International
Review of Law
Qatar University
Submitted: 17/04/2025 Peer-Reviewed:
02/06/2025 Accepted: 10/09/2025
Integrating Energy Justice and Maqasid al-Shariah to
achieve the Sustainable Development Goals (SDGs) in
Malaysia[1]
Wan Mohd Zulhafiz bin Wan Zahari, PhD https://orcid.org/0000-0001-5486-198X
Associate Professor, Ahmad
Ibrahim Kulliyyah of Laws, International Islamic University Malaysia
Hubert H. Humphrey Fellow
2024/2025, American University Washington College of Law, USA
Senior Research Fellow (Summer 2025), Program in
Islamic Law at Harvard Law School, USA.
wzulhafiz@iium.edu.my.
Farahdilah Ghazali, PhD https://orcid.org/0000-0002-1966-9690
Senior Lecturer at School
of Business and Economics, Putra University Malaysia.
farahdilah@upm.edu.my
Mohamed Yayah Jalloh, PhD https://orcid.org/0009-0004-2854-6221
PhD Graduate, Faculty of
Law, Universiti Kebangsaan Malaysia.
yahyajalloh37@gmail.com
Abstract
This
article explores how the integration of energy
justice and Maqasid
al-Shariah can enhance Malaysia’s ability to
achieve the Sustainable Development Goals (SDGs) by 2030. While energy justice
emphasizes procedural, distributive, and recognition justice in energy policy, Maqasid
al-Shariah provides a holistic Islamic legal framework that promotes the
protection of faith, life, intellect, progeny, and property. By aligning these
two frameworks, the study identifies gaps in Malaysia’s energy policies and SDG
implementation, particularly in rural electrification, environmental
protection, and social inequality. Through doctrinal legal analysis, the study
finds that incorporating energy justice principles and Maqasid al-Shariah
can significantly improve the fairness, equity, and sustainability of
energy-related policies. The results show that combining these frameworks
offers a viable path to address distributive and environmental injustices,
especially among marginalized communities. This paper provides a novel
interdisciplinary approach by merging energy law with Islamic legal philosophy
to address contemporary sustainability challenges in Malaysia. Unlike previous
studies, it proposes a dual-framework solution grounded in both international
and Islamic justice principles, contributing to policy discourse and legal
scholarship. Recommendations are made for regulatory reforms, inclusive
stakeholder engagement, and integration of Islamic ethical values to strengthen
SDG implementation strategies.
Keywords: Maqasid
al-Shariah; Energy justice; Sustainable development
goals; Energy policy
Cite this article as: Wan Zahari, Z.M.W., Ghazali, F., and Jalloh, M.Y. " Integrating Energy Justice and Maqasid
al-Shariah to achieve the Sustainable Development Goals (SDGs) in Malaysia," International
Review of Law, Vol. 15, Special Issue on Oil, Gas, Energy Law and
Sustainable Development, 2026 https://doi.org/10.29117/irl.2026.0349
© 2026, Wan
Zahari, Z.M.W., Ghazali, F., and Jalloh, M.Y., licensee, IRL & QU Press. This article
is published under the terms of the Creative Commons Attribution Non-Commercial
4.0 International (CC BY-NC 4.0), which permits non-commercial use of the
material, appropriate credit, and indication if changes in the material were
made. You can copy and redistribute the material in any medium or format as
well as remix, transform, and build upon the material, provided the original
work is properly cited. https://creativecommons.org/licenses/by-nc/4.0
المجلة
الدولية
للقانون
جــامعـة
قطـــــر
تاريخ
الاستلام: 17/04/2025 تاريخ
التحكيم: 02/06/2025 تاريخ
القبول: 10/09/2025
دمج
عدالة الطاقة
ومقاصد
الشريعة
لتحقيق أهداف
التنمية
المستدامة في
ماليزيا
وان
محمد ذو
الحافظ بن وان
زهاري https://orcid.org/0000-0001-5486-198X
أستاذ
مشارك، كلية
أحمد إبراهيم
للقانون، الجامعة
الإسلامية
العالمية،
ماليزيا
زميل
هيوبرت همفري
2024/2025، كلية
القانون بالجامعة
الأمريكية في
واشنطن،
الولايات المتحدة
الأمريكية
زميل
باحث أول،
برنامج
الشريعة
الإسلامية في
كلية الحقوق
بجامعة
هارفارد،
الولايات المتحدة
الأمريكية
ww1825a@american.edu; wzulhafiz@iium.edu.my
فرحديلة
غزالي https://orcid.org/0000-0002-1966-9690
محاضر
أول في كلية
إدارة
الأعمال
والاقتصاد،
جامعة بوترا،
ماليزيا
farahdilah@upm.edu.my
محمد
يحيى جالوه https://orcid.org/0009-0004-2854-6221
دكتوراه،
كلية الحقوق، جامعة
كيبانجسان
ماليزيا
P100143@siswa.ukm.edu.my
ملخص
تتناول هذه المقالة كيفية دمج مفهوم عدالة الطاقة مع مقاصد الشريعة الإسلامية لتعزيز قدرة ماليزيا على تحقيق أهداف التنمية المستدامة (SDGs) بحلول عام 2030. ففي حين تركز عدالة الطاقة على العدالة الإجرائية والتوزيعية والاعترافية في سياسات الطاقة،
توفّر
مقاصد
الشريعة إطاراً قانونياً إسلامياً شاملاً يهدف إلى حماية الدين،
والنفس،
والعقل،
والنسل،
والمال.
ومن
خلال
مواءمة هذين الإطارين،
تكشف الدراسة
عن
فجوات
في
السياسات الطاقوية الماليزية وفي تنفيذ أهداف التنمية المستدامة،
لا سيما
في
مجالات كهربة المناطق الريفية،
وحماية
البيئة،
وتقليص
التفاوتات الاجتماعية.
من
خلال
التحليل القانوني النظري،
تخلص الدراسة
إلى
أن
دمج
مبادئ
عدالة
الطاقة مع مقاصد الشريعة يمكن أن يُحسِّن بدرجة كبيرة من العدالة والإنصاف والاستدامة في السياسات المتعلقة بالطاقة. وتُظهر النتائج أن الجمع بين هذين الإطارين يوفر مسارًا فعالًا لمعالجة أوجه الظلم التوزيعي والبيئي،
خصوصاً
في
المجتمعات المهمشة.
يقدّم
هذا
البحث
نهجًا
متعدد
التخصصات جديدًا من خلال دمج قانون الطاقة مع الفلسفة القانونية الإسلامية لمعالجة التحديات المعاصرة المتعلقة بالاستدامة في ماليزيا. وعلى عكس الدراسات السابقة،
يقترح
هذا
البحث
حلاً
مزدوج
الإطار يستند إلى مبادئ العدالة الدولية والإسلامية،
مما يُسهم
في
الخطاب السياسي والبحث القانوني. كما تتضمن الورقة توصيات لإصلاحات تنظيمية،
وتعزيز
مشاركة الأطراف المعنية بشكل شامل،
ودمج القيم
الأخلاقية الإسلامية لتعزيز استراتيجيات تنفيذ أهداف التنمية المستدامة
الكلمات
المفتاحية: مقاصد
الشريعة،
عدالة
الطاقة،
أهداف التنمية
المستدامة،
سياسة الطاقة
للاقتباس: زهاري،
وان محمد ذو
الحافظ بن وان. وغزالي،
فرحديلة.
جالوه، محمد
يحيى. «دمج عدالة
الطاقة
ومقاصد
الشريعة
لتحقيق أهداف
التنمية
المستدامة في
ماليزيا»، المجلة
الدولية
للقانون، المجلد
الخامس عشر،
عدد خاص حول
قانون النفط والغاز
والطاقة
والتنمية
المستدامة،2026. https://doi.org/10.29117/irl.2026.0349
© 6202، زهاري،
وان محمد ذو
الحافظ بن وان. وغزالي،
فرحديلة.
