Hukum Antrian dalam Fikih Kontemporer

(Telaah terhadap Konsep Ḥaqq Al-Sabq, Maslahah Mursalah, dan Maqasid Al-Syari‘ah)

Abstract

This study aims to analyze the legal basis of queuing from the perspective of contemporary Islamic jurisprudence by examining the concepts of ḥaqq al-sabq (the right of priority), maṣlaḥah mursalah (unrestricted public interest), and maqāṣid al-sharī‘ah (the higher objectives of Islamic law). Queuing is a social system that functions to maintain order, justice, and the protection of people’s rights in accessing public services. Although queuing is not explicitly mentioned in the Qur’an or the Hadith, the practice is closely aligned with the fundamental principles of Islamic law. This study employs a qualitative normative approach using the library research method. Data were collected from the Qur’an, Hadith, classical works of fiqh and uṣūl al-fiqh, as well as relevant scientific journal articles. The data were analyzed using the content analysis method. The findings indicate that the queuing system possesses legal legitimacy through the concept of ḥaqq al-sabq, which grants priority rights to those who arrive first. Furthermore, queuing fulfills the criteria of maṣlaḥah mursalah by promoting public welfare through orderliness, justice, and the protection of community rights. From the perspective of maqāṣid al-sharī‘ah, queuing contributes to the preservation of life (ḥifẓ al-nafs), wealth (ḥifẓ al-māl), intellect (ḥifẓ al-‘aql), and the realization of social justice. Therefore, complying with queuing rules is consistent with the objectives of Islamic law, whereas cutting in line contradicts the principles of justice and public welfare in Islam.