Legal Literacy as a Tool for Preserving Human Dignity in the Workplace: A Maqasid al-Shariah Approach to Sexual Harassment Laws in Malaysia

Abstract

Workplace sexual harassment remains prevalent in Malaysia and continues to be significantly underreported despite growing public awareness and legal reform. This article examines legal literacy as both a moral and strategic capability for preserving human dignity (hifz al-‘ird) in Malaysian workplaces through the ethical-theological lens of maqasid al-shariah. It asks how far contemporary legal mechanisms align with Islamic objectives of dignity, justice, and harm prevention, and how legal awareness can be strengthened so that statutory protections become practically usable. Methodologically, the study combines normative legal research with qualitative insights drawn from interviews and surveys. Doctrinally, it evaluates Malaysia’s evolving legal architecture, legal statutes and post incident instruments, while also considering how legal pluralism shapes public engagement with these mechanisms. Empirically, the analysis highlights recurring legal literacy gaps in workplaces: uncertainty in identifying non obvious and cumulative forms of harassment, limited understanding of reporting pathways and available remedies (including the Tribunal’s role), and organisational climates that discourage help seeking through fear of retaliation or stigma. Interpreting these gaps through maqasid reasoning, the paper shows that effective prevention and redress must protect dignity (hifz al-‘ird), psychological wellbeing (hifz al-nafs), and sound judgment and knowledge (hifz al-‘aql). Building on this synthesis, it proposes a maqasid informed legal literacy framework for Malaysian workplaces that integrates scenario based learning, plain language guidance on legal forums, trauma informed and confidentiality centred processes, strong anti retaliation norms, and carefully safeguarded restorative options consistent with Islamic concepts of sulh. The paper contributes a culturally resonant model for public education and organisational practice, positioning legal literacy as both preventive and restorative in strengthening ethical, dignified workplaces. It also offers practical guidance for employers, regulators, and educators to translate statutory protections into accessible workplace processes, particularly through clearer reporting pathways, anti retaliation safeguards, and trauma aware implementation. By framing compliance within a culturally grounded ethical vocabulary, the framework aims to improve trust in institutional responses and strengthen uptake of available remedies.