جالوه، محمد
يحيى، الجهة
المرخص لها: كلية
القانون، دار
نشر جامعة
قطر. نُشرت
هذه المقالة
البحثية
وفقًا لشروط Creative Commons Attribution Non-Commercial 4.0
International (CC BY-NC 4.0). تسمح
هذه الرخصة
بالاستخدام
غير التجاري، وتنبغي
نسبة العمل
إلى صاحبه، مع
بيان أي تعديلات
عليه. كما
تتيح حرية
نسخ، وتوزيع،
ونقل العمل
بأي شكل من
الأشكال، أو
بأية وسيلة،
ومزجه وتحويله
والبناء
عليه، ما دام
يُنسب العمل
الأصلي إلى المؤلف. https://creativecommons.org/licenses/by-nc/4.0
Introduction
The United Nations Millennium Declaration created the
eight Millennium Development Goals (MDGs) two decades ago, urging nations to
address concerns such as hunger, poverty, illiteracy, and gender inequity.[2]Although
some argued that the MDGs did not produce significant change, especially for
the world's poor, these challenges, such as limited measurable impact and weak
institutional accountability, affected low-income countries.[3] The UN
Millennium Declaration, adopted in 2000, was intended to rally global efforts
to eradicate poverty and enhance education, health, and equality. The 8 MDGs
served as benchmarks that influenced the development of the 17 SDGs. Unlike
Agenda 21, the MDGs offered more precise targets and monitoring mechanisms,
which were further refined in the SDG framework. This shift also highlighted
collective responsibility, not only for donor countries but for all
stakeholders to achieve sustainability goals. The resolution served as a model
for the United Nations’ concept of promoting Sustainable Development Goals
(SDGs), introduced in 2015, and serves as a set of effective indicators for
global development.[4]
It is asserted that the eight principles established in the MDGs are
significantly more acceptable than the 1992 notion of Agenda 21.[5] Later, the 17 Sustainable
Development Goals adopted the MDGs to maintain the concept of sustainability.[6]
The SDGs are a collective responsibility for all people to achieve, and the
lesson from the MDGs is that it is critical to focus not only on the commitment
and contributions of rich countries to developing countries but also on the
collective responsibility and contributions of each individual, country,
organisation, and other role-players to achieve the SDGs.[7]
When examining the growth of SDG implementation in
Malaysia, the government's and key sectors’ roles demonstrate the country’s
progress toward achieving the goals.[8]
The government recognises that collaboration with non-state actors, such as
civil society, academia, and the private sector, is essential to ensure
inclusive policy development.[9]
These actors contribute by sharing technical data, indigenous knowledge, and
implementation capacity. Such information enables adaptive and responsive SDG
policies. However, while policy inclusion is encouraged, the energy sector
still suffers from systemic injustices, particularly in rural and Indigenous
areas, thus raising questions about the real-world reach and equity of SDG
implementation.
The information would be vital as a transformation factor
in boosting the flexibility of resource management.[10] The success of
the SDGs and good governance will be determined by how far they reach
Malaysians.[11]
Therefore, the governments’ attention should be shifted to the efficacy of the
state level as well.[12]
While Malaysia has committed to the Sustainable Development Goals, a particular
implementation of the SDGs in the energy industry may still result in
oppression, inequality, and injustice to society and the environment.[13]
According to Ali and Al‐Owaihan, (2008), Islamic law provides a
foundation based on ethical values that can guide individuals and organizations
towards achieving prosperity while adhering to Islamic principles.[14]
This work ethic can be integrated into related activities to ensure that they
are conducted in a manner that aligns with the values of justice and
sustainability.[15]
While, in the context of Islamic economics, it is critical to address the issue
on energy conservation and management from an Islamic perspective.[16]
By aligning conservation practices with the Maqasid al-Shariah
framework, energy consumption behaviors can be guided by religious obligations,
contributing to the sustainability of human life.[17] Maqasid
al-Shariah, the higher objectives of Islamic law, encompasses the
protection and preservation of faith, life, intellect, progeny and property.[18]
On the other hand, energy justice focuses on ensuring fair and equitable access
to energy resources, addressing environmental concerns, and promoting social
well-being.[19]
Malaysia exemplifies the integration of Islamic finance with climate
governance. A robust regulatory framework has been established for
Environmental, Social, and Governance (ESG) investments that complies with
Shariah principles.[20]
Key institutions, including the Central Bank of Malaysia and the Securities
Commission, have issued guidelines encouraging the inclusion of ESG criteria
and Maqasid al-Shariah in Islamic financial products.[21] Additionally, the National
Energy Transition Roadmap (NETR) highlights Islamic finance as an essential
tool for directing capital towards renewable energy initiatives.[22]
It is argued that both Maqasid al-Shariah and
Energy Justice share common goals related to social and environmental welfare.[23]
Maqasid al-Shariah emphasizes socio-economic justice, the well-being of
all individuals, and the protection of wealth through legitimate trade
activities and just business practices.[24]
Similarly, energy justice aims to address disparities in energy access, promote
sustainable development, and ensure that energy policies benefit all members of
society equitably.[25]
Moreover, the application of Maqasid al-Shariah in sustainable
development practices reflects a commitment to environmental sustainability and
social welfare, which are central to energy justice principles.[26] Incorporating Maqasid
al-Shariah into energy policies and practices can help ensure that energy
resources are managed in a manner that upholds justice, equity, and
sustainability.[27]
By considering the shared objectives of Maqasid al-Shariah and energy
justice, policymakers and practitioners can develop energy frameworks that not
only meet the energy needs of society but also contribute to the overall
well-being and prosperity of communities in an environmentally responsible
manner.[28]
Therefore, it may be argued that by blending the two principles, energy justice
and Maqasid al-Shariah, Malaysia’s SDG implementation will assure
justice.[29]
This study aims to examine Malaysia’s prospects for attaining the SDGs by 2030
through the lens of energy justice and Maqasid al-Shariah.[30]
Methodology
This study adopts a doctrinal legal
research methodology, focusing on critical analysis of Malaysia’s laws, policy
documents, and planning frameworks in light of normative principles from both
energy justice and Islamic jurisprudence. The Maqasid al-Shariah
framework refers to the ultimate objectives of Islamic law, classically
categorised into five essentials: preservation of religion (al-din),
life (al-nafs), intellect (al-‘aql), progeny (al-nasl), and
wealth (al-mal), with contemporary scholars adding environmental
protection (hifz al-bi’ah) as a sixth dimension.[31] This Islamic
legal philosophy offers a compelling normative basis for sustainable
development, where some scholars further expand these to include environmental
sustainability.[32]
On the other hand, energy justice, as articulated by Heffron and McCauley,
comprises three pillars: distributive justice (fair allocation of energy
resources and burdens), procedural justice (inclusive and transparent
decision-making), and recognition justice (respect for marginalised voices).[33]
While Maqasid focuses on preserving ethical, social, and environmental
integrity, energy justice addresses fairness in energy access, participation in
decision-making, and protecting vulnerable communities. Both frameworks seek
balance, though tensions may arise when profit-driven policy decisions overlook
religious or environmental imperatives. The overlap between Maqasid and
energy justice provides a powerful integrated lens through which to assess
Malaysia’s policy coherence and legal sufficiency in meeting the SDGs.
The doctrinal method is well-suited
to uncover normative inconsistencies, identify legal fragmentation, and propose
theoretical reforms rooted in established principles such as maslahah
(public interest), adl (justice), and intergenerational equity. This is
supplemented by qualitative policy evaluation to contextualise the doctrinal
findings within the broader SDG discourse. The remainder of this article is
structured as follows. Section 2 provides a policy overview and analyses the
alignment of key Malaysian development blueprints with the Sustainable
Development Goals (SDGs). Section 3 introduces the theoretical frameworks of
energy justice and Maqasid al-Shariah. Section 4 applies these
frameworks to assess the coherence and gaps in Malaysia’s legal and policy
instruments. Section 5 outlines forward-looking recommendations, and the final
section offers conclusions and reflections.
