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Dr. Muhammad Solikhudin, M. H.I.

1. Terjemahkan teks artikel ini (Pancasila State: Study of Concepts, State Philosophy,
Paradigms, Existence, Guidelines, and Relevance with Maqasid al-Shari'ah Jamal
al-Din 'Atiyyah)!
2. Setelah saudara menterjemah artikel ini (Pancasila State: Study of Concepts,
State Philosophy, Paradigms, Existence, Guidelines, and Relevance with
Maqasid al-Shari'ah Jamal al-Din 'Atiyyah) harap dianalisis dan dikritisi. Selamat
menganalisis dan mengkritisi!
PANCASILA STATE: STUDY OF CONCEPTS, STATE
PHILOSOPHY, PARADIGMS, EXISTENCE,
GUIDELINES, AND RELEVANCE WITH MAQASID
AL-SHARI'AH JAMAL AL-DIN 'ATIYYAH

Muhammad Solikhudin, Moh. Faizur Rohman

IAIN Kediri | Jl. Sunan Ampel No.7 Kediri |
solikhudinmuhammad@[Link]
UIN Sunan Ampel Surabaya | Jl. A. Yani No. 117 Surabaya |
faza_veiro@[Link]

Abstract: This article aims to strengthen the ideology of Pancasila and

to answer the fundamental problems of the state which are being
debated between the secular state, the religious state, and the state
of mutualist symbiosis with the ideology of Pancasila, which in this
article is discussed with the Pancasila state. This article explains the
Pancasila state by examining concepts, state philosophy, paradigm,
existence, guidelines, and relevance to maqasid al-shari'ah Jamal al-
Din 'Atiyyah. The type of research used is library research with
qualitative analysis techniques and a conceptual approach. The
research results state that the Pancasila state concept is a prismatic
concept built between a religious and secular state, individualism and
collectivism, and civil law and common law. Pancasila is a state
philosophy that contains common interests and originates from
political agreement. The Pancasila State is a legal paradigm and its
development. In the realm of existence, Pancasila emphasizes the
relationship between religion and the state. For this reason, there are
four guiding principles of national law; firstly, all laws must guarantee
the nation's integration. Secondly, laws must be created
democratically and nomocratically based on the wisdom of wisdom;
thirdly, laws must encourage the creation of social justice; and
fourthly, there must not be public laws based on certain religious
teachings. The Pancasila state was created to create a harmonious
life in diversity because Pancasila is a way of life that promotes

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VOLUME 13, NOMOR 2, OKTOBER 2023; ISSN 2089-0109
 Pancasila State: Study of Concepts, State Philosophy, Paradigms, Existence

mutual harmony. Meanwhile, the relevance of Jamal al-Din 'Atiyyah's

maqasid al-shari'ah is related because it contains maqasid
personalmukallaf, maqasid al-ummah (national goals), and maqasid
al-insanity (humanitarian goals).
Keywords: State, Pancasila, and maqasid al-shari'ah Jamal al-Din
'Atiyyah.

Introduction
The Pancasila state, often conveyed by the Indonesian state
with the Pancasila ideology, 1 It is a logical, realistic, and wise
choice in Indonesia. During the Indonesian nation, Pancasila never
escaped with the Basic Law of 19452, which was later abbreviated
to UUD 1945. The UUD 1945 has been amended up to four times,
but the opening of the 1945 UUD, which contained Pancasila as the
foundation and ideology of the state, needs to be included. The
People's Assembly of Permusyawaratan (MPR), which has made
changes to the 1945 Constitution since 1999, ruled not to change
the preamble of the 1945 Constitution, which had been established
by the Preparatory Committee for the Independence of Indonesia
(PPKI) on 18 August 1945. 3It is also correct philosophically and
politically in the national life of the Indonesian people.4
The 1945 Constitution, in openness from a philosophical
point of view, is a modus vivendi for the Indonesian nation so that
we can live together in the bonds of one strong nation. It can be

1
Faisal Ismail, Islam, Politics, and Ideology in Indonesia: a Study of the Process of Muslim
Acceptance of The Pancasila , (Canada: McGill University Dissertation, 1995), 19. See
Dani Muhtada and Ayon Diniyanto, “Strengthening the Role of BPIP and Grounding
Strategy Pancasila to Protect Minority Groups”, Pancasila: Indonesian Journal , Vol.1
No.1 (April, 2021), 112.
2
Muhlil Musolin, "The Virtues of Maqasid al-Syari'ah in Pancasila as The State
Philosophical Basis of The Indonesian Republic", Journal of Dialogue of the Ministry of
Religion , Vol. 43 No.1 (June, 2020), 60.
3
Ihsan and Ahmad Fatah, "Pancasila and Islamic Education: The Deradicalization Model
of Madrasas Based on Islamic Boarding Schools in Central Java", Qudus International
Journal of Islamic Studies , Vol.9 No.1 (June, 2021), 255-256.
4
Moh. Mahfud MD, Constitutional Law Debate After Constitutional Amendments
(Jakarta: PT Rajagrafindo Persada, 2011), 3.

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 Muhammad Solikhudin and Moh Faizur Rohman

interpreted as a birthmark (deed). The reason is the modus vivendi

that carries the Letter of Independence. (declares). It is also a kind
of self-identity and a marker of the means to the nation's ideals and
goals. If the opening is changed, then the present Indonesia is not
Indonesia whose certificate was issued on 17 August 1945, but
another Indonesia.5
The opening of the 1945 Constitution of the legal aspects is
the foundation of the philosophy of the state, which gives birth to
the spirit of law and the basis of its legal system by the soul of the
Indonesian people. In that position, the opening of the UUD and
the Pancasila, which it contains, became the foundations of the
fundamental principles of the state and cannot be changed by law
unless a change was made to the identity of Indonesia from its
original birth in 1945.6
Politically, the MPR agreement not to change the opening
of the UUD is also very correct because the reform movement, one
of its agendas is an amendment to the UUD, is connected with
efforts to consolidate the system and the state structure to limit the
power of the government so that it is not arbitrary. To establish
that system and structure of statehood, it is necessary only to
amend the contents (the articles formerly called the body bar) of
UUD 1945 without questioning the opening because the
authoritarianism that has emerged in the past is not the source of
the opening but the source from the articles of this UUD. This
article will outline Pancasila as a prismatic concept, Pancasilla
between the philosophy of the state and the political agreement,
Pankasila as the paradigm of the development of the law, religious
relations, and the state in which the affirmation of religious nation-
state in Pancasila, UUD 1945 and Pancasilas as the guidelines of

5
Moh. Mahfud MD, Constitutional Law Debate After Constitutional Amendments
(Jakarta: PT Rajagrafindo Persada, 2011), 3.
6
Akhmadul Faruq, "Al-Pancasila fi Manduri al-Maqasidi al-Syar'i: Dirasah Tahliliyah", al-
Ihkam , Vol.16 No.1 (June, 2021), 211. Ali Mudlofir, Hisbulah Huda and Achmad Sultoni,
" Nationalism and Pancasila Education within Indonesian Islamic and National
Universities”, Journal of Indonesian Islam, Vol.15 No.2 (December, 2021), 389.
Abunawas, Muh. Arif Maulana and Masdianawati, Pancasila and The Construction of
The Legal Hierarchy in Indonesia”, al-'Adl , Vol.15 No.1 (January, 2022), 8-19. JM
Muslimin, "Islamic Law in The Pancasila State", Ahkam, Vol.12 No.7 (January, 2012), 15.

