UUD / Hukum-hukum Umum §1-15
- Kategori: Hukum-hukum Umum
Pasal 1: Akidah Islam adalah dasar negara. Segala sesuatu yang menyangkut institusi negara, termasuk meminta pertanggungjawaban atas tindakan negara, harus dibangun berdasarkan akidah Islam. Akidah Islam menjadi asas undang-undang dasar dan perundang-undangan syar’i. Segala sesuatu yang berkaitan dengan undang-undang dasar dan perundang-undangan, harus terpancar dari akidah Islam.
Article 1: The Islamic belief ('Aqeedah) constitutes the foundation of the state. Hence, nothing is permitted to exist within its entity, its structure or its accountability or any other aspect connected to it, unless the Islamic 'Aqeedahis its basis. At the same time, the Islamic 'Aqeedahacts as the basis of the constitution and Shari’ah laws; thus, nothing related to the constitution or to the laws is permitted to exist unless it emanates from the Islamic 'Aqeedah.
The state comes into being by the emergence of new ideas upon which it is established. The authority (the governing of people’s affairs and the management of their issues) in the state changes when the new ideas change, since if these ideas turned into concepts (i.e. if their meaning was perceived and their credibility was established), they would influence man’s behaviour. This behaviour would then proceed according to these concepts. Thus, man’s viewpoint about life changes, and according to its change, his viewpoint towards the interests also changes. The authority is simply the guardianship of these interests and the supervision of their management; thus the viewpoint about life is the basis upon which the state is built and it is the basis upon which the authority is established. However, the viewpoint about life is generated by a specific thought about life. Hence, this thought about life becomes the basis of the state and the basis of the authority.
Since the specific thought about life is embodied in a host of concepts, criteria and convictions, this host of concepts, criteria and convictions is considered a basis. The authority looks after peoples’ affairs and supervises the management of their interests according to this host of concepts, criteria and convictions. Therefore, the basis is a host of thoughts and not just one single idea. It is this host of thoughts in its entirety that generated the viewpoint about life, and consequently the viewpoint towards the interests was established and the authority set about managing them according to this viewpoint. Therefore, the state was defined as being an executive entity for a host of concepts, criteria and convictions that a group of people had adopted.
This is regarding the state from the fact that it is a state i.e. from the fact that this state is the authority that looks after the interests of people and supervises the management of these interests.
However, this host of thoughts upon which the state is founded i.e. the host of concepts, criteria and convictions could either be built upon a fundamental thought or not built upon a fundamental thought. If it were built upon a fundamental thought, it would be solidly built with strong pillars and a firm entity; since it would rest upon a fundamental foundation. This is so because the fundamental thought is the thought that has no other thought behind it, and that is the intellectual 'Aqeedah. In such a case, the state would be built upon an intellectual 'Aqeedah. On the other hand, if the state were not built upon a fundamental thought, this would ease its destruction and it would not be difficult to demolish its entity and then usurp its authority. This is because it has not been built upon one intellectual 'Aqeedah upon which the state was established. Therefore, it is essential that in order for the state to be a strong entity, it must be established upon an intellectual 'Aqeedah from which ideas that the state was founded upon emanate i.e. an intellectual 'Aqeedah from which the host of concepts, criteria and convictions that represent the idea of the state regarding life emanate and consequently the viewpoint of this state towards life and this is what produces its viewpoint towards the interests.
The Islamic State is built solely upon the Islamic 'Aqeedah because the host of concepts, criteria and convictions which the Ummah (collective of Muslims) has adopted emanate solely from an intellectual 'Aqeedah. The Ummah has first of all adopted this 'Aqeedah and embraced it as a conclusive 'Aqeedah based on decisive evidence. Hence, this 'Aqeedah was its comprehensive idea about life and accordingly its viewpoint about life was shaped and based upon it and its viewpoint towards the interests was derived from it. The Ummah also took the host of concepts, criteria and convictions from it and ,therefore, the Islamic 'Aqeedah is the basis of the Islamic State.
