Konsep Negara dalam Fiqih Siyasah

Abstract

The concept of the state and government is an ijtihad that reflects the exploration of rational speculative thought in order to find an intellectual basis for the function and role of the state and government as an instrumental factor for the fulfillment of the interests and welfare of the people both physically and mentally. The state, in terminology, is defined as the highest organization among a group of people who have the aspiration to unite, live in a certain area and have a sovereign government. Fiqh siyasah as one aspect of Islamic law that discusses the regulation and management of human life in the state in order to achieve the benefit of human itself regardless of the reign after the death of the Prophet Muhammad SAW. Although in the Qur'an there is not a single argument that explicitly commands or obliges Muslims to establish a state. Moreover, even the term state (Daula) is never mentioned in the Qur'an, however, the basic elements in society, nation and state, can be found in it. Some of the main principles include: Deliberation, Justice, Equality.

Analysis of Siyasah Syar'iyah on the Policy of Sumenep District Government in Accelerating Halal Certification in Umkm

“…Fourth, the principle of equalityin which non-Muslim countries have equal civil rights. Because the state at that time was an ideological state, decision-making figures who had leadership positions and authority (ulu al-amr), they must be able to uphold shari'ah (Fitriyani et al, 2022).…”

“…guaranteed certain fundamental rights. According to Subhi Mahmassani in his book Arkan Huquq al-Insan, some of the rights of citizens that need to be protected are: guarantees of personal security, self-respect and property, freedom to express opinions and assembly, the right to obtain legal services fairly without discrimination, the right to get proper education, medical and health services, and security to carry out economic activities (Fitriyani et al, 2022).…”

“…This system is institutionalized in Ahl al-Hilli wal 'aqdi (parliament), wilayat al Hisbah and wilayat al Qadha'. A leader in the view of the majority of Islam (sunni) is not a saint (ma'shum), therefore it is very likely to be criticized and advised (Fitriyani et al, 2022).…”