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 Pancasila State: Study of Concepts, State Philosophy, Paradigms, Existence

the living assembly and the last before the closure, the Nalar State
Pancasil Based maqasid al-shari'ah Jamal al-Din' Atiyyah. It is
necessary to strengthen the ideology of Pancasila and to answer
the fundamental problems of the state, which is the debate
between the secular state, religious state, and the state of the
symbiosis of mutualism with the ideology Pancasilla, which in this
article is shared with the Pancasil state.
This article's research type is a library (library research).
7 The author can conceptually observe the existing theory and

perform a measurable analysis. 8 In this case, it is explained by

analyzing the study discussed. Therefore, the researchers sought to
track the state data of Pancasila and the theory of maqasid al-
shari'ah Jamal al-Din' Atiyyah. The nature of this research is
qualitative. Research expresses a phenomenon by enshrining
actual reality, formed by words and techniques of data collection
and its interesting analysis, not figures and statistics. 9 The
approach in this research is conceptual and normative.
Conceptually and normatively, it analyzes the state of Pancasila,
reflects the philosophical aspects of the country, paradigm,
existence, and guidelines, and draws its relevance with maqasid al-
shari'ah Jamal al-Din' Atiyyah.
Distinction and novelty in the Pancasila State article cover
the study of concepts, philosophy of the country, paradigms,
existence, guidelines, and relevance with maqasid al-shari'ah Jamal
al-Din' Atiyyah with previous research understandable, previous
research written by Ihsan and Ahmad Fatah with the title
Pancasilla and Islamic Education: The Deradicalization Model of
Madrasahs Based on Islamic Boarding Schools in Central Java
which discusses the strategy of deradicalization of religion in

7
Burhan Ashofa, Legal Research Methods (Jakarta: Rineka Cipta, 1998),143
8
Muhammad Nasir, Research Methods (Jakarta: Ghalia Indonesia, 1995), 54.
9
Djam'an Satori and Aan Komariyah, Qualitative Research Methodology (Bandung:
Alfabeta, 2009), 25.

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 Muhammad Solikhudin and Moh Faizur Rohman

through strengthening the understanding of Pancasil in the context

of Islamic education in training in Central Java. 10
The article by Ali Mudlofir, Hisbullah Huda, and Achmad
Sultoni entitled Nationalism and Pancasila Education within
Indonesian Islamic and National Universities aims to describe the
student's response to the integration of spiritual and emotional
intelligence (ESI) in Pancasila education in the form of a teaching
model to enhance nationalism. 11Saefur Rochmat's article entitled
The Fiqh Paradigm for the Pancasila State: Abdurrahman Wahid's
Thoughts on Islam and the Republic of Indonesia. This article
explains that Abdurrahman Wahid sought to resolve ideological
conflicts by adapting modern knowledge to the intellectual
paradigm. The intelligent paradigm supports the establishment of
the Republic of Indonesia and can also harmonize secular and
religious aspirations within the national political system.12
A clear difference from the previous research is that this
article explains that the state of Pancasila covers the study of
concepts, philosophy of the state, paradigms, existence, guidelines,
and relevance with maqasid al-shari'ah Jamal al-Din 'Atiyyah. This
article describes the philosophical aspects empowered with
maqasid al-shari'ah Jamal al-Din 'Atiyyah by reflecting on the
personal maqasidmukallaf , maqasid of humanity, and maqasid
humanity. This is the distinction and novelty. It's similar to
consolidating Pancasila's ideology.

Pancasila as a Prismatic Concept in the Indonesian State

The argument that Pancasila, in the context of the State, is
not a religious state and not a secular state and, in the ideological
context, is not individualist and not collectivist is correct. It was a

10
Ihsan and Ahmad Fatah, "Pancasila and Islamic Education: The Deradicalization
Model of Madrasas Based on Islamic Boarding Schools in Central Java", Qudus
International Journal of Islamic Studies , Vol.9 No.1 (June, 2021), 245.
11
Ali Mudlofir, Hisbulah Huda and Achmad Sultoni, "Nationalism and Pancasila
Education within Indonesian Islamic and National Universities", Journal of Indonesian
Islam, Vol.15 No.2 (December, 2021), 387.
12
Saefur Rochmat, "The Fiqh Paradigm for The Pancasila State: Abdurrahman Wahid's
Thoughts on Islam and The Republic of Indonesia", al-Jami'ah: Journal of Islamic
Studies , Vol.52 No.2 (December, 2014), 310.

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proper statement to agree with the nation's founders when they

agreed to establish the country in 1945. Pancasila is a prismatic
concept that takes both sides of two opposing concepts and then
unites them as separate concepts to constantly be updated with the
reality of Indonesian society and every development. 13
The Pancasila State is not religious because the religious
State is based only on one particular religion. Still, the Pancasilla
State is also not a secular State because the secular State is not at all
willing to engage in religious affairs. 14The State of Pancasila is a
religious nation-state that protects and facilitates the development
of all religions embraced by its people regardless of many
embracers. 15 Since embracing one religion is one of the most
essential human rights, the State cannot be founded on one
religion. However, the State is therefore obliged to build religious
development in a reasonable and tolerant manner so that the
human right to it can be protected.16
The State of Pancasila recognizes human beings as
individuals who have rights and freedoms, but at the same time,
acknowledges that, in terms of humanity, they are also social
beings who cannot be human if they do not live with other
humans. In such a concept of balance, Pancasila does not support
the idea of individualism, which suppresses the rights and
freedoms of the individual. Still, neither is he an adherent of the

