Legitimacy and Legitimation: A Comparative Analysis of Islamic Law and European Standards through the Lens of SDG 16

Background: This study examines legitimacy and legitimation under Islamic law (Sharīʿah) and how they relate to social justice and the Sustainable Development Goals (SDGs). In Islamic jurisprudence, legitimacy flows from divine sovereignty expressed through the Qur’an, Sunnah, and scholarly consensus (ijmāʿ). This includes legal validity, moral authority, and spiritual accountability. Legitimation, by contrast, is a socio-legal process. Authority and institutions gain communal recognition through ijtihād, fatwas, and social practices. Understanding this relationship is crucial. It helps explain how Islamic law preserves justice, promotes accountability, and sustains institutional legitimacy within changing socio-political contexts. Building on this conceptual foundation, the study adopts a systematic methodology to examine these dynamics in greater detail. Methods: The study employs a qualitative, doctrinal, and comparative legal research methodology. Primary Islamic sources—the Qur’an, Hadith, and classical fiqh manuals —are analysed alongside modern constitutions, international legal frameworks, and institutional reports. The maqāṣid al-sharīʿah (higher objectives of Islamic law) framework guides the analysis, emphasising justice, dignity, and social welfare. Comparative perspectives are drawn from the European Convention on Human Rights (ECHR), the Council of Europe’s principles, and the United Nations SDG 16 (Peace, Justice, and Strong Institutions) to identify areas of convergence, divergence, and mutual reinforcement. This comprehensive approach enables the study to produce findings relevant to both Islamic and international legal frameworks, as elaborated in the results and conclusions. Results and Conclusions: Findings reveal that legitimacy in Islamic law provides a transcendental and normative foundation rooted in divine command and moral accountability, while legitimation functions as its operational dimension through communal validation and interpretative flexibility. This duality enables Islamic law to preserve doctrinal consistency while accommodating evolving social realities. Interpreted through the maqāṣid al-sharīʿah, Islamic notions of legitimacy and justice align closely with SDGs 5 (Gender Equality), 10 (Reduced Inequalities), and 16, demonstrating Islam’s intrinsic commitment to fairness, institutional integrity, and social inclusion. The study concludes that distinguishing between textual legitimacy and contextual legitimation enhances the coherence and adaptability of Islamic legal processes. Integrating maqāṣid-based reasoning into global justice and governance frameworks complements international norms of accountability, transparency, and participatory governance. This synthesis reinforces Islam’s enduring relevance to contemporary legal and ethical discourse, offering a model of legitimacy that is both divinely grounded and socially responsive.