INTRODUCTION FIQIH PARADIGM APPROACH FIQIH-PLUS PARADIGM APPROACH CONCLUSION

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