13
Moh. Mahfud MD, Constitutional Law Debate After Constitutional Amendments
(Jakarta: PT Rajagrafindo Persada, 2011), 6.
14
Saefur Rochmat, "The Fiqh Paradigm for The Pancasila State: Abdurrahman Wahid's
Thoughts on Islam and The Republic of Indonesia", al-Jami'ah: Journal of Islamic
Studies , Vol.52 No.2 (December, 2014), 310-311 .
15
In the Muhammadiyah ijtihad, the Pancasila state is Dar al-'Ahd wa al-Shahadah
(state of agreement and witness). See Hasnan Bachtiar and Zakiyuddin Baidhawy,
"Theologizing Democracy in the Context of Muhammadiyah's Ijtihad", Indonesian
Journal of Islam and Muslim Societies , Vol.12 No.1 (June, 2022), 166. Meanwhile,
Benyamin Fleming Intan stated that Pancasila is a public religion that aims to unite the
Indonesian nation in diversity. See Benyamin Fleming Intan, “Public Religion” and The
Pancasila-Based State of Indonesia: An Ethical and Sociological Analysis (New York-
Washington: Peter Lang Publishing, 2006), 18.
16
Moh. Mahfud MD, Constitutional Law Debate After Constitutional Amendments
(Jakarta: PT Rajagrafindo Persada, 2011), 6.

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 Muhammad Solikhudin and Moh Faizur Rohman

conception of collectivism that wants to equalize all human beings

simply without respect for individual rights and liberties.
Managing the values of interest and social values in such a
conception must balance the personal interest and the common
interest as well as the social value of subsistence and social value.17
It affirms the concept of Pancasila as a prismatic concept.
18That serves as an integrative gathering of all aspects, especially of

a variety of ideas that are considered to be mutually affirmative. In

legal evolution, Pancasila is the framework of the Pancasila's set of
laws. The form of the system is unique in Indonesia and differs
from other legal systems. Although many people now feel
unwilling to state that the Pancasila legal system is unique, it is
necessary to have the courage to put it back into perspective with
the legal structure. The law of Pancasila reflects the uniqueness of
the Indonesian nation, including the relationship of affinity and
cooperation that distinguishes it from other legal systems.19
Therefore, there would be no harm if the Pancasila legal
system were referred to as the unique legal system that serves the
Indonesian people. Law is the mirror and servant of society, so its
system must be in harmony with the society it serves. Different
legal systems must serve different societies. The continental
European legal system that emphasizes only the rule of law, civil
law, administration, legal certainty, and written law that has legal
status is called the Rechtsstaat.20 The Pancaila legal system is also
different from the Anglo-Saxon legal system, which only
emphasizes the role of judicial, common law, and the substance of
justice that the State of law calls the Rule of Law.21

17
Moh. Mahfud MD, Constitutional Law Debate After Constitutional Amendments
(Jakarta: PT Rajagrafindo Persada, 2011), 7.
18
Moh. Mahfud MD, Strengthening Islamic Moderation in the National and State
Context: Review of Legal and Constitutional Aspects (Surabaya: Working Paper Annual
Conference for Muslim Scholars , 2018), 1.
19
Moh. Mahfud MD, Constitutional Law Debate After Constitutional Amendments
(Jakarta: PT Rajagrafindo Persada, 2011), 7.
20
Moh. Mahfud MD, Building Legal Politics, Upholding the Constitution ((Jakarta: PT
Rajagrafindo Persada, 2017), 24-25.
21
Moh. Mahfud MD, Constitutional Law Debate After Constitutional Amendments
(Jakarta: PT Rajagrafindo Persada, 2011), 7-8.

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The Pancasila legal system considers the best aspects of the

Rechtsstaat (Continental Europe) and the supremacy of law
(Anglo-Saxon), which meet in a colorful and integrated
relationship with the foundations of legal certainty and majestic
justice. In law enforcement, the Pancasila legal system requires
substantive justice through formal legal rules or requires certainty
based on formal legal regulations or requests certainty based on a
formal legal order that guarantees the fulfillment of substantial
justice. The patriotism and family-filled gotong-royong attitude are
highlighted in Pancasila's legal system, so bringing a case to court
will only be brought if a settlement with the family is
unsuccessful.22
The colorful concept of the Pancasila legal system
corresponds to the cultural roots of a nation that has typically lived
in the reality of the Indonesian nation for centuries. It is no shame
to say that Indonesia has its legal system, the Pancasila system
because every country can have its system according to its values.23

Pancasila: Between State Philosophy and Political Agreement

In discussing Pancasila as a state philosophy or just a
political agreement, the author looks at several views. Sutan
Takdir Alisjahabana (socialist) stated that it was an exaggeration to
consider Pancasila as a state philosophy because not only are the
principles heterogeneous, but also Pancasila itself is not free from
contradictions within itself. All the principles are not a logical
whole and unity, but there are still gaps in Pancasila. Before the
general election, Takdir even stated that Pancasila was just a
collection of different ideologies to reassure all groups at
meetings.24

22
Moh. Mahfud MD, Constitutional Law Debate After Constitutional Amendments
(Jakarta: PT Rajagrafindo Persada, 2011), 8.
23
Moh. Mahfud MD, Constitutional Law Debate After Constitutional Amendments
(Jakarta: PT Rajagrafindo Persada, 2011), 8.
24
Ahmad Syafi'i Ma'arif, Islam and Pancasila as the Foundation of the State: Study of
Debate in the Constituent Assembly (Jakarta: LP3ES, 2006), 148-149.

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 Muhammad Solikhudin and Moh Faizur Rohman

Takdir's argument that Pancasila is the basis of the state is

a political agreement that helps the Indonesian nation face a critical
and decisive moment in its history. Takdir's somewhat negative
statement about Pancasila received a warm welcome from Muslim
community representatives. For example, Hamka (Masyumi)
commented that Takdir, as a scholar and writer, acknowledged the
paradox of Pancasila. Still, his party (Socialist Party) accepted it as
the basis of the state according to his interpretation and did not
care if this principle was added. Thus, according to Hamka, the
acceptance of Pancasila by Takdir was a burden borne by the Party
itself, even though it conflicted with the results of its free
discussions.25
According to Hamka, Saifuddin Zuhri (NU) stated: I think
there is no need to comment on that part of the speech (Takdir)
because it is pretty clear that Pancasila still has many errors and
contains contradictions due to the lack of unanimity. Thinking.
Therefore, Natsiri understands who regrets Takdir, who adopted
Pancasila as the basis of the state despite shortcomings in its
principles. According to Natsiri, a famous thinker like Takdir
should not take such an attitude because the country's main
problem is severe.26
According to Natsir, Pancasila is secular because the
source of its guidance is not God's revelation. However, if you
think again, is it not possible to Islamize Pancasila, namely by
expressing several transcendental values as taught in the Koran? It
is understood that Shura is not the first time in Islam. It existed in
Arabia before Islam. Then, the Koran took it and translated it into
the Islamic language. Therefore, such a conversion is not
impossible in the case of Pancasila because its principles are also
found in Islamic teachings.27

25
Ahmad Syafi'i Ma'arif, Islam and Pancasila as the Foundation of the State: Study of
Debate in the Constituent Assembly (Jakarta: LP3ES, 2006), 149.
26
Ahmad Syafi'i Ma'arif, Islam and Pancasila as the Foundation of the State: Study of
Debate in the Constituent Assembly (Jakarta: LP3ES, 2006), 149.
27
Ahmad Syafi'i Ma'arif, Islam and Pancasila as the Foundation of the State: Study of
Debate in the Constituent Assembly (Jakarta: LP3ES, 2006), 150.

