Maqasid al-Shariah as criteria for policy analysis : a case study of the Thai State's policies towards the conflict in Southern Thailand

This thesis is devoted to a study of policy analysis and maqasid al-Shariah. It is divided into two main parts in order to examine the compatibility of policy analysis and magasid al- Shariah in theory on one hand and on the other to measure the degree to which the Administration and Development Policy for Southern Border Provinces (ADP2012-1014) is compatible with maqasid al-Shariah as a case study. The study takes a qualitative research method and the participant observation as part of the methods of data collection. It reveals that maqasid al-Shariah can be spelled out as criteria for policy analysis. In particular, maqasid and policy analysis can be convergent in the place of principles. In this regard, maqasid is considered as a principle-based criterion, which includes a set of values such as justice, fairness, dignity, and human rights. Maqasid as criteria for policy analysis is based on three main premises: (1) understanding a differentiation between rituals (ibadah) and social affairs (muamalat), model/means (wasa"in) and purpose/ends (maqasid), and the changeable and the immutable; (2) the three levels of necessity (essentials, supportive needs, and embellishments) in relation to the six values (faith, life, intellect, progeny, wealth, and dignity); and (3) consideration of public values (maslaha). The current geography of magasid is not limited to the six elements of the traditional theory but is widely diverse based on the need of specific contexts, times, and usages, thereby demonstrating a high degree of dynamics, openness, and universality. The results unveil that the ADP 2012-2014 is compatible with the maqasid on the average degree (approx. 73 %), which particularly emphasizes on protection and promotion of faith and progeny. Thus, the locals should be treated with respect for their freedom of religions and cultural diversity, given that the policy is effectively implemented. The findings postulate that the degree to which a state's policy is legitimate positively correlate with the degree to which the policy is compatible with the principles of the locals (Malay Muslims). Therefore, the higher the degree of compatibility the higher the degree of policy acceptability to the locals. The policy improvement of the Thai state in the next policy review should be focused on the issue of protecting and promoting human development, economic security, and human dignity. The way forward is to search for the overlapping consensus between the Thai state, insurgents, and the locals.