Additionally, the Messenger of Allah established the Islamic State upon a specific basis; ,therefore, this very basis must be the basis of the Islamic State in every era and in every location. When the Messenger of Allah established the authority in Madinah and assumed the rule over it, he established it on the basis of the Islamic 'Aqeedah from the very first day and the verses of legislation had not been revealed yet. Hence, the Messenger of Allah made the Shahadah (testimony) of “There is no true god but Allah and Muhammad is the Messenger of Allah” as the basis of the Muslims’ life and of the relationships between people as well as the basis for removing grievances and settling disputes. In other words, it was the basis of all aspects of life and the basis of authority and government. He did not stop at that; rather, He (swt) also legislated for Jihad and made it an obligation upon the Muslims in order to carry this 'Aqeedah to all people. Abu Dawud reported on the authority of Abu Hurayrah that the Messenger of Allah said:
«أُمِرْتُ أَنْ أُقَاتِلَ النَّاسَ حَتَّى يَشْهَدُوا أَنْ لاَ إِلَهَ إِلا اللَّهُ وَأَنَّ مُحَمَّدًا رَسُولُ اللَّهِ وَيُقِيمُوا الصَّلاةَ وَيُؤْتُوا الزَّكَاةَ، فَإِذَا فَعَلُوا ذَلِكَ عَصَمُوا مِنِّي دِمَاءَهُمْ وَأَمْوَالَهُمْ إِلا بِحَقِّ الإِسْلامِ، وَحِسَابُهُمْ عَلَى اللَّهِ»
“I have been commanded (by Allah) to fight people until they testify that there is no true god except Allah, and that Muhammad is the Messenger of Allah, and perform Salat and pay Zakat. If they do so, they will have protection of their blood and property from me except when justified by Islam, and then account is left to Allah.” (Agreed upon, text used from Bukhari)
The Messenger of Allah also made the protection of the continued presence of the 'Aqeedah as a basis for the state an obligation upon the Muslims and he ordered the Muslims to brandish the sword and to fight if the flagrant Kufr (disbelief) were to become apparent; in other words, if the 'Aqeedah ceased to be the basis of authority and rule. The Messenger of Allah was asked about the tyrant rulers “the most evil of the leaders”: “Do we challenge them with the sword?”He replied
«لا، مَا أَقَامُوا فِيكُمُ الصَّلاةَ»
“No, as long as they continue to establish prayer amongst you.” (Muslim), and he made the Bay’a (pledge of allegiance to the ruler) based on the Muslims’ obedience to the people in authority unless the Muslims witness a flagrant Kufr. In the narration of Auf Bin Malik regarding the evil leaders
«قِيلَ: يَا رَسُولَ اللَّهِ، أَفَلا نُنَابِذُهُمْ بِالسَّيْفِ؟ فَقَالَ: لا، مَا أَقَامُوا فِيكُمُ الصَّلاةَ»
“It was said O Messenger of Allah – do we not challenge them with the sword? And he replied:"No as long as they establish the prayer” (Muslim). And ‘Ubadah B. Samit said in the agreed upon narration regarding the Bay’a
«وَأَنْ لا نُنَازِعَ الأمْرَ أَهْلَهُ إِلا أَنْ تَرَوْا كُفْرًا بَوَاحًا»
“and that we would not dispute about rule with the people in authority unless we witness evident enfidelity (flagrant Kufr)” and in the narration of Al-Tabarani, the wording was:
“explicit Kufr”. And in a narration by Ibn Hibban in his Sahih collection, the wording was:
«إِلاَّ أَنْ تَكُونَ مَعْصِيَةُ اللَّهِ بَوَاحَاً»
“unless the disobedience to Allah is flagrant”.All of this indicates that the basis of the state is the Islamic 'Aqeedah, since the Messenger of Allah established the authority upon it, ordered the brandishing of the sword in order to maintain it as a basis for the authority and he also ordered Jihad for its sake.
The first article of the constitution was drafted based on the previously mentioned grounds. This article prohibits the state from having any concept, conviction or criterion that does not emanate from the Islamic 'Aqeedah. To have the Islamic 'Aqeedah as a nominal basis for the state would not be sufficient; rather, this basis should be reflected in every aspect related to the State’s existence and in every minor or major issue. Hence, it is forbidden for the state to have any concept about life or about ruling unless it emanates from the Islamic 'Aqeedah. The state would not tolerate any concept not emanating from this 'Aqeedah. Therefore, it would not tolerate the concept of democracy to be adopted within the state because it does not emanate from the Islamic 'Aqeedah and because the Islamic Aqidah contradicts with the concepts which emanate from it. Additionally, the concept of nationalism would not be allowed to have any consideration whatsoever because it does not emanate from the Islamic 'Aqeedah and because the concepts which emanate from the Islamic 'Aqeedah abhor it, prohibit it and outline its danger. Likewise, the concept of patriotism should not have any existence, for it does not emanate from the Islamic 'Aqeedah and because it contradicts with the concepts that emanate from the Islamic 'Aqeedah. Furthermore, the apparatus of the State would not have any ministerial departments according to the democratic understanding and nor should there be in its government any imperial, monarchical or republican concepts for these do not emanate from the 'Aqeedah of Islam and they contradict with the concepts emanating from it. Furthermore, it is categorically forbidden for individuals, movements or groups to account the Islamic State on other than the basis of the Islamic 'Aqeedah. Hence, such type of accounting that is based upon other than the Islamic 'Aqeedah would be prohibited and the establishment of movements and groups on other than the basis of the Islamic 'Aqeedah would be prohibited. The fact that the Islamic 'Aqeedah acts as the basis for the State makes all of this binding upon the State itself and makes it incumbent upon the citizens over which it rules. This is since its life, in its capacity as a state, as well as the life of every matter originating from it in its capacity as a state, and every action linked to it in its capacity as a state, and every relationship established with it in its quality as a state, must have as its basis the 'Aqeedah of the State, that is the Islamic 'Aqeedah.
