare state is regarded as the most appropriate answer to the form of state involvement in the promotion of people's welfare.The emergence of empirical facts about market failures and government failures to improve people's welfare boost this belief. 2ishra argues that the globalization has limited the capacity of the state to promote social protection. 3Even Francis Fukuyama points out the reduction of the roles and strategic functions of states, which may aggravate poverty and social gap and cause social conflict and civil war. 4 The transformation of the capitalistic paradigm undergoes an extreme leap toward neoliberalism.Neoliberalism increasingly leaves no room for the state, even for policies intended for social justice.Subsidies, basic public service guarantees, and other social security are considered inefficiencies.Education, health, and basic human rights have become traded commodities.Neoliberalism has made the capitalist economic system and free trade system as tools to do market crime.John Perkin calls these practices a crime of the Corporatocracy or a network aimed at gaining profits by means of corruption, collusion and nepotism from the third world countries and it works like a mafia. 5eo-liberalism believes that market led economic growth can increase people's welfare.Welfare must not be understood as state benefits but as an effort to improve the economy by allowing the market to realize its miracles.The concept of a welfare state is often regarded as a 'toxic antidote' strategy of the capitalist system, i.e. the negative impact of a free market economy system; hence, the welfare state is often referred to as 'compassionate capitalism'. 6The facts show that many countries implementing welfare state have high poverty rates than the countries that do not apply it.The Letter of Intent agreement of IMF (International Monetary Fund) has been like a scriptureoffering the concept of palliative economics. 7Its verses comprise of liberalization, privatization and deregulation, which tend to be a serious threat to nation states in the world.It has become guidance on the preparation and implementation of socio-economic policies.
Global economic imbalances, poverty and unemployment accompanied by crime have swept the world.The concepts and programs of the welfare state have been considered unsuccessful in bringing about justice, peace, and common prosperity in life.This evaluation of failure stems from the capitalism concept, which views welfare merely from a material point of view.
Three different views and arguments about the urgency of the role of the state cause the failure of the state to prosper its people.First, the state has a very important role, particularly in social justice and the distribution of public goods.The state instead of individuals should dominate the distribution for the equal benefit of society.Reinert, 8 Bourdieu dan Walzer 9 argue that the state is an important factor in the national economy and has a particular nature, which is different from the model of colonial economy.The experience under colonialism becomes a valuable lesson in formulating economic policies that can prosper society.
Second, the role of the state must be disarmed.Hayek,10 Friedman,and Stiglitz,11 argue that the state should not interfere with individual freedoms, especially in the economic sectors.At this stage, economic policy adopts a policy outlined by US-led international policy mixed with its 8 Erik S. Reinert, How Rich Countries…26-27. 9Michael Walzer, Spheres of Justice: A Defence of Pluralism and Equality, Oxford, Blackwell, 1983, 19. 10 Friedrich A. Hayek, The Constitution of Liberty, London: Routledge and Kegan Paul,1960, 121. 11 The libertarian view actually refers to the classical liberal view of Herbert Spencer and Adam Smith and rejects the modern liberal view of John Maynard Keynes.In both classical and libertarian liberals, as in Friedrich Hayek and Robert Nozick, the role of the state in economic life must be as minimal as possible.Generally libertarians strugglefor market freedom and demand state restrictions in regulating social life.The libertarians even reject the application of a redistributive tax scheme to implement the concept of equality in liberal theory.See Will Kymlicka, Contemporary Political Philosophy: An Introduction, Oxford:  Oxford University Press, 1990, 95.  authoritarian nature and practice.It seems as if "the state interferes" in managing the economy but for the interest of private, group and regime.
Habermas, 12 Giddens,13 and Rawls's14 thoughts reflect the third opinion.They think that globalization does not always give positive consequences for democracy (liberal) but they also potentially threaten citizens.Globalization and social justice with positive and negative effects are acceptable as long as it does not neglect individual freedoms guaranteed by human rights.The ambiguity of democracy and free market, however, often trapped in the third argument.The latter can devour the first one but it is stuck between the rhetoric of social economy and social justice as well as the demands of the fulfillment of the IMF Letter of Intent agreement.The state should be firm to choose whether the state should play a role in the fulfillment of social justice by prospering its people.The rhetoric and campaign jargon and political speech of the state often imprison the management of natural resources and state property.They will never be a practical policy, because the Washington Consensus project supported by three main pillars: fiscal austerity, privatization, and market liberalization have chained one foot of the state15 .All of these factors combined with the strength of the oligarchy in political and economic life will continue to hinder the project of social justice and social welfare, particularly in Indonesia.
