1. 1. INTRODUCTION 2. FIQIH PARADIGM APPROACH 3. FIQIH-PLUS PARADIGM APPROACH 4. CONCLUSION

2. I. INTRODUCTION THREE PARADIGMS OF THE RELATIONSHIP BETWEEN ISLAM AND STATE: 1. THEOCRATIC PARADIGM: Islam as a Religion and State Example: Saudi Arabia, Iran, Pakistan 2. SECULAR PARADIGM: Separation of Islam and State Example: Turkey 3. FIQH PARADIGM: Mutual Legitimacy Islam and State Example: Indonesia IDEOLOGICAL : Want to establish an Ideal State Example: 1. Theocratic Paradigm 2. Secular Paradigm NON-IDEOLOGICAL : Islam and State are different Identities, but they develop mutual legitimacies Example: Fiqh Paradigm

3. FIQH PARADIGM: 1. IS a Sunni Tradition: the validity of religious practices do not depend on political preference. Example: a. Some Shiites do not perform Friday prayer because the Imam is on Occultation b. The followers of Hizbut Tahrir do not perform Friday prayer as there is no an caliphate 2. Islam and State are different identities, but they should develop mutual Legitimacies a. The Existence of State is based on the power in the society, not because of Religion b. State should not contradict to Islam

4. c. Fiqh Paradigm does not consider important the FORM OF STATE, but the FUNCTION OF STATE so that: - Justified the Caliphate of Turkey Utsmaniyah - Justified the Netherland East Indies - Justified the Japanese Occupation Administration - Justifies the Republic of Indonesia d. The nature of life is not black and white the fiqh knowledge combines kalam, fiqh, and sufism e. Life is based on the Principles of - moderation - equilibrium - toleration f. Method: ushul fiqh and qa’idah fiqiyah g. Slogan: Preserve the good things of the TRADITION and adopt the good things of the MODERNISATION

5. Muslim Modernists accused NU of the Pragmatist because the latter did not struggle seriously for an Islamic State. As a religious organization, NU always considered everything from religious point of view, namely Fiqh Paradigm Following Principles of the Fiqh (qowa’idul Fiqiyah): 1. Muslim has an obligation of performing religious duties, but it is just beyond his capabilities. 2. Accomplishment of Religious duties are measured by their impacts 3. If he should make choice, he choose one which has the less risk

6. FIQH / RELIGIOUS PARADIGM = SPIRITUAL PARADIGM to create a good man as the representation of khalifatullah FIQH is broader than legal Islamic laws Syariah is the science of all things, human and divine : Syariah consists of material and spiritual knowledge Life is a long way to search for truth, and To implement it with patient as the norm intermingles with context  Relative Truth It needs for sciences to discern the truth hiding in the context Philosophy and Social Sciences  Islamic cosmology Spiritual knowledge (Sufism) is central to unify the intellectual and social activities of Muslims

7. FIQH-PLUS (SOCIO-CULTURAL) PARADIGM : Fiqh Paradigm + Structural Approach Spiritual Approach = Cultural Approach  ideologist  unbalance VIOLENCE Wahid follows Karl Marx, but he is not a determinist Not agree with revolutionary method Life is following the law of nature, but Wahid still believes in God’s intervention Happiness is pursued by 1. Sciences : material achievement 2. Sufism : spiritual achievement Socio-cultural : dialectic between individual and society Individual expression is through PUBLIC DISCOURSE

8. Spiritual Achievement = Isra Mi’raj: Individual Happiness  Rahmatan lil ‘alamin: Happiness of all Mahmud Syaltut  Religious Teachings: 1. Nazary (theoretical)  internal soul  an absolute belief 2. ‘Amaly (syariah) Islam spread to all quarter of the world not by military forces, But culturally Socio-cultural Approach  Pribumisasi : the way to negotiate NORMS and CULTURE Dynamism: 1. Pribumisasi (Localization)  Not Syncretism 2. Modernisation

9. ABDURRAHMAN WAHID 1. Islam and State: a. Legal approach : Islamic State b. Political Approach  democracy 2. The Pillars of Islam and The Pillars of Faith  Social Pillars (Fiqh Sosial) 3. Theology of Democracy : to negotiate NORMS and CULTURE - It is not an exclusive theology - One statement can be understood differently by different religious believers = to practice democracy is to practice a religious teaching

10. Theology of Democracy enables Muslim to Participate actively the Course of Modern Political System = to practice democracy is to practice a religious teaching Pancasila is an Open Ideology as a Agreement amongst Different Societal Forces It should develop Democracy. The Pancasila State is the final form of the State for Indonesian Muslims “Islamic Struggles” = “National Struggles”

11. The existence of different Religions follow the principle of relationship Each Religion can claim its absolute truth because it is internal commitment It does not need to find the final truth in the public life It is important to negotiate for the common good Religious Communities Function as CIVIL SOCIETY to Control the Course of the State