Political Fiqh Allows Dynamic State Forms, Not Necessarily Islamic State

Indonesian Islamic scholar Masykuri Abdillah asserts that political fiqh, or jurisprudence concerning politics, must remain an open field for interpretation and adaptation to contemporary realities. He argues that Islam provides fundamental principles for political life but does not mandate a single, uniform state structure for all Muslim societies.

Abdillah, a professor at UIN Syarif Hidayatullah Jakarta, presented these views during a book launch for his latest work, "Contemporary Islamic Political Fiqh." The book examines state and citizenship issues by integrating Islamic scholarship, modern political theory, legal science, and current social developments. He emphasizes that political fiqh cannot be formulated by simply transferring classical concepts to today's world. Religious texts, he explains, must be read in conjunction with their original context, global changes, and present societal needs.

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We must look at the text, context, and interpretation. How was the context at that time, how is it now, and how should we behave?

"We must look at the text, context, and interpretation. How was the context at that time, how is it now, and how should we behave?" Abdillah stated. His book employs a normative approach with a contextual fiqh perspective, addressing issues such as democracy, human rights, political parties, opposition, freedom of speech, equal citizenship, and political ethics as matters requiring new ijtihad, or scholarly interpretation.

Furthermore, Abdillah distinguishes between an "Islamic state" and a "Muslim state." He defines an Islamic state as one that formally enshrines Sharia as its positive law or primary legal source. In contrast, a Muslim state is one with a Muslim majority population, regardless of its state structure or constitution. "Islamic states and Muslim states must be distinguished. The task of academics is to distinguish things that are indeed different," he said. This distinction, he believes, is crucial to avoid the assumption that all Muslim-majority countries must adopt identical institutional frameworks. State forms, governance systems, and power transition mechanisms can vary based on each society's history, culture, and consensus.

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Islamic states and Muslim states must be distinguished. The task of academics is to distinguish things that are indeed different.