As long as the material side measures well-being, which encompasses the fulfillment of the basic human needs of individuals, the elimination of poverty, employment, and the equitable distribution of income and wealth among all peoples, man is always the object of economic power.Therefore, we need a new order in the formulation of a welfare state capable of combining material and spiritual prosperity that leads to serenity, happiness, and peace of life.This paper is to review the Islamic principles in creating a rule and applying the principle of justice as an instrument of all aspects of life, which is called Maqa> s} id al-Shari> 'ah.It aims at realizing the formulation of the welfare state based on Maqa> s} id al-Shari> 'ah as an alternative way to embody an integrated material welfare and spiritual well-being.

Maqāṣid al-Sharī'ah: methodological development
Literally Maqa> s} id al-Shari> 'ah is a compound word (murakkab id} afi) consisting of the word maqa> s} id and al-shari> 'ah.Basically, the two words have their own meaning.The word "maqa> s} id" is jama' (plural) of the word "maqs} ad" (mas} dar mimy) of the verb qas} ada, yaqs} idu qas} dan wa maqs} adan, "which means legitimacy16 , commitment to the right path (al-Nahl: 9).This verb can also be interpreted as balance and moderate (Luqman: 19).While the word "al-shari> 'ah" literally comes from the root word "shara'a" and has two meanings: (a) as a source of water (springs) which can be used as drinking water, Arabians call it "mashara ' at al-ma> 'i" which means "maurid al-ma> 'i"(water source) and (b) as the right path (al-Jathiyah: 18). 17pistimologically, Maqa> s} id al-Shari'ah can be found in the work of scholars such as Ibn 'Ashur,' Alal al-Fasi, Ahmad al-Raisuni, etc.First, Ahmad al-Raisuni: ‫العبادة‬ ‫ملصلحة‬ ‫حتقيقها‬ ‫ألجل‬ ‫يعة‬ ‫الشر‬ ‫وضعت‬ ‫اليت‬ ‫الغاية‬ "Maqa> s} id l-Sharā'ah are the goals determined by sharia to be manifested for the benefit of man"20 With regard to the above definitions, it can be said that the content of "Maqa> s} id al-Shari> 'ah or the purpose of law" is for the benefit of man.The law that has been determined and passed down to man is not made for the law it self but it is made for the benefit of man. 21oslem scholars who are very meritorious and contribute to the development of Maqa> s} id al-Shari> 'ah are Imam al-Juwaini, Izzu al-Din bin 'Abd al-Salam, Abu Is} haq al-Shat} ibi and Al-T} ahir Ibn' Ashur.Al-Juwaini introduces the Ha> ji> yyah theory (needs) used today.In his book "Ghiyat al-Umam" (rescue of the State), al-Juwaini has an important contribution in the theory of Maqa> s} id al-Shari> 'ah and undertook the initial project of reconstructing Islamic law based on maqa> s} id. 22mam al-Juwaini puts forward a theory of the 'level of basic needs' in the nuances of meaning that we know today.Al-Juwaini suggests 5 levels of maqa> s} id, namely: al-D} aru> rah (inevitability), al-h} a> jah al-'a> mmah (public needs), al-makru> hah (moral action), al-mandu> bah (recommended), and those which can not be returned to specific purposes.He suggested that the goal of Islamic law is al-is} mah (real protection) of faith, soul, reason, personality realm, and property. 23urthermore, the principal and fundamental concept developed by Izzu al-Din bin 'Abd al-Salam in Qawa> 'id al-Ah} ka> m fî Mas} a> lih} al-Ana> m is the concept of mashlahah as the goal of the establishment of Islamic law.The concept of mashlahah occupies the position as the purpose and core of the entire construction of Islamic legal legislation.The discussion of this concept can be found in the books of us} u> l fiqh written in the early phases of growth, developmental phase, middle phase as well as the modern phase of Islamic law.These books, at different levels, discuss maslahah as the purpose of the Shari'a.
Imam Izzu al-Din bin 'Abd al-Salam argues that Maqa> s} id al-Shari> 'ah not only aims to keep the five things as stated by Imam al-Juwaini but also maintains Maqas} id al-D} aru> ri> yah and al-'Ird} (Honor and Protection of Human Rights).For him, al-'Ird is a basic or primary necessities of someone who should be obtained by every human being because the main purpose of Islamic shari'ah is to maintain the dignity of human beings.
