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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

This thesis stems from a critique of the paradigm of environmental policy evaluation in Indonesia, which has thus far placed greater emphasis on administrative legality and procedural compliance, without thoroughly examining the substantive impacts of policies on public safety, ecological sustainability, and intergenerational justice. In the context of the 2025 Sumatra ecological disaster, which claimed over a thousand lives, affected millions of residents, and caused economic losses amounting to tens of trillions of rupiah, this study views the crisis not merely as a hydrometeorological phenomenon, but as a structural consequence of the accumulation of deforestation policies and the exploitation of natural resources that have persisted for years. This study aims to examine the extent to which comparative fiqh across schools of thought can be reconstructed into an operational, measurable, and relevant instrument for evaluating environmental policies within the context of contemporary environmental law in Indonesia.
This study employs a qualitative-dialectical approach using the al-fiqh al-muqāran method, which integrates classical fiqh texts across schools of thought with empirical data on deforestation and disasters. The normative sources of the research are drawn from the authoritative texts of the four Sunni schools of thought (Hanafi, Maliki, Shafi'i, and Hanbali) as well as a synthesis of contemporary maqāṣid al-syarī'ah. Meanwhile, empirical data were obtained from the National Disaster Management Agency (BNPB), WALHI, Auriga Nusantara, Forest Watch Indonesia, MapBiomas Indonesia, and various international scientific journals related to hydrology and tropical forest degradation. This study then constructs the Fiqh-Based Environmental Policy Index (F-EPI) as a quantitative evaluative instrument consisting of three main sub-indices: the Ecological Maslahah Index (EMI), the Darar Risk Index (DRI), and the Public Resource Equity Index (PREI).
The results indicate that the four schools of thought exhibit strong normative convergence in rejecting the exploitation of natural resources that causes ecological damage and poses a threat to public safety. The application of the F-EPI to the 2025 Sumatra deforestation case yielded a score of 0.039, far below the ecological legitimacy threshold, indicating a serious violation of the principles of maqāṣid al-syarī'ah.

48/PMH/2026

48/PMH/2026

Perpustakaan FSH Lantai 4

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