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These are arguments from Roeslan Abdulgani, one of the

ideologues of the PNI (Indonesian National Party). This contrasts
with fate, which says the country's main problems are metaphors.
Roeslan Abdulgani believes that the foundation of the state is
based on fundamental principles. 28He is the soul of all verses of
the Constitution and other statutory regulations. He denied the
notion that Pancas did not have an integrated logic. To support his
argument, Abdulgani refers to Kahin's opinion that Pancasila is a
synthesis of modern Islamic ideas, democratic ideas, Marxism, and
indigenous communist ideas.29
Based on Kahin's opinion, Abdulgani stated that Pancasila
is a mature social philosophy that greatly influenced the course of
the revolution. In short, for these nationalist intellectuals, the
sources of Pancasila are Islam, Western liberal democracy,
Marxism, and the less developed indigenous democracy found in
rural Indonesia. Calling Islam the first source of Pancasila, Roeslan
challenged Abdulgani Natsiri's opinion that Pancasila is an
abstraction or pure concept, secular in the sense of being irreligious
and neutral. In this context, the presence of the Ministry of
Religion, now the Ministry of Religion, in the Indonesian cabinet,
according to Roeslan Abdulgani, shows that Pancasila is not
secular.30
In the context of the issue of secularism raised by Nazir
and other parties related to Islam. Ruslan Abdulgani quoted Kemal
A. Faruk, who said that secular has two meanings: first, secular
means paying attention to worldly problems. In this case, Islam is
a secular religion. Second, secular, in the political sense developed
in the West, means the separation of spiritual things from worldly
things, and earthly things are considered the most important

28
Ario Putra, "Interpretation of Human Rights in the Pancasila Ideology and Its
Implications for Unity and Integrity in Indonesia", Human Rights Journal , Vol.13 No.1
(April, 2022), 7.
29
Ahmad Syafi'i Ma'arif, Islam and Pancasila as the Foundation of the State: Study of
Debate in the Constituent Assembly (Jakarta: LP3ES, 2006), 150-151.
30
Ahmad Syafi'i Ma'arif, Islam and Pancasila as the Foundation of the State: Study of
Debate in the Constituent Assembly (Jakarta: LP3ES, 2006), 151.

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things. Islam accepts the first but rejects the second. Meanwhile,
Arnold Momonutu from the Indonesian National Party adheres to
Pancasila and is Christian, saying that Pancasila is the starting
point for Christian religious values. According to the Bible, the first
commandment is the central pillar and source of other
instructions.31
Trying to color Pancasila with Christian teachings,
Mononutu stated: So Pancasila is not just a formula, not a set of
principles from several world views, but Pancasila is a logical,
religious-monistic philosophy that we can accept as Christians. The
establishment of the Republic of Indonesia was approved. So,
according to Mononutu, the most important thing is that Pancasila
is a meeting place for all believers in God Almighty and the
Prophet SAW for their group according to their class. According to
Mononutu, in the Indonesian constitution, there is no place for
articles of a secular nature.32
Pancasila is always open and tries to avoid the neutral
nature of state philosophy so that Islam can make many positive
contributions. Pancasila contains the principles of justice, equality,
human brotherhood, and freedom. According to Hata's vision, the
basic principle of the Indonesian state is Belief in One Almighty
God. These spiritual and ethical principles guide all things good
for the Indonesian people and nation. According to this
fundamental principle, the second principle of just and civilized
humanity continues the first principle in its implementation,
likewise with the third and fourth commandments. Meanwhile, the
ultimate goal of the Pancasila ideology is the fifth principle: social
justice for all Indonesian people.33
With this philosophy, according to Hatta, the Indonesian
government must not deviate from the straight path for the sake of
state and community security, world order, and national

31
Ahmad Syafi'i Ma'arif, Islam and Pancasila as the Foundation of the State: Study of
Debate in the Constituent Assembly (Jakarta: LP3ES, 2006), 153.
32
Ahmad Syafi'i Ma'arif, Islam and Pancasila as the Foundation of the State: Study of
Debate in the Constituent Assembly (Jakarta: LP3ES, 2006), 153.
33
Ahmad Syafi'i Ma'arif, Islam and Pancasila as the Foundation of the State: Study of
Debate in the Constituent Assembly (Jakarta: LP3ES, 2006), 158.

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brotherhood. The country gets a solid moral foundation by establishing the principle of Belief in One

. This is the essence of Hatta's Pancasila view.

Almighty God as the first principle

Even though he did not openly say that his opinion was taken
from Islamic teachings, the public knew that such an
understanding of Pancasila was only possible because Hatta was a
pious and consistent Muslim. This is where the strength of Hatta's
argument lies.34

Pancasila as a Legal Paradigm and Its Development in Indonesia

As the foundation of the state and its indisputable and
even extreme ideology, Pancasila must be used as a paradigm,
namely a frame of reference for thinking, a source of values, and
oriented towards legal development; for example—Every effort to
reform it. Pancras, as the basis of the state, does have legal
meaning because it contains the meaning of a series of legislative
provisions that are hierarchically structured and derived. At the
same time, Pancasila as an ideology can be called a socio-political
program in which law is one of the tools and, therefore, must be
based on it.35
It should be added that the term ideology refers to
teachings about the values or virtues of a nation or group of
people, which are considered reasonable and agreed upon as
guidelines for living together, but in fact, especially in Indonesia.
In society, ideology is the connotation of a social and political
program that tries to determine other things, including the law, its
tools, and its subordinates. In fact, according to the 1945
Constitution, it should be a law that covers all programs of
national and state life, including social and political programs.
However, in this context, whether the law is determined by politics
or subordinated to politics does not change the requirement that

34
Ahmad Syafi'i Ma'arif, Islam and Pancasila as the Foundation of the State: Study of
Debate in the Constituent Assembly (Jakarta: LP3ES, 2006), 158-159.
35
Moh. Mahfud MD, Building Legal Politics, Upholding the Constitution ((Jakarta: PT
Rajagrafindo Persada, 2017), 51.