One theory, which addresses the absolute aspect of mas} lah} ah both in written Islamic law and unwritten law in various aspects of muamalah law, is proposed by Izzu al-Din bin 'Abd al-Salam.This Mashlahah theory argues that muamalah is a very extensive area in the field of Islamic law studies.This theory comprises of Islamic family law, civil law, criminal law, shari'a judiciary, politics and state administration 24 .Thus, all maqa> s} id aim to preserve the existing law to realize goodness (Tah} qi> q al-Mas} a> lih} ) and to reject destructive behavior (dar'u al-mafa> s} id) 25 .
According to Abu Ishaq al-Shatibi, there are two purposes of Shari'a in Maqa> s} id al-Shari> 'ah.The first objective is based on the purpose of God as the Maker of the Shari'a.The second goal is based on the purpose of human beings burdened with the Shari'a so that they understand the essence of the wisdom of the Shari'a 26 .Allah reveals the Shari'ah of Islam to achieve human welfare as a whole.Maqa> s} id al-Shari> 'ah means the end of Allah and His Messenger in formulating Islamic laws.Al-Shatibi argues that the benefit is divided into three levels, namely the needs of al-D} aru> riyyah, the needs of al-h} a> jiyyah, and the needs of al-tah} si> niyyah 27 .
The first level, the al-D} aru> riyyah, is the primary needs that must be satisfied.If the fulfilment is neglected, the existence of mankind will be threatened both in the world and in the hereafter.According to al-Shat} ibi there are five things that fall into this category: keeping religion, nourishing the soul, nurturing the mind, as well as preserving honor, ancestry, and the treasure (hifz} al-di> n, al-nafs, al-'aql, al-nasl , and al-ma> l).
The not meet these needs, his welfare will not be threatened but he will experience difficulties.In contrast to the first and the second levels, the third level or the requirements of al-tah} sa> niyyah are the needs, which, if they are not fulfilled, do not threaten the existence of any of the five points above nor cause inconvenience.This level is complementary needs, which are permissible by custom, moral and honour.
From his in-depth examination, al-Shat} ibi concludes five correlations between al-d} aru> riyyah, al-h} a> jiyyah, and al-tah} si> niyyah.First, primary interests are the origin and basis of other interests.Second, the destruction of the primary interests causes absolute damage to the other interests.Third, the damage to the other interests, however, should not cause damage to the primary interest.Fourth, in certain cases, damage to the complementary interests may result in destruction of the primary interests.Fifth, the protection of the secondary and complementary interests must be made to achieve the primary interest.
With regard to the impeccable maintenance of the five principal elements, the three levels of the maqa> s} id are inseparable.Al-Shatibi argues that the level of al-h} a> jiyyah complements the level of al-D} aru> riyyah, the level of al-tah} si> niyyah complete the level of al-h} a> jiyyah, andal-D} aru> riyyah becomes the principal of al-h} a> jiyyah and al-tah} si> niyyah.The classification of al-Shat} ibi> shows the important of maintaining the five basic elements in human life.In addition, the classification also refers to the development and dynamic understanding of God's law in order to realize human benefit.
Al-T} ahir Ibn 'Ashur proposes two factors that influence the existence of maqa> s} id al-shari> 'ah in the future.First, maqa> s} id al-shari> 'ah become an independent discipline by reforming us} u> l al-fiqh (tajdid us} u> l al-fiqh).Second, the correlation of al-fit} rah (religious instinct), al-samh} ah (tolerance), al-musawah (egalitarian) and al-h} urri> yah (freedom of action) in the context of maqa> s} id al-shari'ah can strengthen maqa> s} id al-shari> 'ah itself. 28ccording to Imam al-Tahir Ibn 'Ashur, there are four issues that reinforce Maqa> s} id al-Shari> 'ah.The first is al-fitrah or Islamic teaching or Islamic Shariah revealed by Allah SWT for the benefit of all human beings.The al-fitrah has actually been aligned with the basic human character.It is the nature of man, a certain system (al-niz} a> m) that Allah grants to every creature, both outwardly (visible) and inwardly (invisible).The Comandment of God (al-Ru> m: 30) is the basis of Ibn 'A< shu> r's opinion.This verse implies two kinds of fitrah, namely "fit} rah 'aqliyyah" and "fit} rah nafsiyyah".Fit} rah 'aqli> yah" (reason) guides people to feel God through the existence of universe.In addition, fit} rah 'aqli> yah guides people to realize the importance of rules or shari'a to govern their lives in fulfilling their desires correctly and purposefully.
