International Journal of Indonesian Studies Volume 1, Issue 3 | Page 193
INTERNATIONAL JOURNAL OF INDONESIAN STUDIES
SPRING 2016
namely culture, including in matters of Islam and state. In this regard, there are three
paradigms on the relationship of Islam and the state. Firstly, the secular paradigm believes
in the separation of religion, namely Islam, from the state as better for both because it is to
avoid the politicization of religion and the sacralisation of politics. Secondly, the Islamic
ideological paradigm argues that Islam is superior to worldly systems, including the state, so
that it does not agree with the secular nature of the state. That is why its supporters try to
make use of the state to implement Shari’a (Islamic law). Thirdly, the Fiqh paradigm believes
that Islam and culture, including the state, are different identities, but both should develop
mutual legitimacy (Abdurrahman Wahid, 1999a, p. 54).
Wahid advocated the third paradigm, the Fiqh paradigm: Islam makes use of the
existing culture, including the state, as a means of implementing Islamic teachings. This
paradigm acknowledges the different manifestations of Islam based on the different
cultures with their various social systems so that its supporters believe in the plurality of
Shari’a (Abdurrahman Wahid, 2007a, p. 20). In the case of Indonesia, Islam does not
function as the foundation of the state, but just as social ethics to the run of the state. In
line with this, he was critical of the secular regimes, especially the Soeharto regime, which
tried to incorporate culture, including Islam, to the state. This was due to his belief that
culture and Islam should function as critical forces to the state which naturally tends to be
misused by the ruler.
The Fiqh paradigm considers the importance of the state based on its function not
on its form as Islamic or not. This is in contradiction to the Islamic ideological paradigm
which believes in the monolithic Shari’a which would unify the Muslims against other
ideologies in the pursuit of an Islamic state. Wahid believes that the Fiqh paradigm
expresses the true religious law as it defines what is lawful and unlawful in every aspect of
human beings in the view of Islam. In other words, Fiqh is a kind of effort of adjusting
culture to Islam through a mechanism of legitimacy: filtering and, then, supporting the
culture. Accordingly, he believes that the manifestation of Islam in Indonesia is different
from other countries or regions as they have different cultures. In line with this, Wahid did
not agree with the legal formal Shari’a and argued for the substantial Shari’a as the Republic
of Indonesia is based on the national ideology of Pancasila.
The followers of the Fiqh paradigm are likely to speak in terms of Fiqh rather than in
those of Shari’a because of their denial of the monolithic Shari’a. For them, Shari’a should
be contextual. Accordingly, Fiqh relativise the religious law in relation to the social system.
In this regard, NU differentiates which is a religious practice (the rituals of Islam) and which
is a non-religious practice (culture). In the view of the principles of Fiqh, in the matter of
rituals, Islam follows the principle of “al-aslu fil ibadah tahrimuha, illa idza al-dalilu ‘ala
tajwiziha” (The origin of regulation for rituals of Islam is everything is unlawful, except there
is specific regulation for the matter); meanwhile, in the matter of non-rituals, Islam follows
the principle of “al-aslu fil mu’amalah tajwiziha, illa idza dalla addalilu ‘ala tahrimiha” (The
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