As for the second issue in the article, its evidence is reflected in the fact that the constitution is the fundamental law (Qanun Al-Asaasi) of the State; thus, it is a law, and the law itself is the order of the authority. Allah (swt) ordered the ruler to rule by what He (swt) revealed to the Messenger of Allah and described the one who rules by other than what Allah (swt) has revealed as a disbeliever if he believed in what he ruled by and believed in the unsuitability of what Allah (swt) revealed to His Messenger . He (swt) described the ruler who rules by other than what He (swt) revealed but did not believe in it as ‘Aassi (disobedient). This indicates that belief in Allah (swt) and His Messenger must be the basis of the orders of the ruler; that is, the basis of the laws and the basis of the constitution. As for the command of Allah (swt) to the ruler to rule by what He (swt) revealed, in other words, by the Shari’ah rules, this is established in the Book and the Sunnah. Allah (swt) says,
((فَلَا وَرَبِّكَ لَا يُؤْمِنُونَ حَتَّى يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ))
“But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves.” (TMQ 4:65) and says,
(( وَأَنِ احْكُمْ بَيْنَهُمْ بِمَا أَنْزَلَ اللَّهُ ))
“And judge, [O Muhammad], between them by what Allah has revealed.” (TMQ 5:49).
Allah (swt) has confined the State’s legislation to what He had revealed and He warned against ruling by other than it. He (swt) says,
((وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْكَافِرُونَ ))
“And whoever does not judge by what Allah has revealed - then it is those who are the disbelievers.” (TMQ 5:44). Also, the Messenger of Allah said in an agreed upon Hadith,
«مَنْ أَحْدَثَ فِي أَمْرِنَا هَذَا مَا لَيْسَ فِيهِ فَهُوَ رَدٌّ»
“Whoever introduces into our matter (Islam) something that is not in it, then it is rejected” (Agreed upon, text from Bukhari), and in the narration in Muslim
«ما ليس منه»
“something that is not from it”, and in the narration from Ibn Hazm in Al-Muhalla and Ibn ‘Abd Al-Barr in Al-Tamhid
«كُلُّ عَمَلٍ لَيْسَ عَلَيْهِ أَمْرُنَا فَهُوَ رَدٌّ»
“Every action which is not based upon our command, it is rejected”.This indicates that the legislation of the State must be confined to what emanates from the Islamic 'Aqeedah; these are the Shari’ah rules which we certainly believe that Allah (swt) has revealed to the Messenger of Allah , whether their revelation were explicit; by stating that it is the rule of Allah (swt) and it is reflected in the Book, the Sunnah or the Sahabah (companions of the Prophet) unanimously consented that it is the rule of Allah (swt), or whether their revelation was implicit; by saying this is an indication of the rule of Allah (swt) taken by way of analogy whose ‘Illah (reason) is a Shari’ah ‘Illah. This is why the second issue has been drafted in the article.
In addition, since the actions of the worshippers must be confined to the address of the Legislator (swt), their governing should ,therefore, be from Allah (swt), and the Islamic Shari’ah came to address all the actions of people and all of their relationships, whether these relationships were with Allah (swt), with themselves or with other people. Hence, there is no place in Islam for people to enact laws from themselves in order to govern their relations for they are restricted to the laws of Shari’ah. Allah (swt) says
(( وَمَا آَتَاكُمُ الرَّسُولُ فَخُذُوهُ وَمَا نَهَاكُمْ عَنْهُ فَانْتَهُوا ))
“And whatever the Messenger has given you - take; and what he has forbidden you - refrain from.” (TMQ 59:7).He (swt) also says:
(( وَمَا كَانَ لِمُؤْمِنٍ وَلَا مُؤْمِنَةٍ إِذَا قَضَى اللَّهُ وَرَسُولُهُ أَمْرًا أَنْ يَكُونَ لَهُمُ الْخِيَرَةُ مِنْ أَمْرِهِمْ))
“It is not for a believing man or a believing woman, when Allah and His Messenger have decided a matter, that they should [thereafter] have any choice about their affair.” (TMQ 33:36). The Messenger of Allah said:
«إِنَّ اللَّهَ تعالى فَرَضَ فَرَائِضَ فَلاَ تُضَيِّعُوهَا، وَحَدَّ حُدُوداً فَلاَ تَعْتَدُوهَا، وَحرَّم أَشْيَاءَ فَلاَ تَنْتَهِكُوهَا،»
“Allah, the Exalted, has laid down certain duties which you should not neglect, and has put certain limits which you should not transgress, and has forbidden some things, so don’t violate them.” (extracted by Al-Daraqutni from Abi Tha’labah, and confirmed as Hasan by Al-Nawawi in Al-Riyadh Al-Salihin). He also said:
«مَنْ أَحْدَثَ فِي أَمْرِنَا هَذَا مَا لَـيْسَ مِنْهُ فَهُوَ رَدٌّ»
“Whoever introduces into our matter (Islam) something that is not in it, then it is rejected” (Agreed upon, through 'Aisha (ra) and the wording is from Muslim).
Therefore, it is Allah (swt) who legislated the rules, not the ruler, and it is He (swt) who obliged people and obliged the ruler to adhere to them in their relations and in their actions, restricted them to these rules and prohibited them from following anything else. Due to this, there is no scope for man to lay down laws to govern peoples’ relations and there is no place for the ruler to force people or to give them the choice to follow principles and rules laid down by man to govern their relations.