The second is al-samh} ah (tolerance).This al-samhah can be freely translated in mutual respect.Tolerance is one of nature that fits perfectly with fit}rah as a basic feature of Islam itself and is a fundamental character of Muslims.The third is al-musa> wah (egalitarian).Islam is a religion that treats all human beings equally before syar'i laws, this requirement is important in implementing the five basic principles of Islamic Shari'ah: hifz} al-di> n, al-nafs, al-'aql, al-nasl, and al-ma> l.Fourth, al-h} urri> yah (freedom) has two meanings: 1) it is the opposite of slavery (al-'ubu> di> yah); 2) Al-h} urri> yah (independence) means someone who does something by choice.The freedom of a person in doing something without being influenced by anyone else is called al-h} urri> yah al-maju> zi> in Arabic.It means, in Islam, there is no absolute independence.The western world, which tends to propagate this absolute freedom, has begun to reap its negative impact now. 29ased on the description of maqa> s} id al-shari> 'ah above, we can see that the concept of maqa> s} id al-shari> 'ah has been improved based on the contextual response of the maqa> s} id al-shari> 'ah's scholars.The concept map of the maqa> s} id al-shari> 'ah and the contributions of these maqa> s} id al-sharā'ah's intelectuals can be seen in table 1.The verses of the Quran describes welfare, which is related to economic problems, directly (explicitly) and indirectly (implicitly).However, these two types of descriptions constitute a view of welfare, Al-Nai> l : 97; T} aha 117-119; al-A'ra> f : 10; al-Nisa> ' : 9; al-Baqarah: 126.Explicitly, the Quran defines welfare in some terms : ‫,اﻟﻔﺮح‬ ‫اﻟﻔﻮز‬ , and ‫اﻟﻔﻼح‬ as well as . First, the term ‫اﻟﻔﺮح‬ (farh} ) means "happy person" or "excited".Second, ‫اﻟﻔﻮز‬ (fauz is mas} dar [infinitive]).The Quran repeats 26 times the word fauz and words having the same root, twice its fi'il mad} i form, one form of its fi'il mud} ari', four times its isim fa'il form, and 19 times the mas} dar form.In other words, fauz means luck.The word fauz is devoted to luck or victory to be gained in the afterlife or ultimate luck or fauzun 'az} i> m (al-Shaffat [37]: 60, al-Tawbah [9]: 100, etc.).Luck (fauz) is expressed in the Qur'an as an eternal and unfailing good fortune Third, the 13 verses of the-Quran explain that the terminology of al-fala> h} (welfare) is the derivation of al-mufli> hu> n and al-mufli> h} u> n.The word aflah} a is repeated four times in one redaction, namely in T{ aha [20]: 64, al-Mu'minu> n [23]: 1, al-A'la [87]: 14, and al-Shams [91]: 9.In the Four verses, this word is preceded by the word qad (real), which indicates certainty.The derivative word of aflah} a is fi'il mud} ari' is used eleven times in the Qur'ân and always preceded by a pronunciation which means "to make you happy".Then, the word ‫اﻟﻔﻼح‬ becomes a diction for the one who earns «luck» or «happiness».This word is not linear with the meaning of the harvest of crops.The word includes all the human mobility that balances their life with food.Because the earth is the source of all these things, then the earth is the source to obtain the "luck".
Success in Islam is closely related to happiness and spirituality as well as fulfillment of needs (prosperity).Azadin Salem states that al-fala> h} is basically related not only to the income of wealth or the maximization of economic profit but also closely related to morality 32 .Thus, Islam does not prohibit maximizing profits and does not restrict Muslims to gain much wealth or assets as long as it follows the provisions of shari'ah.
The fourth is ‫ﻃﻴﺒﺔ‬ ‫ﺣﻴﻮة‬ .The practice of Islam as a way of live consistently in all aspects of life will result in a good life order called h} aya> h t} ayyibah (al-Nahl: 97).This concept is a very essential wellbeing.Welfare is not only the prosperity of individuals but also a very prosperous and peaceful life order, the ease of the nation and the state and the prosperous generation.The life phase of h} aya> h t} ayyibah can be achieved after completing the stages of the concept of al-farh} , al-fauz, and al-fala> h} .