1. The Implementation of SDGs in Malaysia
The Eleventh Malaysia Plan 2016-2010
(11MP), which is based primarily on sustainable objectives that focus on all
areas of the SDGs, was formerly referred to as Malaysia’s development of
sustainability programme.[34]
It emphasised six thrusts: inclusiveness, well-being, human capital, green
growth, infrastructure, and innovation. The core elements addressed the goals;
the differences in race, geographic location, and social status of Malaysians
justified the need for protection and effective economic development to enhance
well-being for all, fostering a socially progressive Malaysia with safe
residents and prosperous families within integrated and united societies. It is
maintained that, while these aim to align with SDGs, gaps in enforcement and
transparency persist. The Malaysian government has tied the implementation of
the Sustainable Development Goals (SDGs) to its Eleventh Malaysia Plan (11MP)
2016–2020 as the centrepiece and guiding policy of national development
efforts. Just as the Tenth Malaysia Plan (2011–2015) was said to reflect
government commitment to the Millennium Development Goals, the 11MP is said to
mirror the multidimensional nature of the Sustainable Development Goals (SDGs).[35]
In addition, before 1975, the government introduced
three policies, including the New Economic Policy (NEP)
1971–1990, the National Development Policy (NDP) 1991–2000, and the
National Vision Policy (NVP) 2001–2010. The New Economic Policy (NEP) was one
of the earliest policies introduced by the government. The focus was on
alleviating poverty in society and restructuring the ethnic economy, which the
British government introduced. The National Development
Policy (NDP) succeeded the NEP in achieving balanced development across
ethnic groups. The National Petroleum Policy was
enacted a year after the Petroleum Development Act of 1974. The National
Petroleum Policy (NPP) 1975 is limited to exploiting petroleum resources,
protocols, and operational management and covers the industry’s economic,
social, and environmental aspects. This policy aims to regulate the oil and
gas industry, thereby supporting national economic development and determining
the optimal social and economic balance in exploring oil resources, while
conserving these assets and maintaining environmental protection.[36]
While the National Energy
Policy 1979 (NEP) promoted a long-term energy sector, it progressed to
safeguard efficient, secure, and environmentally sustainable energy supplies.[37] The NEP is a
well-structured policy that strives for energy diversification and energy
efficiency (EE) without abandoning environmental aspects, consistent with the
Kyoto Protocol and the Paris Agreement.[38]
Nevertheless, climate change issues are absent from this policy.[39] The National
Depletion Policy 1980 (NDP) offers a safeguard against the over-exploitation of
Malaysia’s national oil and gas reserves.[40]
The NDP proposes a fuel diversity strategy that reduces oil dependency and
stress on hydroelectricity and coal deployment within the energy mix.[41] NDP is a
foundation used in safeguarding future energy security and stability while
balancing the use of oil, gas, hydroelectricity, and coal.[42] Besides, the National
Energy Balance (NEB) was initiated in order to support energy formulation.[43] It acts as a
reference for providing energy data, regardless of the fuel type, and assists
in formulating new policies.[44]
The implementation of the Four-Fuel Diversification
Policy was used to reduce overdependence on oil for energy consumption and to
secure future oil supplies.[45]
Besides, it also encourages diversification of energy and calls for the
balanced deployment of oil, gas, hydropower, and coal since coal has been
easily accessed through low prices.[46]
Later in 2000, the Four-Fuel Policy was amended into the Five-Fuel Policy.[47] The policy
expanded to include renewable energy (RE) as the fifth fuel used to supplement
the energy supply and create more sustainable energy for the future.[48] This policy’s
objective was to achieve the installation of 500 MW of grid-connected renewable
power by 2005, equivalent to 5 per cent of the total energy demand.[49]
While the Fifth Fuel Policy aimed for a challenging target of 500MW renewable
integration by 2005, only partial progress was achieved. Critics contend that
the expansion of biofuel, particularly oil palm biodiesel, has prompted land
use alterations and possible displacement. The policy's definitions of Green
Technology highlight energy efficiency, but the absence of consistent
enforcement mechanisms remains a significant flaw.
As one of the major producers and exporters of palm
oil globally, and to promote the product, the Malaysian government introduced
the National Biofuel Policy 2006.[50]
Apart from reducing dependency on fossil fuels, biofuel is an alternative and
environmentally-friendly energy source specially designed for the
transportation sector.[51]
The National Green Technology Policy (NGTP), a landmark in the Tenth Malaysia
Plan, is another tool used to increase the utilization of alternative and RE
sources.[52]
This policy is founded on four major principles, including energy, environment,
economy, and social perspectives.[53]
Green Technology shall be a driver to accelerate the national economy and to
promote sustainable development.[54]
In 2010, the Green Technology Financing Scheme (GTFS)
was launched to enhance the supply and deployment of green technology (GT).[55] This scheme
offers a positive impact for the producers and users of green technology.[56] The government
has allocated RM 3.5 billion to achieve targets.[57] At the same time,
subsidies, government guarantee ratios, and bank loan amounts are provided
under the scheme, and GT producers are eligible for a maximum of RM50 million
loan.[58]
It can be concluded that GTFS has successfully supported 226 green
technology-related projects and provided vast numbers of jobs within the green
energy sector.[59]
The green certified projects, which have been initiated under the scheme, have
also significantly reduced carbon emissions.[60]
These initiatives are vital to support many targets under the SDGs.[61] In addition,
the National Green Technology Master Plan (2017-2030) was launched to assist in
achieving the NGTP objectives and position Malaysia as a green technology hub
by 2030.[62]
The energy sector has become one of the strategic focuses of the plan with respect
to increasing renewable energy generation and improving energy efficiency.[63]
The New Energy Policy (2011-2015) also provided
measures to encourage energy efficiency in order to preserve the country’s
energy security and supply.[64]
Furthermore, in 2009, the government implemented the National Renewable Energy
Policy and Action Plan (NREPAP) as a mechanism used to resolve the failure of
not achieving the target of 5 per cent renewable energy within the energy mix.[65] The crucial
part of this policy has been to demonstrate the importance of utilizing
renewable resources, primarily to ensure a better environment in the future.[66]
All these national policies are directly linked to targets under SDGs,
including SDG 1 (No Poverty), SDG 7 (Affordable and clean energy), SDG 8
(Decent work and economic growth), SDG 11 (Sustainable cities and communities),
SDG 12 (Responsible production and consumption), and SDG 13 (Climate Action).[67]
At a regional level, the Association
of Southeast Asian Nations (ASEAN) is the best platform for addressing the
economic efficiency and sustainability measures that nations must implement to
meet the SDGs. [68]
In this respect, ASEAN recognises the need to strengthen the regional response
to global development objectives such as the energy-related SDGs through the
ASEAN Plan of Action for Energy Cooperation (APAEC).[69]
Although multiple policies have been
introduced to support the Sustainable Development Goals (SDGs), Malaysia
encounters implementation challenges that could foster inequality and injustice
in both the energy sector and society at large.[70] Critics
contend that the Eleventh Malaysia Plan (11MP) and the country's approach to
the SDGs exhibit neoliberal biases reminiscent of earlier development plans,
favouring economic growth at the expense of social equity.[71] This
focus has seemingly hindered progress in tackling distributional concerns like
socioeconomic inequality and marginalisation.[72]
1.1. Problems and Challenges in the Implementation of SDGs
Malaysia shows a strong commitment to
the Sustainable Development Goals (SDGs) through its focus on environmental
protection and human rights.[73]
The country has committed to reducing its economy-wide carbon intensity by 45%
by 2030 compared to 2005 levels, reflecting its alignment with the Paris
Agreement objectives.[74]
Nonetheless, despite actively working on the SDGs, Malaysia faces certain legal
challenges that could impede progress, potentially resulting in issues like
oppression, inequality, and environmental and social injustices.[75]
Below are examples of legal problems and challenges in the implementation of
SDGs:
1.1.1. Environmental Issues
Malaysia’s dedication to the
Sustainable Development Goals (SDGs)-especially SDG 13 (Climate Action), SDG 15
(Life on Land), and SDG 16 (Peace, Justice, and Strong Institutions)-confronts
various legal challenges that hinder environmental justice and proper
execution.[76]
While there are thorough national policies aimed at fostering sustainability,
inconsistencies within legal frameworks and overlapping jurisdictions have
resulted in notable obstacles to governance and enforcement.[77]
A key case illustrating this issue
is Ketua Pengarah Jabatan Alam Sekitar & Anor v Kajing Tubek &
Ors, which centred on a conflict regarding the Bakun Hydroelectric Dam
project.[78]
The main legal question was whether the federal Environmental Quality
(Prescribed Activities) (Environmental Impact Assessment) Order 1974 (EQA) or
Sarawak's Natural Resources and Environment (Prescribed Activities) Order 1994
should apply to the project.[79]
The Court of Appeal ultimately determined that Sarawak’s legislation had
precedence, referencing Articles 73 to 77 of the Federal Constitution, which
provide the state with legislative authority over land and environmental
issues.[80]
While this ruling solidified Sarawak’s independence, it also highlighted the
legal fragmentation between federal and state authority, prompting concerns
about Malaysia’s capacity to uphold uniform environmental standards across the
country.[81]
A major challenge remains unregulated
logging, which threatens the environment through deforestation, biodiversity
loss, and water pollution.[82]
In 2021, satellite images of Tasik Kenyir highlighted alarming tree cover loss,
prompting public concern about illegal logging.[83] However,
investigations showed that this logging had government approval, and officials
opted to review the licenses issued instead of suspending them.[84] This situation
reveals a larger problem: the lack of clear, unified logging laws and deficient
transparency and accountability measures at the state level. Such uncertainties
hinder Malaysia’s efforts toward environmental protection and sustainable development.[85]
Overall, these examples demonstrate that although
Malaysia has created frameworks in line with the SDGs, their implementation
faces significant legal structural hurdles.[86]
Disparities between federal and state laws, ineffective enforcement, and
insufficient oversight are major contributors to environmental injustices.[87]
If these issues are not resolved, they may persist in hindering Malaysia’s
journey towards an equitable and sustainable environmental future.[88]
1.1.2. Dam Management Issues
Dam management has increasingly
become a focal point in policy and environmental discussions, particularly
concerning several Sustainable Development Goals (SDGs)- including SDG 6 (Clean
Water and Sanitation), SDG 7 (Affordable and Clean Energy), SDG 12 (Responsible
Consumption and Production), SDG 13 (Climate Action), SDG 15 (Life on Land),
and SDG 16 (Peace, Justice, and Strong Institutions).[89] In Malaysia,
many dams have been built mainly for generating electricity and controlling
floods. Effective legal and regulatory frameworks are crucial for the proper
governance of dam systems.[90]
Nevertheless, even with existing legal measures, enforcement often remains
inconsistent, leading to operational difficulties for the responsible
authorities.[91]
Malaysia’s dam infrastructure is
vulnerable to various issues, including disruptions to water catchments, aging
structures, climate change effects, landslides, and possible seismic threats.
