Friday, February 24, 2012

State, Party and the Islamic Shari'a

State, Party and the Islamic Shari'a
Written by Ahkam Sumadiana
Historical fact, that the Prophet Muhammad founded the Islamic State in Madinah, the citizens made up of immigrants from Mecca, and the Ansar (helpers) consists of Aus and Khajraj tribe in Medina, the Prophet also sent a letter to the two giant nations that time, the kingdom Persia and the Roman empire.
Terms of the establishment of a State
To decide that a self-proclaimed Prophet is a state requirement then we can look at the founding of the state, since the long period and modern dizaman has been agreed, that the terms of the founding of the state should have:The existence of regions, ie regions in which sovereignty can be applicable in the area.There are people, people who become residents in the area of ​​sovereignty.There are laws, which is a legislation to regulate the lives of the people and the associated in the sovereign territory.There is a head of state, which is a ruler who has the power, to carry on the running of the government's sovereign territory.
What if four conditions were agreed upon as the truth of the founding of a country, then what the Prophet Muhammad, when the declaration of the Charter of Medina in the year to 2 Hijeriah, the first proclamation of the establishment of an Islamic state in the world. Given the four conditions above are met.
The first Islamic state include:
A. Medina and surrounding areas.2. Population, The Emigrants, The Ansar, The Jews of Medina, the Arab tribes and pagan.3. Medina Charter.4. Muhammad as head of state and head of government.
Former minister of religion RI, H, Munawir Sjadzali, MA in the book "Islam and the State Administration," p. 10 states that 'the Charter of Medina is a constitutional or statutory basis for the first Islamic state established by the Prophet in Medina. Yet there who would deny it as an Islamic state (Daulah Islamiyah) on the grounds not mentioned in the Qur'an and as-Sunnah.
Party In The Rasululah saw
To understand the existence of the Party in the Age of the Prophet, may we note the following details;
A. Hizbun which means class, or party followers are ahzaab jama'nya. In the Qur'an there are seven words form simplex. In the form jama 'there are eleven words, and besides there hizbahu hizbaini, each one said. Al-Ahzaab be the name of the surah in the Qur'an, mufassir give meaning to the factions. In history there are al-Ahzaab war, a war that happened in Medina in the year to 5 Hijeriah, the Muslims invaded by the enemy consisting of various groups, both Jews, Pagans and ignorance, they united to fight the Muslims.