The classification of the use of welfare-related terms in the Qur'anic verses, as described above, can be seen in table 2.
Tabel. 2. Classification of the use of welfare-related terms in the Quranic verses

Term Tujuan Kesejahteraan
Penggunaan Term dalam Ayat ‫اﻟﻔﺮح‬ Welfare that not only implies happiness in the world but also shows prosperity in the afterlife (Welfare Materials) There are three substances of well-being; willingness, joy, and arrogance.These substances are more widely used for a negative sense of world pleasure, such as the arrogance of wealth.However, the substance that points to the pleasure in the afterlife and shows the positive meaning is only the verse of Ali Imran [3]: 170.Thus, the Qur'an affirms that the pride or pleasure derived only from the material wealth is not the category of Welfare in question but of arogance.
Essential welfare is not only the spiritual and material welfare, perceived by individuals, but also a very prosperous and tranquil life order, the ease of living in a state, and a prosperous generation.To achieve the life phase of h} aya> h t} ayyibah, it is required to go through the stages of the concept of al-farh} , al-fauz, and al-fala> h} .
Based on the welfare classification in The first indicator of welfare is the full dependence of man to the Lord of the Ka'bah.This indicator represents mental development.It shows that if all the welfare indicators based on the material aspects have been met, it does not guarantee that the owner will be happy.Hence, human dependence on God reflected in worship to Him or transcendental-prophetic can build a spiritual man (Islamic Man).
The second indicator is the loss of hunger (the fulfillment of consumption needs).The above verse states that it is God (Allah) who feeds them to relieve hunger.Welfare indicators should be sufficient (it is only to eliminate hunger) and should not be exaggerated, particularly hoarding goods to maximize the maximum wealth.One must give priority to al-makru> ma> t (noble action) in fulfilling the need.
While the third indicator is the loss of fear, which is the representation of a safe, comfortable and peaceful life.If various criminals such as robberies, rape, murder, theft, and other crimes frequently occur in society, it shows that people do not live in peace and comfort environment.In other words, the people have not obtained the safe, peaceful, and comfortable welfare as an effort to strengthen the faith. 33he concept of welfare based on the above verse can be understood from the perspective of its maqa> s} id al-shari> 'ah.Welfare in the view of ma-qa> s} id al-shari> 'ah requires prosperity covering all material and non-material (psychic) aspects.The reason is that human satisfaction lies in non-material factors. 34. Abdul Mannan emphasized that the welfare state is the achievement of comprehensive humanity welfare.The material (economic) field is only one part of the welfare state, in addition to its moral and spiritual values and political value 35 .Naqvi also writes that the welfare state is identical with one of the objectives of the material (economy) of Islam, namely its general characteristics are very egalitarian.The doctrine of the welfare state, which seeks to pursue the middle path between capitalism and socialism, is the culmination of citizens' political rights 36 .Naqvi, quoting I. Gough's book The Political Eonomy of Walfare State, says that the character of the welfare state doctrine is basically derived from the principle of socialism, that is "from everyone by virtue of his ability and to everyone on the basis of his needs."So, state intervention is required to regulate production, consumption, and market economy.The capitalistic global-modern system has stifled the right of individual independence, hence, according to al-Nabhani, the government must intervene the social aspects by issuing policies for the welfare of the ummah.
Even, Islam has emphasized (preponderat) moral values.Therefore the state can not be separated from the ethics of society.Islamic Welfare State is the policy concept of creating a comprehensive morality, religious and general welfare 37 .To remedy the disadvantages of individualistic orientation of classical maqa> s} id al-shari> 'ah, contemporary scholars have expanded the concept of maqa> s} id such as society, nation, and even humanity in general.The expansion of the maqa> s} id al-shari> 'ah concept provides an opportunity for contemporary scholars to respond to global challenges and develop maqa> s} id into practical plans.