Instances of unauthorized constructions, such as makeshift stalls, along with
unregulated activities like illegal fishing and waste dumping in dam areas have
been observed, contributing to ecosystem stress.[92] A major
concern is the lack of current dam safety legislation, compelling authorities
to depend on non-binding guidelines, such as the Malaysia Dam Safety Management
Guidelines (MyDAMS 2017).[93]
In contrast, nations like the United States and Australia have implemented
specific Dam Safety Acts that mandate safety inspections and risk management
protocols.[94]
In light of these challenges, the
Malaysian government has recognized the necessity of a specific Dam Safety Act,
which is currently under review and is not expected to be enacted until 2026.[95]
Thus, dam management in Malaysia is at the intersection of human and
environmental governance, demanding more cohesive and enforceable legal
standards.[96]
1.1.3. Inequality, Income, and Imbalanced Economic
Growth
Natural resource extraction has made
a considerable contribution to the Malaysian economy as a whole.[97]
However, industry growth and development do not always result in significant
economic ties to the local economy in which the industry is located and do not
contribute to the well-being of local households.[98] Therefore, it
may hinder the implementation of SDG 1 (No Poverty), SDG 7 (Affordable and
Clean Energy), SDG No. 8 (Decent Work and Economic Growth), SDG 9 (Industry,
Innovation and Infrastructure), SDG 10 (Reduced Inequalities), SDG 12
(Responsible Consumption and Production), and SDG 16 (Peace, Justice and Strong
Institutions).[99]
The scenario can be seen in the case
of Sarawak, one of the states in Malaysia. According to a study,[100]
the regional impacts of economic growth due to the energy sector (petroleum
activity) in Sarawak can be seen in the following Figure 1:
Figure 2: Employment Multiplier for Sarawak for Every Million Ringgit
of Final Demand[107]
Based on the data presented above, it
is possible to deduce that the comparison of Figure 1 and Figure 2 demonstrates
unequivocally that the Crude Oil and Natural Gas, Petroleum Refining, and
Forestry and Logging businesses all contribute far more to economic growth than
they do to employment.[108]
This is empirically correct, as the Crude Oil and Natural Gas industry has the
most significant value-added influence, yet the Agriculture industry generates
more jobs.[109]
Furthermore, among the three industries, Forestry and Logging are considered
the least capital-intensive, followed by Crude Oil and Natural Gas and
Petroleum Refining. As a result, Forestry and Logging generate ten jobs for
every million Ringgit increase in final demand, compared to Crude Oil and
Natural Gas, and Petroleum Refinery, each of which generates roughly one job.[110]
The above study explains why
Sarawak’s average monthly household income is lower than the national average
and why Sarawak is the country’s second poorest state, even though the state is
Malaysia’s primary petroleum producer.[111]
In addition, the following statement strengthens the finding:
While there is more of the same in
terms of taxpayer-derived funding and ‘business-as-usual opportunities for
selected industry and sectoral players, such as in oil and gas, the 11MP,
therefore, manifests little hint of being truly transformative or innovative in
changing the fortunes and future of the many medium and low-income-earning
businesses and workers by way of redistributive justice in the economy. While
subsidies and privileges granted to big business (in particular, utility
providers and other GLCs, industrial players, manufacturers, and exporters) are
not seen as transfer payments, such perks are in effect forms of corporate
subsidies. Subsidies and transfers should rightfully be going towards the poor
and low-to-middle-income groups who need them the most.[112]
It is argued that the problems
mentioned above regarding SDG implementation can be solved and achieved if they
are strengthened by proper legislation and policies that incorporate the
underlying concepts of energy justice and Maqasid al-Shariah.
2. The Concept of Energy Justice and Maqasid Al-Sharia
Energy justice evolved historically
from environmental justice[113]
and continues as a developing ideology that prescribes moral, philosophical,
and ethical movements that share environmental, atmospheric, and climate
justice theory.[114]
It is one of the seven principles that define energy law theory and is said to
be rapidly evolving in light of the theory’s relevance; the other six
principles are sovereignty over natural resources, access to modern energy
services, prudent, rational, and sustainable resource use, environmental
protection, human health, and climate change.[115]
Energy justice presumes to consider
the fairness of the interconnected privileged and underprivileged groups in
addressing moral intuition.[116]
“With effective energy legislation, energy law can make several major
contributions to a nation economically and environmentally”, and it will uphold
energy justice.[117]
The repercussions of the positive social affiliation between the private
sector, government, and public are significantly affecting global climate
change and intergenerational justice.[118]
Energy justice can be classified further under three tenets: procedural,
recognition, and distributive justice.
2.1. Procedural Justice
Procedural justice is concerned with
the engagement of all stakeholders in fair and non-discriminatory procedures
and practices.[119]
It is an application that can be accepted by facilitating the individuality
function and encouraging participation in the structural concepts of authority,
cultural traditions, and common ideas adopted in society.[120] Such a
concept addressed the engagement of impacted stakeholders in decision-making by
authorities, which must be fair and just, protected by enough legislation in
compensating, and all choices must be made transparently and openly to avoid
creating unjust outcomes.[121]
Procedural justice encourages the engagement of all impacted actors in energy
decision-making, and the option must take reasonable account of each of the
risks affecting each of them by establishing a significant distribution of
benefits.[122]
The participation of communities directly affected by the project must be
incorporated into the discussions, and they must represent themselves in
neutral arbitrations that serve as a forum for grievances.[123] Incorporating
morality into decision-making demonstrates the need to broaden the idea of
social justice, which should encompass not only government actions and
policies, economic development, and rising technologies, per se. Procedural
justice can assist in resolving the concerns raised in the previous cases. For
instance, both the federal and state governments in Malaysia may confer with
essential stakeholders and develop a comprehensive strategy to ensure that the
communities immediately impacted by the project are adequately cared for.
2.2. Recognition, Justice, and Distributive Justice
Recognition injustice depicts a
contemptuous, insulting, and degrading process that devalues some people’s
identities in comparison to others.[124]
Therefore, it is vital to determine whether communities have been damaged by
energy infrastructure and misled or ignored during decision-making to achieve
justice.[125]
Recognition justice seeks to protect all people from bodily damage and
devaluation, secure their worth, and ensure their democratic liberties are
equitable.[126]
It is therefore critical to analyse which segments of society are marginalised
or distorted.