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 Muhammad Solikhudin and Moh Faizur Rohman

the law must be based on Pancasila. In other words, Pancasila

must become the paradigm for all legal construction in Indonesia.36
Because Pancasila is the foundation of national and state
life, every step taken by the Indonesian nation and state must
always be based on all the principles contained in Pancasila. These
principles are a national ideology that contains the country's ideals
and goals. As a country of law, every citizen's actions must be
governed by the law, both written and unwritten. Regarding legal
development, Pancasila must also be the basis. All rules must be
based on the principles in Pancasila.37
Thus, the substance of the developed written law must
embody the principles contained in Pancasila. The substance of
legal products does not conflict with Pancasila. In legal terms, the
substance of legal products that represent the values contained in
Pancasila is the character of responsive legal products that are
always in the people's interests and represent people's aspirations.
If this happens, then Pancasila will be the paradigm for legal
development in Indonesia.38

Relations between Religion and State: The Existence of a

Religious Nation-State in Pancasila
If on 18 August 1945, the Preparatory Committee for
Indonesian Independence (PPKI) did not change the Preamble to
the Constitution, which had been ratified during the day of 10-16
July 1945 by the Investigating Agency for Preparatory Efforts for
Indonesian Independence (BPUPKI), then the implementation of
Islamic law as a source of formal law (regulations) legislation) in
various aspects will be able to be carried out without difficulty. As
is known, the preamble to the Constitution, which was ratified at
the BPUPKI session on 10-16 July 1945, contained the Jakarta
charter as the basis of the state whose first principle reads "Belief in

36
Moh. Mahfud MD, Building Legal Politics, Upholding the Constitution ((Jakarta: PT
Rajagrafindo Persada, 2017), 52.
37
Sri Soemantri, Indonesian Constitutional Law: Thoughts and Views (Bandung: PT Teen
Rosdakarya, 2015), 335-336.
38
Sri Soemantri, Indonesian Constitutional Law: Thoughts and Views (Bandung: PT Teen
Rosdakarya, 2015), 336.

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God with the obligation to implement Islamic law for its

adherents." 39 The Jakarta Charter resulted from a compromise
between secular and Islamic nationalists on June 22, 1945.40
The Jakarta Charter, especially those relating to the seven
words "implementing Islamic law for the sake of its people," was
revoked and amended at the PPKI session on 18 August 1945.
Thus, the first principle of the state's founding was "faith." in one.
and only God." Thus, Indonesia is a religious nation-state based on
Pancras. Not a spiritual state (following a particular religion) or a
secular state (no religion). Indonesia is a religious nation-state that
makes religious teachings the moral foundation and source of
material law In the administration of state and social life.41
The Pancasila state emphasizes four national legal
guidelines in the field of law. First, Indonesian law must guarantee
the integration or integrity of the nation. Therefore, there should be
no discriminatory laws based on local ties. The content of these
instructions is that national legislation must protect the integrity of
the nation and state, both territorially and ideologically. Second,
laws must be made democratically and nomocratically based on
wisdom. Therefore, its formation must consider the community's
aspirations and be done with legal or procedural fairness. Thus,
legislation and implementation of laws are sufficient to implement
majority-based democracy, but they must also be based on the
principles of the supremacy of law and the underlying
philosophy.42
Third, the law must strengthen the implementation of
social justice which, among other things, includes efforts to reduce

39
M. Noor Harisudin, "The Taqnin of Indonesian Islamic Law Dynamic", Journal of
Indonesian Islam , Vol.9 No.1 (June, 2015), 79. Ahmad Ali Nurdin, "Revisiting Discourse
on Islam and State Relations in Indonesia: The View of Soekarno, Natsir and Nurcholish
Madjid”, Indonesian Journal of Islam and Muslim Societies , Vo.6, No.1 (June, 2016), 79
40
Moh. Mahfud MD, Constitutional Law Debate After Constitutional Amendments
(Jakarta: PT Rajagrafindo Persada, 2011), 243.
41
Moh. Mahfud MD, Constitutional Law Debate After Constitutional Amendments
(Jakarta: PT Rajagrafindo Persada, 2011), 243.
42
Moh. Mahfud MD, Constitutional Law Debate After Constitutional Amendments
(Jakarta: PT Rajagrafindo Persada, 2011), 243-244.

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 Muhammad Solikhudin and Moh Faizur Rohman

the gap between the strong and the weak or rich and poor. This is
done through special state control over weak social groups so that
they are free to compete but never in balance with a small group of
strong members of society. Fourth, public law based on certain
religious teachings (binding society with various ties of origin)
cannot exist because the Pancasila legal rules emphasize the
existence of laws that guarantee tolerance of civilized religious
life.43
In such an approach, Islamic law (up to its articles of
association and jurisprudence) can be used as a source of national
law along with other sources that have long lived in the legal
consciousness of Indonesian society. Thus, Islamic law in the civil
sector, especially family law, still applies to Muslims, because the
Dutch colonial government made legal policies since 1848. It
should be noted that Muslims want to implement it themselves. It
can be understood that its implementation is due to the awareness
of Muslims themselves to carry it out, and not because of state
demands. In the case of followers of Islam, they apply the
teachings of their religion with their own consciousness. The state
must protect and even encourage it, so that no other party violates
or conflicts with other parties.44

The 1945 Constitution and Pancasila as Guidelines for Living

Harmony
The Indonesian nation is diverse. Plurality lies, among
other things, in belief and religion. Apart from the religions
adhered to in Indonesia, such as Islam, Catholicism, Protestantism,
Hinduism, and Buddhism, some beliefs are not based on religious
teachings but on beliefs that have grown among the people

43
Moh. Mahfud MD, Constitutional Law Debate After Constitutional Amendments
(Jakarta: PT Rajagrafindo Persada, 2011), 244.
44
Moh. Mahfud MD, Constitutional Law Debate After Constitutional Amendments
(Jakarta: PT Rajagrafindo Persada, 2011), 244.

