ANTICIPATION OF FRAUD IN LEGAL AID FROM THE PERSPECTIVE OF MAQASID SHARIA

Abstract

Legal aid fraud undermines one of the five general objectives of the Sharia (kulliyāt khams), namely preserving religion (ḥifẓ al-dīn). Under this general objective, there is a specific Sharia objective (maqāṣid al-sharī‘a al-khāṣṣah), namely the role of the government in implementing Sharia. In the fiqh literature, legal aid fraud is called al-ḥīlah, which means avoiding the truth by twisting the facts or distorting the rules. Al-Ḥīlah can only done by people who perform reflective thingking to predict the consequences of an action. From the actor's perspective, al-ḥīlah is subjective because it depends on intentions and goals, but the action can be objectivated based on their consequences. The essence of fraud in legal aid is betrayal that prohibit by many verses of the Qur'an. The government must anticipate legal aid fraud by setting up a mechanism to uncover the conspiracy. In addition, the judges must operated sadd al-żarī‘ah method so that they are able to match the intelligence of fraudsters, because al-ḥīlah must countered with a more ingenious al-ḥīlah.