On the other hand, distributional
justice, also known as distributive justice, is derived from the idea of
“physically unequal allocation and ills” and “uneven distribution of their
associated responsibilities”.[127]
It is a dimensional concept that perceives the relationship between evolving
technology and designated livelihoods.[128]
Distributional injustice disproportionately harms the poor and less powerful
social groupings.[129]
However, while it does not directly target impoverished people, the
government’s choice must promote fairness throughout, rather than focusing
exclusively on developer or company gains.[130]
Distributive justice is claimed as a right of individuals against the state’s
or authority’s intervention in a capitalist act or decision. In this regard, it
is used as a technique for achieving societal order and balance.[131]
In short, the concept confers the choice on distributional being factored
either due to demands, wants, entitlements, or any other unique necessity to
satisfy the requirement, and it shall be proper.[132]
By applying the principles of
recognition justice and distributive justice, the case mentioned above in
Sarawak, for example, may be resolved. Local communities should have their
rights recognised and should not be marginalised for whatever reason. This recognition
should be reflected in policymaking and legislative enactment. Besides, the law
and policy should not disproportionately harm the poor and less powerful social
groupings. The relevant authority must support overall fairness rather than focus
primarily on the developer or corporate profits. As a result, it will
contribute to the successful implementation of SDG 1 (No Poverty), SDG 7
(Affordable and Clean Energy), SDG 8 (Decent Work and Economic Growth), SDG 9
(Industry, Innovation, and Infrastructure), SDG 10 (Reduced Inequalities), SDG
12 (Responsible Consumption and Production), and SDG 16 (Peace, Justice and
Strong Institution).
3. The Concept of Maqasid Al-Sharia
Additionally, it is argued that the
SDGs can be implemented successfully if the policies and laws introduced
consider the Maqasid al-Shariah. Maqasid al-Shariah is a general
term that comprises two words: Maqasid (i.e., objective or purpose) and al-Shariah
(i.e., Islamic Law). While Maqasid al-Shariah is commonly recognised
as the purposes and objectives of Islamic Law, Shariah is generally
interpreted in a larger sense and scope rather than as the sphere of ‘Islamic
law’.[133]
This is because Shariah encompasses the entirety of Islamic life,
including beliefs, morals, virtues, guiding principles, and economic,
political, cultural, and civilisational issues that affect not only the Muslim
community but also the rest of humanity.[134]
Conventionally, the Maqasid
al-Shariah is categorised according to the hierarchy of needs and takes
precedence over the priorities they signify.[135]
This classification, which is the first, most well-known, and most significant
classification of the Maqasid al-Shariah, separates them into three
hierarchical levels: Dharuriyyah (Necessity), Hajiyyah (Compliment),
and Tahsiniyyah (Refinement).[136]
Meanwhile, the Dharuriyyah (Necessity) can be classified into five
components: Deen (Religion), ‘Aql (Intellect), Nafs
(Self), Mal (Wealth/Property), and finally Nasl (Progeny/
Lineage).[137]
In essence, Maqasid al-Shariah is a set of Islamic principles underlying
Islamic law that serves as the basis for establishing rulings.[138] The following
Diagram 1 shows the correlation between Islamic Law, Maqasid al-Shariah,
and the five components under the first hierarchy of needs, i.e., Dharuriyyah
(Necessity):
Figure 3: The correlation between Islamic Law, Maqasid al-Shariah,
and the Hierarchy of Needs.[139]
A jurist cannot issue a verdict
without considering the gain and harm associated with it. Indeed, a topic like
sustainable development, which is primarily concerned with bringing prosperity
to the global community, could be classified in Islam as an attempt to
eliminate anything harmful not only to human societies but also to the
ecosystems that surround them, such as animals and plants, and energy, to bring
about sustainable welfare. This is because Islam, as a universal religion,
extends its concern for life to the entire biosphere.
Additionally, a few Islamic
approaches in Qur’an and Hadith (i.e. the sayings of the Prophet
Muhammad PBUH) can be applied as a means of comprehending Maqasid al-Shariah
and attaining SDG No. 1 (No Poverty), SDG No 6 (Clean Water and Sanitisation),
SDG No. 7 (Affordable and Clean Energy), SDG No. 8 (Decent Work and Economic
Growth), SDG No. 9 (Industry, Innovation, and Infrastructure), SDG No. 10
(Reduced Inequalities), SDG No. 12 (Responsible Consumption and Production),
SDG No. 13 (Climate Action), and SDG No. 16 (Peace, Justice and Strong
Institution) which can be seen in Table 2 below:-
Table 2: The SDGs and Islamic
Approaches in Qur’an and Hadith
|
Type of SDG
|
Islamic
Approach
|
|
SDG 1
(No Poverty)
|
And worship Allah, and do not
associate anyone with Him and do good to parents, relatives and orphans, the
needy, the near neighbour (relatives) and the distant neighbour
(non-relatives) and the companion of your side and the wayfarer. Qu'ran, Surat An-Nisa (The Women) 4:36
Do you know what the rights of
neighbours are? Help them when they need your help, give them loans, if they
are poor, spend upon them, if they are sick, visit them, if they are happy,
greet them, and if they are sad, share their sorrow, if they die, participate
in their funeral, . . . I swear in the name of the One in Whose custody is my
life, no one fully fulfils the rights of neighbours except very few among you
upon whom Allah showers His Mercy. (Hadith
Al-Baihaqi)
|
|
SDG 6
(Clean Water and Sanitisation)
|
According to Abu Hurairah, the Messenger of Allah
(Peace Be Upon Him) prohibited relieving in a water source, on a path, in a
shade location, or the burrow of a departing creature. (Hadith)
The teaching stresses Islam’s emphasis on avoiding
contamination of critical resources and emphasising the importance of
cleanliness.
|
|
SDG 7 (Affordable and Clean Energy)
|
Oil, water, and Pastures are the
whole community’s resources.
The Muslims are partners in
three: water, pastures, and fire (Hadith Ahmed,
ibn Majah)
“Fire” refers to any natural
resource utilised to generate heat and energy, such as wood, coal, or oil.
Other narratives indicate that individuals may possess and sell water if the
group is not in desperate need of it. These narrations demonstrate that whatever
the community requires must be offered and cannot be withheld privately to
the detriment of the people. Thus, the state ensures that citizens have
access to sufficient water and electricity to meet their needs and all public
utilities as required by time and location.
|
|
SDG 8 (Decent Work and Economic Growth);
SDG 9 (Industry, Innovation, and Infrastructure);
SDG 10 (Reduced Inequalities)
|
Help one another in al-Birr and
at-Taqwa (virtue, righteousness and piety); but do not help one another in
sin and transgression. And fear Allah. Verily, Allah is severe in punishment.
Qur'an, Surat Al-Ma'idah (The Table Spread) 5:2
Prophet Muhammad (peace be upon
him) said: “The relationship between one believer and another is like a
structure, parts of which support other parts,” and he interlaced his fingers. (Hadith Al-Bukhari and Muslim)
And he said: “The similitude of
believers in regard to mutual love, affection, fellow-feeling is that of one
body; when any limb of it aches, the whole-body aches, because of
sleeplessness and fever.” (Hadith Al-Bukhari and
Muslim)
|
|
SDG 12 (Responsible Consumption and Production)
|
It is He who has appointed you viceroys in the
earth … that He may try you in what He has given you. Qu'ran, Surat
Al-An'am (The Cattle) 6:165
O children of Adam! … eat and drink: but waste
not by excess, for Allah loves not the wasters. Qur'an, Surat Al-A'raf
(The Heights) 7:31
Prophet Muhammad (SAW) encouraged the planting of
trees and agricultural cultivation, which are considered good acts. This is
illustrated in the following traditions: Narrated by Anas bin Malik (RA)
that Allah’s Messenger (SAW) said: “There is none amongst the Muslims who
plants a tree or sows seeds, and then a bird, or a person or an animal eats
from it, but is regarded as a charitable gift for him.” (Hadith
Bukhari).
Islam is against the cutting or destruction of
plants and trees unnecessarily, as is evident in the following Hadith:
Abdullah ibn Habashi reported that Prophet Muhammad (SAW) said: “He who cuts
a lote-tree [without justification], Allah will send him to Hellfire.” (Hadith
Abu Dawud).
|
|
|
|
|
SDG 13 (Climate Action)
|
Do
good to others as God has done good to you. Do not seek to spread corruption
in the land, for God does not love those who do mischief. Quran, Surat
Al-Qasas (The Stories) 28:77.
Do no mischief on the earth, after it hath been set
in order. Qur'an, Surat Al-A'raf (The Heights) 7:56.
Corruption has appeared in both
land and sea. Because of what people’s own hands have brought. So that they
may taste something of what they have done. So that hopefully they will turn
back. Quran, Surat Ar-Rum (The Romans) 30: 41.
|
|
SDG 16
(Peace, Justice, and Strong
Institution)
|
God commands justice and fair
dealing... Quran, Surat Al-Nahlu (The Bee) 16:90.
God
commands you [people] to return things entrusted to you to their rightful
owners, and, if you judge between people, to do so with justice: God’s
instructions to you are excellent, for He hears and sees everything. Surat An-Nisa (The
Women) 4:58.