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themselves, namely beliefs that the government classifies as part of

culture.45
In relation to religion and pluralism, WB Sidjaga is of the
view that Islam is an obstacle to pluralism in Indonesia and that
Islamic teachings are in nature contrary to the state foundation of
Pancasila, which is an incorrect and very unfortunate view. His
views have been sharply criticized by Nurcholish Madjid. The
plurality of society in terms of religion is a source of social
vulnerability if the development of religious life is not well
organized. 46Religion is a sensitive issue and if there is no mutual
understanding and tolerance between followers of different
religions, it is easy for conflict, clashes and even hostility to arise
between groups of religious believers.47
Therefore, in addition to religious freedom, it is necessary
to take coaching steps aimed at maintaining religious harmony. In
its constitutional form, the life of the Indonesian church is
contained in the 1945 Constitution as a preamble, content and
explanation. Pancasila was formulated in the preamble to the 1945
Constitution, the first principle of which is "Belief in One Almighty
God". The text has chapter xi entitled "Religion" which contains
article 29 which contains two verses. In the explanation of the 1945
Constitution, the principle of Belief in One Almighty God is
accompanied by the explanation: "Therefore, the Constitution must
contain content that requires noble human qualities and the moral

45
Ahmad Sukardja, Medina Charter and the 1945 NRI Constitution: A Comparative Study
of the Basis for Living Together in a Pluralistic Society (Jakarta: Sinar Graphic, 2012), 215-
216.
46
Neny Muthi'atul Awwaliyah, Strengthening Religious Moderation in Indonesia: Efforts
for Reconciliation Between Religious People , Article in the Book From Religious
Moderation to the Reconstruction of Jurisprudence: A Reflection on Academics in
Indonesia (Malang: Madza Media and LPPM UIN Raden Mas Said, 2021), 20.
Muhammad Solikhudin, Diversity of Jurisprudence and its Relevance in Guarding
Religious Moderation in Indonesia , Article in the book From Religious Moderation to
Reconstruction of Jurisprudence: A Reflection on Academics in Indonesia (Malang:
Madza Media and LPPM UIN Raden Mas Said, 2021), 13.
47
Ahmad Sukardja, Medina Charter and the 1945 Constitution of the Republic of
Indonesia: A Comparative Study of the Basis for Living Together in a Pluralistic Society
(Jakarta: Sinargrafia, 2012), 216.

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 Muhammad Solikhudin and Moh Faizur Rohman

ideals of the government and other constitutional tools. .noble

people.".48
Upholding the noble nature of humans and upholding
moral ideals. Of course, this cannot be separated from efforts to
control and develop the religious life of Indonesian society. In
order for this to happen throughout the territory of the Unitary
State of the Republic of Indonesia, the government not only
guarantees the freedom of every citizen to embrace their religion
and practice worship according to their beliefs and convictions. At
the same time guaranteeing, protecting, fostering, developing and
directing and directing religious life to develop even better and in
accordance with government policies based on Pancasila in
fostering national and state life.49
So it is clear that Pancasila is a way of life for all
Indonesian people to achieve a harmonious life. Religious figure,
KH Ibrahim Hosen around 1971 made an assessment with a
review of siyasah syar'iyyah and stated that Pancasila and the 1945
Constitution were very in accordance with the conception and
theory of siyasah fiqh, none of the articles, verses of the 1945
Constitution and the Pancasila precepts made lawful what was
haram. or forbid what is halal. In 1984, KH Ahmad Siddiq, as
quoted by Moerdiono, stated, "The Unitary State of the Republic of
Indonesia based on Pancasila is the final form of negata sought by
Indonesian Muslims.50
The expressions and judgments of the two ulama
mentioned above are fundamental expressions and judgments
which, when compared with the Medina Charter, are indeed in
line. The Medina Charter seems to emphasize Quranic or Islamic
content rather than the name of Islam. This is proven by the

48
Ahmad Sukardja, Medina Charter and the 1945 NRI Constitution: A Comparative Study
of the Basis for Living Together in a Pluralistic Society (Jakarta: Sinar Graphic, 2012), 216-
217.
49
Ahmad Sukardja, Medina Charter and the 1945 Constitution of the Republic of
Indonesia: A Comparative Study of the Basis for Living Together in a Pluralistic Society
(Jakarta: Sinargrafia, 2012), 217.
50
Ahmad Sukardja, Medina Charter and the 1945 Constitution of the Republic of
Indonesia: A Comparative Study of the Basis for Living Together in a Pluralistic Society
(Jakarta: Sinargrafia, 2012), 222

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manuscript of the Medina Charter which does not contain the

words Koran or Islam. In line with the two scholars, Munawir
Sjadzali assessed: "We Indonesian Muslims should accept the
Republic of Indonesia which is based on Pancasila as the final
target of our political aspirations and not just an intermediate
target or stepping stone towards other goals."51
It should be added that what is important to think about
seriously is not questioning the text, but the implementation of
Pancasila and the 1945 Constitution in the realities of life in society
and the state. Judging from this conception, it is clear that
Pancasila meets Islamic criteria. However, when compared with
the implementation of the Medina Charter and seen from the
siyasah syar'iyyah, the implementation of the 1945 Constitution still
really requires efforts to bring the implementation of the 1945
Constitution closer to religion and avoid the possibility of
implementation that is contrary to religion. A phenomenological
review of the implementation of the 1945 Constitution shows that
there is a close relationship between the form of implementation
and transcendental values. In line with the majority of Indonesian
Muslims, the values of Islamic teachings appear to have a lot of
influence on the implementation of the 1945 Constitution. 52

Pancasila State Reason Based on Maqasid al-Shari'ah Jamal al-

Din 'Atiyyah
Indonesia is a Pancasila country. Pancasila is the basis of
state philosophy ( philosofische Gronslag ), state ideology ( staatidee ).
In this case, Pancasila is used as the basis for regulating state
government or in other words, Pancasila is used as the basis for
regulating state administration. From a historical point of view,
Pancasila as the basis of the state was first proposed by Ir.

51
Ahmad Sukardja, Medina Charter and the 1945 Constitution of the Republic of
Indonesia: A Comparative Study of the Basis for Living Together in a Pluralistic Society
(Jakarta: Sinargrafia, 2012), 223.
52
Ahmad Sukardja, Medina Charter and the 1945 Constitution of the Republic of
Indonesia: A Comparative Study of the Basis for Living Together in a Pluralistic Society
(Jakarta: Sinargrafia, 2012), 223.