In Islamic teachings, there is a positive and correlational relationship between religiosity and prosperity (al-A'ra> f: 97 and al-T} ala> q: 2-4).These verses break the very clear distinction between the concept of Islam and the conventional concept, which relates welfare to only material dimensions.Prosperity in Islamic concepts has a broad and multidimensional spectrums. 38t should be emphasized that the Islamic welfare concept of maqa> s} id al-shari> 'ah is not the same as the concept of modern welfare state.There are similarities between them but they also have very fundamental differences.First, the modern welfare state is not developed on the concept of morality -religiosity -spirituality, it is based on an interpretation of the history of Marxism, or Pigou's economic principle 39 .In both cases, the emphasis is placed on the material welfare of the people by ignoring the spiritual and moral well-being.While the Islamic system of maqa> s} id al-shari> 'ah strives for moral -religiosity -spirituality as the points of departure of its view of welfare.This is different from the welfare state, which is generally secular and does not aim to vertically integrate human material and spiritual aspirations.
Second, the Islamic concept of maqa> s} id al-shari> 'ah is more comprehensive, aiming to achieve the welfare of mankind as a whole (spiritual and material).While the welfare state is based only on economic prosperity.Third, the Islamic concept of maqa> s} id al-shari> 'ah departs from the fact that only God has the right to possess all things.Everyone is given the freedom to gain wealth.It is the right of everyone to meet basic needs, to obtain appropriate employment and independence, education, marriage and care, to build a spiritual environment, to get recognition and protection or assurance of life, property and honor built on the awareness of moral obligation -religiosity -spirituality.
Fourth, the Islamic concept of welfare in maqa> s} id al-shari> 'ah is the fulfillment of material and non-material needs in the world and in the Hereafter based on personal and community consciousness to obey the revealed laws of Allah whose instructions are set forth in the Quran, model of the Prophet Muhammad, and through the ijtihat of scholars.Therefore welfare is not a goal without expenses but requires continuous and sustained struggle. 40ifth, Islam interpretes prosperity differently.Al-Shatibi uses the term mas} lah} ah to refer to welfare.The concept of maqa> s} id al-shari> 'ah clearly shows that sharia requires every individual to fulfill their welfare.In other words, humans are always required to seek benefit (mas}lah}ah).The economic activities of production, consumption, and exchange, which include the benefit as required by shari'a, are religious duties aimed at doing good in the world and at gaining rewards in the hereafter.Thus, the necessities (needs) are all economic activities that provide benefits to mankind.If this is related to maqa> s} id al-shari> 'ah, it is clear that in the Islamic view, human motivation in economic activity is to fulfill the necessities of life in order to gain the benefit of the world and the Hereafter.
Based on the theoretical discussion of maqa> s} id al-shari> 'ah in the previous paragraphs, we can formulate the welfare state, in the view of ma-qa> s} id al-shari> 'ah, as follows: Abu Ishaq al-Shatibi states that the purpose of maqa> s} id al-shari> 'ah is to meet the three levels of human needs: Al-D} aru> riyyah, (primary rights), al-h} a> jiyyah (secondary rights), and al-tah} sa> niyyah (supplementary rights).Thus, if the welfare state applies this concept, al-D} aru> riyyah (primary rights) consists of the fulfillment of basic needs (hifh} alnafs), employment and independence (hifh} al-ma> l), education for every citizen (hifh} al-'aql), proper marriage and parenting (h} ifh} al-nasl), the spiritual environment (h} ifh} al-di> n).When the citizen's needs are met then the state has brought about an elementary welfare for its citizens.Al-Shatibi places religion as the principal factor of the basic human needs, because religion is the human nature that becomes the decisive factor in directing human life in this world.When basic human needs have been met, other necessities will follow.Prosperity or maslahah will be achieved if all the fulfilled needs is used as a tool to achieve maslahah in the world and the hereafter.
Imam al-Juwaini, introduced al-maqa> s} id as al-h} a> jah al-'a> mmah (public needs).The fulfillment of public needs can be realized through freedom in business, freedom of association, infrastructure and transportation de-velopment, fair and equitable distribution of income and wealth as well as access to libraries, research and information technology.While al-'is} mah is the protection of life, health and property of citizens.
According to Izzu al-Din bin 'Abd al-Salam, the legal requirement of a rule depends on its purpose and the wisdom behind it.The state is obliged to realize prosperity.Therefore, the state should regulate it in legislation and honor of human being (hifz} al-'ird} ).Human Rights Protection which is part of the state's obligation to protect its citizens in order to maintain Human Rights and honor as well as dignity of citizens.
