By: SAEFUR ROCHMAT Ph. D Student at Victoria University Lecturer at the Department of History Education Of the Faculty of Social Sciences Of Yogyakarta State University (UNY) Indonesia

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

THE REPUBLIC OF INDONESIA IS ESTABLISHED BASED ON THE FIQH PARADIGM 1. Fiqh paradigm recognizes ISLAM n STATE as DIFFERENT ENTITIES, but both should develop A MUTUAL LEGITIMACY. 2. Fiqh paradigm justifies the existence of a state as a tool for implementing public order 3. PUBLIC ORDER as the prerequisite for RELIGIOUS ORDER BUT: 1. This mutual legitimacy did not work well as 2. Followers of secular knowledge vs those of religious knowledge 3. Secularists supported the Soekarno and Soeharto regimes because of ideological preference so  undemocratic regimes

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

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 : a double truth : secular and religious knowledge 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

THE NEED FOR THE FIQH-PLUS PARADIGM 1. Marginal Role of Islam in Indonesia as mismatch between Islam and modern political System 2. Secular paradigm dominated Ind political system 3. The Failure of Secular Paradigm in Muslim countries; Indonesia, because of lack of political participation 4. The Failure of other paradigms to counter Islamic fundamentalism radicalism such as JIL and JIMM

POLITICAL APPROACH TO THE RELATIONSHIP BETWEEN ISLAM AND THE REPUBLIC OF INDONESIA RUKUN IMAN =============RUKUN ISLAM RUKUN SOSIAL ISLAM --  DEMOCRACY  -- STATE (QUASI-NORM) SUBSTANTIVE SYARI’AH = PUBLIC ROLE OF RELIGION ISLAM --  MUTUAL LEGITIMACY  --STATE ! CIVIL SOCIETY : ULAMA (=ISLAM)  PRESIDENT

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 (secular knowledge) 2. Sufism : spiritual achievement (religious knowledge) 3. Islamic law Socio-cultural : dialectic between individual and society Individual expression is through PUBLIC DISCOURSE

A. Wahid, the Fiqh-plus Paradigm, n the Nation State Backgrounds: 1. NU party was not an Islamist party, but Soeharto tried to marginalize it. 2. Wahid was worried about the cooperation between the regime and the modernist Muslims b it was a kind of ‘a marriage of convenience’ 3. Secular regimes failed to modernize Indonesia because of their neglect of Islam as source of values Accordingly, He tried to unify Muslims into one front in the effort of controlling the regime.

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

1. Fiqh paradigm is a truly Shari’a. NU differentiates ‘religious practices’ from ‘non-religious practices’. 2. Islamic state  a societal system= a non-religious practice phenomenon of 19 th when Muslims vs modern ideologies. incorporate IDEOLOGY into ISLAM 5. The failure of Reformism by the Islamists b it did not tolerate the plurality of Shari’a. 6. He opposed the idea of bureaucratization of Islam. 7. He aspired to the idea of religious communities playing the role of civil society. 8. Muslims practices Islam in community under the guidance of clerics.