2. Paragraph containing hizbunsebagai mudhaf while mudhaf ilaihnya is God that reads 'Hezbollah' means follower of God, or Party of God, (Qs, al-Mujadilah: 22). In another passage Mudhaf ilaihnya is Shaytan, so that it reads 'Hizbusysyaithan' which means the followers of Satan can chase, Party of Shaytan.(Surat Al-Mujadilah: 19). In addition to mudhaf ilaih Hizbun, and mudhafnya 'kullun' which reads 'Kullu hizbin' which means each group (party) (Surat ar-Rum: 32). Of all the terms that are judged to have a positive sense of the word 'Hizbollah' opposite of the word 'Hizbusysyaithan'.
3. Early manuscript Medina Charter as follows: It means: "In the Name of Allah the Most Merciful loving again, this is the manuscript of Muhammad, the Prophet who are among the believers and Muslims of Quraysh and Yathrib (Emigrants and the Ansar), and those people who follow them, then join them and fight with them. Indeed they were the whole Ummah (one) than humans (other) ".(See Ahmad Husnan, the State and the Party of Islamic Perspectives dlam. 112-116).
Islamic Party
Objective reality, the Era of Democracy, the party founded sprung valves, various Islamic party is declared, as well as non-Islamic party also declared Islamic figures, for his activities during this leading Islamic organizations. As a result, community-led or who knew him to be confused, there was pros and cons Islampun divided ummah, ukhuah Islamiyah is also torn.
Regardless of the pros and cons to the use of Islamic terms, the number of Islamic parties is unfortunate, especially non-Islamic party founded by the leaders of Islam, the principle and the objective is not to Izzul Islam wal Muslims. But from the reality that is not encouraging that we have high hopes for it to realize the importance of ukhuah Islamiyah, so the coalition is solid and strong, if necessary, permanently.
Need to learn from the Charter of Medina, the Prophet, in addition to representing the whole of the Muslims in communication and diplomacy, even against attacks from his enemies, nor to curb regulations and legislation that covers all components in Medina, and different religions and qabilahnya .In this case the status of heads of State. So no need for the parties were forced to berIslam.
Islamic Sharia and its Consequences
"Then We made you to be on top of a Shari'a (laws) of matter (the religion), then follow the Shari'a it and do not follow the desires of people who do not know". (QS.al-Jaatsiyah: 18).
Islamic Sharia is the law that comes from the Qur'an and Sunnah, then known as Islamic law. While Islamic law is the case of the first two directions, from nushush that have not been involved so far this aqal called Islamic Sharia. Secondly, the existence of the law contained in nushush and has involved understanding fonis aqal with mandatory laws, haram, sunna, makruh, and permissible. Later known as the law of jurisprudence. Both include the understanding of Islamic law, since Islamic law is very broad in scope.
Islam As a Religion of Revelation has a height, and the perfection of teaching other than teaching, especially with the teaching of human products. Islamic Sharia is a key foundation in the human kehudupan govern both dala worship of individuals, nor in the life of nation and state. Similarly, with regard to many good laws in the world and the hereafter.
Bagamana fight for the establishment of the Prophet Islamic Shari'ah in general and implementing Islamic Shariah in a special sense, and how should we do in different situations and conditions with the time of the Prophet Islamic Sharia memprjuangkan. This needs to be understood properly, so the notion of religious tolerance, not to give rise to the notion that Islamic Shari'a is not possible or not to be fought over state institutions, or at least the impression of Islamic Shariah does not have to fight for its implementation as a whole, thinking this kind can not be justified. In fact the Prophet deliberately striving to enforce Islamic Shariah is perfect. Not because of tolerance so that we do not strive to enforce sharia through both personal, family, society and state institutions. Without reducing the value of tolerance, that the Muslims are the most tolerant religions in Indonesia in particular, and international general.
Love the form to the Nation
"Verily Allah will ask you to convey the message to those who deserve it, and (told you) if the judge between men with justice that you specify. Verily Allah gives his best teaching you. Surely Allah is ever Hearer, Seer. " (Surat an-Nisa ': 58).
Mandate imposed on a person or entrusted to him, whereas this mandate includes the rights of Allah, with a variety of duties, it also includes the rights of slaves, who entrusted to him. Thus one is obliged to perform their best. Whoever does not fulfill the world, then he will be sentenced on the Day of Resurrection.
As a Muslim who get a mandate from God, Nation, Nation and State, especially those occupying strategic dibarbagai institutions have an obligation to engage, communicate, and enforce the Islamic Shari'a. What else could we have understood that the rule of law, made by a higher institution, should not be opposed by the lower body, then to fight for the enactment of Islamic Sharia, should be taken following rationale.
If the Governor's decision must not conflict with the decision of the President and the President's decision must not conflict with a decision height and the highest state institution, then, of course, as a believer also think that the decision of the high and highest negaraa institutions also must not conflict with a rule made of God Almighty and the Prophet. The whole motivation is for the safety and welfare of both the world's first msyarakat Hereafter.
Enforcing the laws of Islamic Sharia
"Anyone looking for a religion other than Islam, it occasionally will not be accepted (the religion) thereof, and in the Hereafter he is among those who lose." (Surat Ali-Imran: 85).
Prophet Muhammad, has been enforcing Islamic Sharia in all spheres of life, especially since the establishment of the first Islamic state of Medina, in year 2 Hijeriah, Diman Prophet as head of the Country. Until his death, followed by Khulafa'ur-Rashidun, success is so fast but because of high spirits, as well as facilitated the power to regulate life, through the government in national life and the Caliphate.
We have to understand that Islamic Sharia is imposed on each mukallaf, also the leader and anyone who has the responsibility, either the state or other institutions, the order to uphold justice, enjoining unjust, and punished in accordance with the laws of God, even the decision about war and peace. All that difficult to resolve, without any power. With all that power can be satisfactorily resolved in accordance with law.
Specifically referred to in Islamic Sharia al-Qur'ah and as-Sunnah, it can be done well when treated by the authorities. Thus Muslims must implement Islamic Sharia law either individually or in congregation, the Holy Prophet, and His Shabat has done in his capacity and status as head of state and government. Allaah 'Alam.
* Chairman of the Department Chairman Hidayatullah cadresource: http://hidayatullah.or.id/in/kajian-manhaj/65-negara-partai-dan-syariat-islam.html

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