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 Muhammad Solikhudin and Moh Faizur Rohman

Soekarno at the session of the Investigating Committee for

Preparatory Efforts for Indonesian Independence (BPUPKI) on
June 1 1945. When BPUPKI in its meeting looked for a Gronslag
philosophy for an independent Indonesia, Pancasila was decided as
the name of the basic state philosophy and way of life of the
Indonesian people. Although in this case there are several different
sequences and formulations.53
The history of the formulation of Pancasila cannot be
separated from the history of the formulation of the 1945
Constitution. Pancasila as the basis of the state means that every
action of the Indonesian people and state must be in accordance
with Pancasila. This is because Pancasila was extracted from the
culture of the Indonesian people themselves, so that Pancasila has
a very broad function and role in state and national practice.
Pancasila is seen as the basis of the Indonesian state because it
contains several principles (five principles) which can be
understood as follows:54
First, the Principle of Belief in One Almighty God. In fact,
the traditions, customs and culture of the Indonesian people
cannot be separated from the practice of religious teachings. Since
ancient times, Indonesian people have lived their lives influenced
by traditions and religious values. Starting from Hinduism,
Buddhism, Christianity and Islam as well as other local beliefs,
such as animism and dynamism which contribute to the formation
of the character of Indonesian society. 55 For example, Javanese
traditions and culture cannot be separated from the role of Islam,
Hinduism and Buddhism. These three religions have each
contributed a lot to and perfected the construction, values, norms
and traditions of Javanese society. In this way, the Malay,
Minangkabau and Acehnese communities cannot be separated

53
Point Quarterly Tutik, Construction of Constitutional Law in Indonesia Post
Amendment to the 1945 Constitution (Jakarta: Kencana, 2011), 79.
54
Point Quarterly Tutik, Construction of Constitutional Law in Indonesia Post
Amendment to the 1945 Constitution (Jakarta: Kencana, 2011), 79.
55
Muhammad Al-Ayubi et al, Religious Nationalism: The Nationalism Manhaj of
Indonesian Ulama (Kediri: Lirboyo Press, 2020), 231.

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from the role of Islamic civilization. Toraja and Papua also

absorbed a lot from the world's great Christian civilizations.56
The role of religion in shaping the character of Indonesian
society is very fundamental and cannot be ignored. By this
reasoning, the Indonesian people are actually a religious society.
Therefore, the founders of the nation formulated the first principle
the principle of "Belief in One Almighty God." Because religion has
become an important part of people's lives in the archipelago,
apart from that, the phrase "Belief in the One and Only God" seems
to reflect the existence of the Indonesian people, because in general
they are a religious society.57
Indonesia is a country built on a religious nationality
based on the values of belief in God Almighty. For Muslims
themselves, belief in God Almighty is very important. It is the
essence of the teachings of monotheism. As explained in Surah al-
Baqarah: 163 and al-Anbiya': 25. Apart from that, the principle of
"Belief in One Almighty God," which is the first principle of
Pancasila, also provides the idea of freedom to embrace religion.
Provide guarantees of protection and equal rights for every
religious adherent. This means that the state cannot impose a
religion on someone. A state based on "Belief in One Almighty
God" guarantees the freedom of every citizen to embrace religion
and worship according to their respective religions.58
As stated in article 29 (2) of the 1945 Constitution, "The
state guarantees the freedom of every resident to embrace their
own religion and to worship according to their religion and
beliefs." In the Islamic context, freedom of religion is reflected in
the first principle like this, in accordance with the word of Allah in
surah al-Baqarah: 256 and surah al-Kafirun: 6. In the Medina
charter, the Prophet Muhammad himself never forced anyone to

56
Muhammad Al-Ayubi et al, Religious Nationalism: The Nationalism Manhaj of
Indonesian Ulama (Kediri: Lirboyo Press, 2020), 231.
57
Muhammad Al-Ayubi et al, Religious Nationalism: The Nationalism Manhaj of
Indonesian Ulama (Kediri: Lirboyo Press, 2020), 231.
58
Muhammad Al-Ayubi et al, Religious Nationalism: The Nationalism Manhaj of
Indonesian Ulama (Kediri: Lirboyo Press, 2020), 231.

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 Muhammad Solikhudin and Moh Faizur Rohman

convert to Islam. The Prophet gave freedom to the people of

Medina to embrace and believe in the religion they believed in. All
residents are recognized as citizens of the same country despite
their different religions. In line with the Medina charter, Pancasila
is the basis that can unite the diversity of this nation. The first
principle is an idea that has been highly developed in the culture
of Indonesian society for centuries. The spiritual values contained
in it are able to unite the Indonesian nation.59
Second, the Principles of Just and Civilized Humanity. The
second principle contains three important points that must be
considered, namely, humanity, justice, and civility. Humanity is
something related to the nature of a human being. This means that
the essence and dignity of a human being must be used as a moral
reference in the life of the nation and state. Apart from that, in
Islam, Allah has glorified humans. He is a created creature that is
considered the most perfect. As explained in Surah al-Isra': 70.
Human glory is a natural right. It is under the protection of Islam
as a moral and ethical foundation, regardless of social and
religious status. No one may degrade, exploit, or trample on the
dignity of others. This humanitarian vision aims to realize
humanist and harmonious relations in a pluralistic nation.60
The diversity that Indonesia has is understandable, but it
is a reality that is impossible to homogenize. Primordial
differences, such as race, ethnicity, culture, customs, language, and
religion, are not a reason to fight each other. Because differences
are actually used as capital to get to know each other, as explained
in Surah al-Hujurat: 13. This verse explains the universal call for
humanity. Human brotherhood must continue to be maintained, as
stated in the second principle. The second point of the second
principle of Pancasila is justice. Adil is vocabulary absorbed from
Arabic. This word is often mentioned in the Koran and the hadith
of the Prophet Muhammad, which calls for acting fairly. As

59
Muhammad Al-Ayubi et al, Religious Nationalism: The Nationalism Manhaj of
Indonesian Ulama (Kediri: Lirboyo Press, 2020), 231.
60
Muhammad Al-Ayubi et al, Religious Nationalism: The Nationalism Manhaj of
Indonesian Ulama (Kediri: Lirboyo Press, 2020), 231.