Al-T{ ahir Ibn 'Ashur, argues that the ultimate purpose of maqa> s} id al-shari> 'ah is Order (al-fit} rah), Equality (al-musa> wah), Freedom (al-h} urri> yah), tolerance (magnaminity, al-samh} ah ).When the state is able to present and ascertain the ultimate goal of al-T{ ahir Ibn 'Ashur's maqa> s} id al-shari> 'ah, it can be said that the law existing and implemented in the welfare state is a delighted law.The law is not just ensuring order, it has gone beyond that so that every citizen is not only prosperous but also happy.
The concept of state based on maqa> s} id al-shari> 'ah is more comprehensive.This concept aims to achieve the welfare of mankind as a whole (spiritual and material).The welfare state adopted by the modern state, however, only relies on economic prosperity.The spiritual uplift and material development programs are related and sustainable programs in realizing the welfare state.The formulation of prosperity based on the Maqas} id al-Shari> 'ah is described in Figure 2. The implementation of the concept of Spiritual Welfare (Moral, Spiritual, Religious and Transcendental Welfare) may bring about prosperity based on Maqa> s} id al-Shari> 'ah.Abu Ya'la and al-Mawardi explain that the characteristic of an ideal country is a country that practices the people's sovereignty, a crucial aspect of a country.Furthermore, al-Mawardi states that the imam or leader is also an important facet in upholding the truth and developing the knowledge.Even Ibn Khaldun asserted that the institutionalization of a state is a duty that must be upheld and managed by every Muslim.Ibn Taymiyah, Shah Waliyullah, and some of the world's Muslim leaders also share the same idea.Therefore, Islam views a state as an instrument to achieve the fundamental goals of a country.Through this sovereignty, the aims of a country can be achieved.
The welfare concept of maqa> s} id al-shari> 'ah in figure 3 can be described as follows: first, this welfare is based on maqa> s} id al-shari> 'ah, namely: the fulfillment of individual needs (al-h} aru> ri> yah or primary rights, al-h} a> jiyyah or secondary rights and al-tah} si> niyyah or supplementary rights), public needs, (al-h} a> jah al-'a> mmah), distributed equally, the existence of protection or assurance (al-'is} mah) and law enforcement, which can be achieved through al-fit} rah (order), equality (al-musa> wah), freedom (al-h} urri> yah), and magnanimity (al-samh} ah) or tolerance.
Second, moral-spiritual-religious and transcendental is the foundation of the welfare of maqa> s} id al-shari> 'ah.This second platform can be implemented through moral action (al-makru> ma> t), the building of spiritual man, and strengthening the faith.Any drafting of rules or legislation should emphasize the moral-spiritual-religious and transcendental meanings in order to achieve an essential order of prosperity.
Third, the implementation of the first and second stages in a country will result in Islamic Man/religious man/human who can combine Spiritual Intelligence, emotional intelligence and Intellectual Intelligence.As the result, the welfare gained or perceived is not only material prosperity but also the outward (spiritual) and inward (material) happiness in the world and the hereafter.The three stages of achieving prosperity based on the formulation of maqa> s} id al-shari> 'ah cannot be achieved without the role of the state.
Happiness is the ultimate goal of human life.Humans will be happy when they can meet all the short-term and long-term needs in both material and spiritual forms.Material requirements are clothing, homes, and other properties.Welfare is the fulfillment of these material needs.Welfare also means fulfillment of all material and spiritual necessities of life evenly for all people.In a broader sense, welfare is also the fulfillment of human rights, especially civil liberties. 41he implicit meaning of the above definition of liberty is that everyone has the right to have a job and to be an entrepreneur in a harmonious cooperation.The Islamic concept of maqa> s} id al-shari> 'ah uses the term al-fala> h} for "welfare".This term means holistic and balanced welfare between material and spiritual aspects, individual and social spaces, and the well-being of worldly life and the hereafter.The prosperity of the world means anything that gives physical, intellectual, biological and material pleasure.While the welfare of the hereafter is the pleasure that will be obtained after the human died.

Conclusion
Market failure and government failure to prosper the citizen cause inequality and social injustice everywhere.Some scholars, e.g.Reinert, Bourdieu and Walzer, argue that the role of the state is crucial, particularly in the equitable distribution of social justice and public goods.Some other scholars,e.g.Hayek, Friedman, and Stiglitz, however, propose that the role of the state should be disarmed.They argue that the state should not interfere with individual freedoms, especially in the economic sectors.The third opinion in addressing globalization and social justice, which is delivered by Habermas, Giddens, and Rawls, accepts these two ideas as long as they do not neglect individual freedom.