...And act justly. Indeed, Allah
loves those who are just. Qur'an, Surat
Al-Hujurat (The Rooms) 49:9.
The Prophet PBUH said, “When two
people come to you asking you to judge between them, do not rule in favour of
one until you hear the account of the other, for you will soon come to know
of how to pass the judgement.” (Hadith
At-Tirmidhī).
It is part of Allah’s Mercy that
you deal with them gently. If thou hadst been stern or harsh-hearted, they
would have broken away from around thee: therefore overlook (their flaws),
and seek (Allah’s) forgiveness for them, and consult them in affairs (of the
moment). Then, once you’ve made a decision, place your trust in Allah.
Because Allah loves people who place their trust (in Him). Quran, Surat Al-Imran (Family of Imran) 3:159.
|
4. Discussion
This section analyzes the study's
findings by linking the theoretical frameworks of energy
justice and Maqasid al-Shariah to the practical
challenges Malaysia faces in achieving the Sustainable Development Goals
(SDGs). While Malaysia’s development plans, such as the 11MP, 12MP, and the
National Energy Transition Roadmap, demonstrate commendable ambition, they fall
short in embedding justice-oriented principles. For instance, although the 12MP
refers to inclusivity and resilience, there is minimal procedural justice in
the way indigenous energy needs are addressed. Furthermore, distributive
justice concerns are evident in energy access inequality between Peninsular
Malaysia and Sabah/Sarawak. By applying Maqasid, the deficiency in
environmental preservation mechanisms becomes apparent, especially in the
absence of legally binding climate commitments. Moreover, an assessment of
Malaysia’s Four-Fuel and Five-Fuel Diversification strategies, along with the
Green Technology Master Plan, shows uneven adherence to justice principles.
Although these policies aim to promote affordability and energy
diversification, they often neglect Indigenous participation (procedural
justice), fail to ensure fair energy access (distributive justice), and
overlook those displaced by infrastructure projects (recognition justice).
Incorporating Maqasid principles like maslahah and adl would
require inclusive consultations, promote intergenerational equity, and
highlight ecological conservation as vital to public welfare. This analysis
reveals both policy fragmentation and missed opportunities to leverage Islamic
legal ethics as part of Malaysia’s development narrative.
4.1. Integrative Value of Energy Justice and Maqasid
al-Shariah
The shared dedication of energy
justice and Maqasid al-Shariah to social equity, environmental
sustainability, and human dignity creates a robust foundation for implementing
SDGs. Energy justice aims to guarantee fair processes, equal acknowledgment,
and fair distribution of energy rewards and responsibilities. Likewise, Maqasid
al-Shariah, especially through its core principle of Dharuriyyah (necessities),
highlights the importance of protecting essential human interests, including
life (Nafs), intellect (Aql), property (Mal), lineage (Nasl),
and faith (Deen). These priorities resonate closely with the concepts of
distributive and recognition justice in energy governance. By prioritizing
ethical values and inclusive policies, both frameworks contribute to the
development of energy systems that are not only technically efficient but also
socially just and morally grounded.
4.2. Application to Policy Gaps
A major issue facing Malaysia's
energy sector is the ongoing lack of electricity access in off-grid and rural
areas. This situation raises concerns about procedural justice, as these
communities are frequently marginalized in decision-making regarding energy
infrastructure developments. From the Maqasid viewpoint, their exclusion
contradicts the safeguarding of Nafs (life) and Nasl (progeny),
both of which require basic energy access for health, survival, and family
welfare. Additionally, energy development leads to environmental harm, like
unregulated logging and poor dam management, that threatens the protection
of Mal (property) and Nafs (life), thereby
breaching both Maqasid principles and the foundations of climate and
environmental justice. Tackling these challenges through the lenses of energy
justice and Islamic legal principles ensures the protection of vulnerable
communities and ecological systems.
4.3. Skills Development and Employment
The development of human capital plays a vital role in
both sustainable development and Maqasid al-Shariah. The government's
focus on Technical and Vocational Education and Training (TVET) and Industry
4.0 (IR4.0) initiatives aligns with Maqasid goals, specifically the
preservation of Aql (intellect) and Mal (wealth/property).
These policies strive to improve workforce readiness, minimize inequalities,
and encourage economic participation, objectives that complement the notion of
distributive justice. By incorporating these approaches within the broader SDG
framework, Malaysia can tackle structural unemployment and bridge skills gaps
while adhering to the ethical principles of social inclusion and justice.
4.4 Legislative Implications
The analysis highlights a crucial
need for legal reforms that explicitly integrate the principles of energy
justice and Maqasid al-Shariah. While Malaysia's current energy and
environmental laws provide a foundational framework, they often fall short in
fostering community participation, equitable benefit-sharing, and environmental
stewardship. Introducing legislation that embodies modern energy justice
principles alongside Islamic ethical values would encourage a more
comprehensive and inclusive governance model. These laws should emphasize
transparency, fairness, and sustainability, ensuring that development outcomes
align with the higher objectives of Shariah and the universal ideals of
justice and equity, SDGs.
The following Table 3 illustrates the
integration of the principles of energy justice and Maqasid al-Shariah:
Table 3: The integration of the
principles of energy justice and Maqasid al-Shariah
|
SDGs
|
Strategy
|
Energy
Justice Approach
|
Maqasid al-Shariah Approach
|
|
SDG 1
(No Poverty)
|
To reduce the number of
the absolutely poor
|
Distributive
Justice
Procedural
Justice
Recognition
Justice
|
Dharuriyah
(necessity)
- Deen (Religion)
- ‘Aql (Intellect)
- Nafs (Self)
- Mal (Wealth/ Property
- Nasl (Progeny/Lineage)
|
|
SDG 6
(Clean Water and
Sanitation)
|
To achieve 95% of the
population, get access to water as a basic need
|
|
SDG 8 (Decent Work and
Economic Growth), SDG 9 (Industry, Innovation, and Infrastructure), and SDG
10 (Reduced Inequalities)
|
To expand the skilled
and highly educated workforce, as well as the learning society and
outcome-based education.
|
|
SDG 7 (Affordable and
Clean Energy),
SDG 12 (Responsible
Consumption and Production),
SDG 13
(Climate Action),
SDG No. 16 (Peace and
Strong Institutions)
|
The nexus between these
three goals relying upon each other as it was mainly reported that the law
and regulations as the mechanism to control the goals
|
5. Conclusion and Recommendations
The nexus between the implementation
of Maqasid al-Shariah and energy justice in their entirety yields the
best outcome in terms of progress toward achieving the 2030 goals. To ensure
relevance to the SDGs and energy justice, it is necessary to focus on their
implementation in light of Maqasid al-Shariah. While energy justice
emphasises procedural, distributive, and recognition justice, Maqasid
al-Shariah prioritises Dharuriyyah (Necessity), Hajiyyah (Compliment),
and Tahsiniyyah (Refinement) according to the hierarchy of needs in
formulating policy. The Dharuriyyah (Necessity) is viewed through the
aspect of five essential components. Specifically, the preservation of Deen
(Religion), ‘Aql (Intellect), Nafs (Self), Mal
(Wealth/Property), and lastly Nasl (Progeny/Lineage).
It is critical to determine the
population of a particular community based on its geographical location in
Malaysia for the authorities to ascertain the precise situation of poverty and
inequality in access to basic needs such as electricity. Therefore,
the principle of energy justice will be justified in terms of its goal when it
reaches those communities, and Maqasid al-Shariah will utilise its
concept of Dharuriyyah (Necessity) directly in situations where it is
necessary to fulfil the enjoyment of life.
The principles of energy justice and Maqasid
al-Shariah are required to administer variations from the government’s
actual plans and make appropriate laws and policies. As is the case in
Malaysia, for example, access to electricity and energy can be regarded as the
desire of every household in the country to illuminate their homes to
facilitate daily activities, and they are perceived as the Dharuriyyah (Necessity)
for preservation of Nafs (Self) and Nasl (Progeny/Lineage).
Therefore, the concerns on the access to electricity shall be looked upon
people living in the rural and off-grid area which probably affected due to
health problems, loss of job and even the death of the leader of the family
which creates the problem on the demand and affordability towards the basic
needs of electricity and they still prefer to conventional cooking rather than
clean cooking as it is cheap. As a result, government incentives to support and
subsidise individuals living in rural and off-grid areas will continue to
increase and accelerate to meet their energy and clean cooking needs.[140]
As such, the government, under the principle of procedural justice, shall
collaborate with relevant agencies and stakeholders to ascertain which
communities remain impacted by the lack of access to electricity and clean
cooking.