Despite the unfinished debate about the country's role, some of the policies offered, e.g.capitalism, neoliberalism, and Washington Consensus, heightens the world's gap and poverty.Three main pillars support the concepts are fiscal austerity, privatization, and market liberalization, as well as the Letter of Intent agreement proposed by IMF (International Monetary Fund).The last pillar, which offers the concept of palliative economics, has been the guide in the planning and implementation of socio-economic policies.This agreement seems to be the sacred book of state policy to this day.These verses of the scripture are liberalization, pri-vatization and deregulation, which tend to pose a serious threat to nation states in the world, which struggles to bring about prosperity.
This article offers the formulation of a welfare state based on Maqa> s} id al-Shari> 'ah, a concept developed by Imam al-Juwaini, Izzu al-Din bin 'Abd al-Salam, Abu Ishaq al-Shatibi and al-Tahir Ibn' Ashur.The formulation of the welfare state of Maqa> s} id al-Shari> 'ah comprises of, first, individual needs (primary, secondary and supplementary rights), which includes the fulfillment of basic needs, employment and self-reliance, education, the creation of a samawa family that can nurture children appropriately, piety (spiritual) and honor, as well as the protection of human rights.The second necessity is public needs, which includes the freedom to own the business, the freedom to join in an organization, infrastructure and transportation development, fair and equitable distribution of income and wealth, access to libraries / research / information technology, the resilience of culture and nation character.These public needs should be feasible and equitable for all citizens.The third is the protection or assurance of life, health and property that can guarantee the life of the individual.The fourth consists of law enforcement in the field of al-fit} rah (order), equality (al-musa> wah), freedom (al-h} urri> yah), and magnanimity (al-samh} ah) or tolerance.The purpose of the welfare of maqa> s} id al-shari> 'ah is beyond the creation of social order; every citizen is no longer only prosperous but also happy.
It is the time for Indonesia to have the concept of welfare state (distinctive and particular) derived from noble values and not values transplanted from other countries.The reconstruction of the Indonesian welfare state concept becomes an urgent agenda to be addressed.This article offers an alternative to the formulation of welfare state of Maqa> s} id al-Shari> 'ah to meet the founding fathers ideals.The founders of this country embarked on an idea with an imagination of a state capable of protecting and fulfill-ing the needs of its citizens, the welfare of all the people.In other words, the Indonesian state aims to build a welfare state.The state plays a role in this concept combined with the civil society movement.This concept suggests social transformation and leads society at a stage where there is no welfare gap in some parts of Indonesia.Civil society is very high level of social fragmentation.Thus, through the incorporation of the role of state and civil society, the concept of the welfare state based on Maqa> s} id al-Shari> 'ah can be achieved.Welfare reform is urgently required, at least the concept of welfare state formulation based on Maqa> s} id al-Shari> 'ah generated from this research can be an initial step to achieve prosperity for the society.

The formulation of welfare state of Maqāṣid al-Sharī'ah
Tabel.1.Concept Map of Maqa> s} id al-Shari> 'ahWelfare is the economic goal of maqa> s} id al-shari> 'ah.It is a part of rah} matan lil 'a> lami> n, which is taught by Islam.Prosperity as referred to in the Qur'an, however,is not an unconditional right.Allah will give it if man keeps His commandments and keeps away from His prohibition  The Purpose of Maqa> s} id al-Shari> 'ah is to achieve prosperity  The levels of human needs: o al-D} aru> riyyah (primary right) o al-h} a> jiyyah (secondary right) o al-tah} si> niyyah (supplementary right) 2. Imam Al-Juwaini Purposing al-Maqa> s} id as public needs.There are 5 levels of al-Maqa> s} id:  al-D} aru> riyyah (inevitabilities)  al-h} a> jah al-'a> mmah (public needs)  al-makru> mah (principal acts)  al-mandu> bah (recomendations)  al-'is} mah (protection) Table 2, the Quran indicates several factors of the essential welfare formulation of ً ‫ﺔ‬ َ ‫ﺒ‬  ‫َﻴ‬ ‫ﻃ‬ ً ‫ة‬ ٰ ‫ﻮ‬ َ ‫ـ‬ ‫ﻴ‬ َ ‫ﺣ‬ .The Quran has alluded to its indicators in Quraysh: 3-4.Based on these verses, we can see three indicators of welfare in the Quran, i.e. to worship the Lord (owner) of the Ka'bah, to eliminate hunger and to eradicatefear.