This study concludes that combining
energy justice principles with the Maqasid al-Shariah
framework creates a comprehensive and ethically informed strategy to enhance
Malaysia’s progress towards the SDGs. The synergistic relationship between
these two frameworks—where energy justice advocates for procedural fairness,
equitable resource distribution, and advocacy for marginalized communities,
while Maqasid al-Shariah focuses on safeguarding fundamental human
interests—allows for the formation of just and sustainable energy policies.
This dual approach guarantees that development strategies align not only with
global sustainability standards but also firmly embrace Islamic ethical values
of justice, compassion, and harmony.
This study's findings show that
current challenges facing Malaysia’s energy policy—specifically access
inequalities, environmental harm, and socioeconomic disparities—can be better
tackled through the activation of both frameworks. The safeguarding of Nafs (life), Aql (intellect),
and Mal (wealth), as highlighted in Maqasid al-Shariah,
aligns closely with the fundamental objectives of the SDGs aimed at eradicating
poverty, ensuring quality education, providing clean energy, and promoting
climate action. Based on these findings, this paper recommends that: (1) the
integration of Maqasid principles, particularly maslahah and hifz
al-bi’ah—into Malaysia’s energy and climate legislation; (2) the
institutionalization of procedural justice mechanisms through mandatory public consultations,
especially involving Orang Asli and East Malaysian communities; (3) the
establishment of a national SDG-coherence audit unit to identify and remedy
policy misalignments; and (4) the enactment of a Climate Change Act that
anchors distributive and environmental justice in enforceable legal standards.
Integrating Malaysia’s SDG strategy with the core
tenets of energy justice and Maqasid al-Shariah ensures that
sustainable development remains inclusive and ethically grounded, fostering a
future that is equitable, robust, and in harmony with the nation's
socio-religious principles. Additionally, practical measures such as
environmental conservation, balanced living, and fostering human harmony must
be prioritized. As previously mentioned, Islamic teachings from the Quran and
Hadith indicate that “justice” is not solely the responsibility of
policymakers, governments, or major institutions; rather, it should be Syumul
(all-encompassing) and address all circumstances. This perspective
emphasizes that development, management, and daily operations involve
coordination and democratic practices across the organisational framework,
connecting users with agencies that can tackle both the essential and
accountability aspects of energy justice and Maqasid al-Shariah. Both
concepts support justice as a solution to challenges and will guide the
government in ensuring Malaysia aligns with the Sustainable Development Goals
(SDGs). If national goals are not met, the country risks falling behind and
becoming irrelevant compared to other developing nations. Incorporating Maqasid
al-Shariah into policies and practices related to the SDGs can help ensure
the management of resources is fair, equitable, and sustainable. By aligning
the shared goals of Maqasid al-Shariah and energy justice, policymakers
and practitioners can create SDG frameworks that not only fulfill societal
needs but also improve community well-being and prosperity while respecting
environmental responsibilities in a manner.
Bibliography
I. Books:
Abdul Haseeb Ansari,
Energy Law in Malaysia (Kluwer Law International BV 2018)
Jasser Auda, Maqasid
al-Shariah as Philosophy of Islamic Law: A Systems Approach (International
Institute of Islamic Thought 2008)
II. Articles
Abbas J Ali and Abdullah
Al‐Owaihan, ‘Islamic Work Ethic: A Critical Review’ (2008) 15 Cross
Cultural Management: An International Journal 15
Aan Jaelani and others,
‘Energy Conservation and Energy Management for Industry in Indonesia in Islamic
Economic Perspective’ (2020) International Journal of Energy Economics and
Policy 10
Ahmad Abedi Sarvestani,
‘Insights into Self-Knowledge from Islamic Teachings: A Path Towards Ethical
Environmental Stewardship within the Framework of the SDGs’ (2024) 25 Profetika
Jurnal Studi Islam 188, 200–202 accessed 2 April 2025
A L Maulud and Hamdani
Saidi, ‘The Malaysian Fifth Fuel Policy: Re-strategising the Malaysian
Renewable Energy Initiatives’ (2012) 48 Energy Policy 88 accessed 2 April 2025
Benjamin K Sovacool and
others, ‘Energy Decisions Reframed as Justice and Ethical Concerns’ (2016) 1
Nature Energy 1
Burns H Weston, ‘Climate
Change and Intergenerational Justice: Foundational Reflections’ (2008) 9
Vermont Journal of Environmental Law 375
Caroline Damgaard, Darren
McCauley and Jed Long, ‘Assessing the Energy Justice Implications of Bioenergy
Development in Nepal’ (2017) 7 Energy, Sustainability and Society
Chakrin Utit and others,
‘Regional Economic Impacts of Natural Resources: The Case of Petroleum and
Forestry and Logging in Sarawak’ (2020) 21 International Journal of Business
and Society 898
Gordon Walker, ‘Beyond
Distribution and Proximity: Exploring the Multiple Spatialities of
Environmental Justice’ [2010] Spaces of Environmental Justice 24
Hidayat R, ‘Energy
Conservation and Energy Management for Industry in Indonesia in Islamic
Economic Perspective’ (2020) 10(3) International Journal of Energy Economics
and Policy 30
Kirsten Jenkins and
others, ‘Energy Justice: A Conceptual Review’ (2016) 11 Energy Research &
Social Science 174
Mohammad Abdullah, ‘Waqf,
Sustainable Development Goals (SDGs) and Maqasid Al-Shariah’ (2018)
International Journal of Social Economics 45
Mohammad Hossein Mohammadi
Ashnani and others, ‘A Source of Renewable Energy in Malaysia, Why Biodiesel?’
(2014) 35 Renewable and Sustainable Energy Reviews 244
Muhammad Zarunnaim Wahab
and Asmadi Mohamed Naim, ‘The Reviews on Sustainable and Responsible Investment
(SRIS) Practices According to Maqasid Shariah and Maslahah Perspectives’ (2021)
Etikonomi 20
Pari Shanmuga Raman
Gurusamy and Priya Darshene Janagaraj, ‘A Success Story: The Burden of
Maternal, Neonatal and Childhood Mortality in Rwanda - Critical Appraisal of
Interventions and Recommendations for the Future’ (2018) 22 African Journal of
Reproductive Health 9
Sabariah Yaakub and Nik Ab
Halim Nik Abdullah, ‘Towards Maqasid Shariah in Sustaining the Environment
through Impactful Strategies’ (2020) 5(1) International Journal of Islamic
Business 36–45 accessed 2 April 2025
Shaikh Mohd Saifudeen and
others, ‘Maqasid Al-Shariah as a Complementary Framework to Conventional
Bioethics’ (2014) Science and Engineering Ethics 20
Sharifah Faigah Syed Alwi
and others, ‘Examining Maqasid Al Shariah in Islamic Banks: Before and After
Value-Based Intermediation Implementation’ (2021) International Journal of
Academic Research in Business & Social Science
Shing Chyi Chua and Tick
Hui Oh, ‘Review on Malaysia’s National Energy Developments: Key Policies,
Agencies, Programmes and International Involvements’ (2010) 14 Renewable &
Sustainable Energy Reviews 2916
Thahirah Syed Jalal and
Patrick Bodger, ‘National Energy Policies and the Electricity Sector in
Malaysia’ (2009) 3rd International Conference on Energy and Environment 385
Noorjima Abd Wahab and others, ‘The
Assessment of Sedimentation Problems in Kenyir Hydropower Reservoir, Malaysia’
(2023) 15 Water 2375 https://doi.org/10.3390/w15132375 accessed 13 April 2026.
Yonglong Lu and others,
‘Policy: Five Priorities for the UN Sustainable Development Goals’ (2015) 520
Nature 432
Zulkifli Hasan, ‘The
Implications of Maqasid al-Shari’ah for Integrated Sustainability Practices
among Businesses: A Qualitative Inquiry’ (2023) https://www.emerald.com/insight/content/doi/10.1108/qrfm-09-2023-0222/full/pdf accessed 2 April 2025
III. Encyclopedias,
Manuals, and Handbooks
Australian National
Committee on Large Dams (ANCOLD), Guidelines on Dam Safety Management (2020)
Department of Irrigation
and Drainage Malaysia, Malaysia Dam Safety Management Guidelines (MyDAMS)
(2017) https://www.petra.gov.my/uploads/content-downloads/file_20241014220939.pdf accessed 3 April
2025
Department of Irrigation
and Drainage Malaysia, National Water Resources Study 2010–2050 (Ministry of
Environment and Water, 2011)
IV. PhD’s Theses
Farahdilah Ghazali,
Renewable Energy Law and Policy in Malaysia: A Critical Analysis (Kuala Lumpur:
Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia
2018.
V. Websites
(Includes institutional
reports, policies, and web publications)
APEC, ‘Malaysia’ in APEC
Energy Demand and Supply Outlook – 5th Edition (2013) https://www.apec.org/docs/default-source/Publications/2013/2/APEC-Energy-Demand-and-Supply-Outlook-5th-Edition/TOC/Malaysia.pdf accessed 2 April 2025
Asia Energy Efficiency and
Conservation Collaboration Center, ‘Malaysia 2. (2) A’ (2017) https://www.asiaeec-col.eccj.or.jp/wpdata/wp-content/uploads/stk_mala_2_2_a.pdf accessed 2 April 2025
Asia Pacific Energy
Portal, ‘National Green Technology Policy’ (2009) https://policy.asiapacificenergy.org/node/1287 accessed 2 April 2025
ASEAN Centre for Energy,
‘ASEAN Plan of Action for Energy Cooperation (APAEC) Phase II: 2021 - 2025’
(Association of Southeast Asian Nations (ASEAN), 2021) https://asean.org/wp-content/uploads/2023/04/ASEAN-Plan-of-Action-for-Energy-Cooperation-APAEC-2016-2025-Phase-II-2021-2025.pdf
accessed 3 October 2021
Association of Consulting
Engineers Malaysia (ACEM), ‘MyDAMS and Its Enforcements’ (2023) https://news.acem.com.my/mydams-and-its-enforcements/ accessed 3 April 2025
Bank Negara Malaysia,
Value-based Intermediation Financing and Investment Impact Assessment
Framework: Guidance Document (1 November 2019) https://www.bnm.gov.my/documents/20124/761679/VBIAF_Final+guidance+1.11.2019.pdf accessed 12 August 2025
Bank Negara Malaysia,
‘Governor’s Keynote Address at the 19th Kuala Lumpur Islamic Finance Forum
(KLIFF 2024)’ (BERNAMA, 5 November 2024) https://www.bnm.gov.my/-/g-spch-kliff24
accessed 12 August 2025
Department of Statistics
Malaysia, ‘Harnessing the Power of Data to Leave No One Behind’ (December 2024)
https://www.unescap.org/sites/default/d8files/event-documents/Agenda2-Malaysia_CST9_11-13Dec2024.pdf accessed 2 April 2025
Department of Statistics
Malaysia, ‘The Challenges and Solutions of Sustainable Development Goals (SDGs)
Implementation: Statistical Tracking and Reporting’ (July 2021) https://www.dosm.gov.my/portal-main/journal-document-log?journal_document_id=176 accessed 2 April 2025
Eco-Business, ‘GTFS yes to
188 green projects amounting to RM2.2 billion’ (9 September 2015) https://www.eco-business.com/news/gtfs-yes-to-188-green-projects-amounting-to-rm22-billion/ accessed 2 April 2025
Economic Research
Institute for ASEAN and East Asia, ‘Chapter 1. A Review of Energy Subsidy
Removals and Other Energy Policies in Malaysia’ (2016) 23 ERIA Research Project
Report FY2015 No.23 https://www.eria.org/RPR_FY2015_No.23_Chapter_1.pdf accessed 3 April 2025
Fauwaz Abdul Aziz,
‘Integrating the SDGs into National Development Plans’ (Social Watch) https://www.socialwatch.org/node/17340 accessed 4 April 2025
FinFormed, ‘Integrating
Ethics into Economics through Maqasid al-Shariah’ (2023) https://www.finformed.org/integrating-ethics-into-economics-through-maqasid-al-shariah/ accessed 2 April 2025
‘From MDGs to SDGs |
Sustainable Development Goals Fund’ https://www.sdgfund.org/mdgs-sdgs accessed 2 April 2025
Initiative for Energy
Justice, ‘Defining Energy Justice: Connections to Environmental Justice and
Environmental Racism’ (2019) https://iejusa.org/section-1-defining-energy-justice/ accessed 2 April 2025
Institute of Islamic
Banking and Insurance, ‘Maqasid al-Shari’ah and SDGs’ (2023) https://islamic-banking.com/maqasid-al-shariah-and-sdgs/ accessed 2 April 2025
International Monetary
Fund, ‘Financial Crisis Threatens Effort to Cut Poverty’ (IMF Survey online, 24
April 2009) https://www.imf.org/en/News/Articles/2015/09/28/04/53/sonew042409b accessed 2 April 2025
Islamic Finance Connect,
‘Maqasid and Sustainability – Partners in Progress or Worlds Apart?’ (2023) https://islamicfinanceconnect.com/maqasid-and-sustainability-partners-in-progress-or-worlds-apart/ accessed 2 April 2025
Malay Mail, ‘No Illegal
Logging at Tasik Kenyir, Says Forestry Dept’ (17 March 2021) https://www.malaymail.com/news/malaysia/2021/03/17/no-illegal-logging-at-tasik-kenyir-says-forestry-dept/1959016 accessed 3 April 2025
Ministry of Economic
Affairs Malaysia, SDG Roadmap for Malaysia Phase II: 2021–2025 (September 2024)
https://ekonomi.gov.my/sites/default/files/2024-09/SDGRoadmapforMalaysia_Phase2%282021-2025%29.pdf accessed 2 April 2025
Ministry of Energy, Green
Technology and Water Malaysia, National Green Technology Policy 2009 https://policy.asiapacificenergy.org/sites/default/files/National%20Green%20Technology%20Policy%202009.pdf accessed 2 April 2025
Ministry of Plantation
Industries and Commodities Malaysia, National Biofuel Policy (2006) https://policy.asiapacificenergy.org/sites/default/files/Malaysia%20Biofuel%20Policy.pdf accessed 2 April 2025
OECD, ‘Green Technology
Financing Scheme’ (2023) https://stip.oecd.org/stip/interactive-dashboards/policy-initiatives/2023%2Fdata%2FpolicyInitiatives%2F99997615 accessed 2 April 2025
OHCHR, ‘United Nations
Millennium Declaration’ https://www.ohchr.org/EN/ProfessionalInterest/Pages/Millennium.aspx accessed 2 April 2025
Prime Minister’s Office of
Malaysia, Green Technology Master Plan (2017) https://www.pmo.gov.my/wp-content/uploads/2019/07/Green-Technology-Master-Plan-Malaysia-2017-2030.pdf accessed 2 April 2025
SDGs Review, ‘SDG’s and
Maqasid Shariah Principles: Synergies for Global Prosperity’ (2023) https://sdgsreview.org/LifestyleJournal/article/view/1873 accessed 2 April 2025
Sustainable Development
Goals Fund, ‘SDG 10: Reduced Inequalities’ https://sdg-for-malaysian-states-sdsn.hub.arcgis.com/pages/sdg-10-reduced-inequality accessed 2 April 2025
The Halal Times, ‘Maqasid
Shariah and Sustainability: Forging a Just and Sustainable Future’ (2023) https://www.halaltimes.com/maqasid-shariah-and-sustainability-forging-a-just-and-sustainable-future/ accessed 2 April 2025
UNFCCC, ‘Green Technology
Financing Scheme (GTFS)’ (2010) https://unfccc.int/files/focus/mitigation/application/pdf/malaysia_presentation.pdf accessed 2 April 2025
UNFCCC, ‘Malaysia: First
Biennial Update Report to the UNFCCC’ (2015) https://unfccc.int/sites/default/files/resource/MALBUR1.pdf accessed 2 April 2025
United Nations, ‘The
Sustainable Development Agenda’ https://www.un.org/sustainabledevelopment/development-agenda/ accessed 2 April 2025
United Nations Development
Programme, ‘Malaysia: Good Practices’ (2017) https://www.undp.org/sites/g/files/zskgke326/files/migration/asia_pacific_rbap/Malaysia-Good-Practices.pdf accessed 2 April 2025
United Nations General
Assembly, Transforming Our World: The 2030 Agenda for Sustainable Development
(21 October 2015) UNGA Res 70/1, UN Doc A/RES/70/1 https://www.un.org/en/development/desa/population/migration/generalassembly/docs/globalcompact/A_RES_70_1_E.pdf accessed 2 April 2025
United Nations General
Assembly, United Nations Millennium Declaration (18 September 2000) UNGA Res
55/2, UN Doc A/RES/55/2 https://undocs.org/en/A/RES/55/2 accessed 13 April 2026