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explained in Surah an-Nahl: 90. Justice is a basic principle that is

highly emphasized in Islam. Moreover, in the context of law
enforcement, humans are required to enforce the law as fairly as
possible. This is as stated in Surah an-Nisa': 58.61
Apart from that, justice must also be served to everyone.
Even towards people you hate. As explained in Surah al-Maidah:
8. In the humanitarian context, the word justice is understood as an
effort to treat humans equally by providing their rights
proportionally, without discriminatory treatment based on
subjective matters, such as hereditary factors, social status, and so
on. Diversity of ethnicity, religion, race, culture, and so on is not a
reason to carry out discriminatory actions against other people.
The most fundamental value of justice is human equality.
However, equality here should not be interpreted as something
similar. This means that the facts about a person's strength and
weakness, tallness and shortness, men and women, etc., are
realities of life that are impossible to reconcile based on the
principle of equality, however, above the principle of justice. In a
sense, giving someone's rights proportionally and placing them
according to their respective portions.62
Thus, upholding justice is an ideal in national, state, and
religious life. The country stands intact if it is built on the basis of
justice. Meanwhile, the country will dissolve if it is built with
tyranny. The third point in the second principle is civilized which
comes from the word adab which means how to act or act in
accordance with the rules, manners and character. Adab is also
defined as discipline of the soul and mind, commendable qualities
and a sign of someone who uses reason in every action. Then, the
word civilized in Indonesian has two meanings. First, have
manners and behave politely. Second, progress in the level of life,
both physically and mentally. Meanwhile, the emphasis in one of
the second series of precepts is about life ethics. Either as an

61
Muhammad Al-Ayubi et al, Religious Nationalism: The Nationalism Manhaj of
Indonesian Ulama (Kediri: Lirboyo Press, 2020), 231.
62
Muhammad Al-Ayubi et al, Religious Nationalism: The Nationalism Manhaj of
Indonesian Ulama (Kediri: Lirboyo Press, 2020), 231.

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 Muhammad Solikhudin and Moh Faizur Rohman

individual or part of a large nation. In fact, the main mission of the

Prophet Muhammad was to perfect human morals.63
Good ethics in Islam in the context of a state can be
realized by imitating and respecting leaders, as long as they do not
rule in disobedience. With reference to this, the act of treason is an
act that does not have a legal basis in religion or is prohibited.
Treason in Islam is known as bughat , namely rebelling against the
legitimate government. Thus, the principles of humanity reflected
in the second principle of Pancasila are a balance to the sense of
nationality which is directed towards living a religious life. Apart
from that, managing relationships with fellow humans for the
benefit of humanity itself is basically another form of carrying out
the commands of God Almighty.64
Third, the Principle of Indonesian Unity. A large and
diverse nation like Indonesia certainly has the potential for
division. Egoism, exclusivism and absolutism which are motivated
by religious, ethnic or tribal differences, will truly weaken the
existence of a country. The founding fathers of the nation were
well aware of the experience of the colonial period which was
always plagued by divisions. Therefore, the founders of this nation
put the principle of Indonesian unity in the third principle.65
Unity is an idea that can unite different elements from
various national styles and diversity, known as the slogan
Bhinneka Tunggal Ika. This slogan then emerged as a collective
step towards the same goal. In Islam, this third principle is in
accordance with Surah Ali-Imran: 103. The relationship to Allah in
this verse can be interpreted as a congregation. In Islamic terms,
the word congregation does not simply refer to a large crowd of
people, but rather to the conscious unification of people in a
structured container and pattern of togetherness. The concept of
the congregation has a certain vision, mission, rules and leadership

63
Muhammad Al-Ayubi et al, Religious Nationalism: The Nationalism Manhaj of
Indonesian Ulama (Kediri: Lirboyo Press, 2020), 231.
64
Muhammad Al-Ayubi et al, Religious Nationalism: The Nationalism Manhaj of
Indonesian Ulama (Kediri: Lirboyo Press, 2020), 231.
65
Muhammad Al-Ayubi et al, Religious Nationalism: The Nationalism Manhaj of
Indonesian Ulama (Kediri: Lirboyo Press, 2020), 231.

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to achieve common ideals and goals. Humans are commanded by

God to love each other and forbid them to fight with each other.
Because this will cause destruction. Therefore, unity must be
maintained so that goodness and prosperity can emerge. In order
to avoid destruction and danger, unity must be upheld and from
unity it can give rise to goodness which mediates the emergence
and implementation of various brilliant ideas.66
Fourth, the principle of democracy guided by wisdom in
deliberation or representation. Democracy can be interpreted as
anything related to the people. Democracy can also be interpreted
as a democratic system, a system of government with supreme
power in the hands of the people. This system is different from
feudalism which is more centered on the interests of the king and
the ruling elite. In this sense, the fourth principle emphasizes that
state policy can be decided by mutual agreement based on the
interests of the people.67
The direction of state policy is not distorted by the ruling
elite. Because the interests or benefits of the people are the
reference for all state policies. As stated in the rules of Islamic
jurisprudence, a leader's policies must be oriented towards the
common good. 68 Apart from that, the fourth principle is also a
guideline for leaders to carry out God's mandate with a sense of
responsibility, justice and integrity. The term wisdom is someone's
wisdom that can lead to the best choice, because of the breadth of
knowledge they have. This attitude will lead to the title al-hakim (a
wise person). This word wisdom is in accordance with Surah al-
Baqarah: 269. When the sentence wisdom is connected with
leadership, it means that the leaders of this nation are chosen

66
Muhammad Al-Ayubi et al, Religious Nationalism: The Nationalism Manhaj of
Indonesian Ulama (Kediri: Lirboyo Press, 2020), 231.
67
Muhammad Al-Ayubi et al, Religious Nationalism: The Nationalism Manhaj of
Indonesian Ulama (Kediri: Lirboyo Press, 2020), 231.
68
Sayyid Abi Bakr al-Ahdali al-Yamani al-Shafi'i, al-Faraid al-Bahiyah fi al-Qawaid al-
Fiqhiyyah (Kediri: Madrasah Hidayatul Mubtadi-in, 2004), 48.

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people who have goodness, wisdom and discretion as well as

extensive knowledge in carrying out the mandate of the state.69
Wisdom can also be interpreted as efforts to carry out state
duties fairly and responsibly. Because, all policies provided will be
based on the interests and benefits of the people. Meanwhile,
deliberation/representation is the principle of deliberation which
aims to determine the direction of state policy. In the context of a
modern state, deliberation is carried out through parliament or
people's representatives.
Deliberations are carried out by people's representatives
who really know what the people need by considering the
beneficial values which are at the core of maqasid al-shari'ah which
have an impact on social welfare. The content of this fourth
principle is in line with the ash-Shura letter: 38 and the ali-Imran
letter: 159. Thus, the fourth principle emphasizes that the
Indonesian nation is a country that always prioritizes the interests
of the people over individual interests. Despite the fact that
corruption occurs everywhere, at least with democratic principles,
sovereignty is in the hands of the people, individual interests can
be minimized and supervised by the people as the holder of the
highest power.70
Fifth, the Principle of Social Justice for All Indonesian
People. This last principle is a description of the ideals of the
Indonesian people in living their national and state life. The ideals
of the Indonesian nation are to create justice and social order in all
areas of life, whether economic, social, political and so on,
including spiritual life involving religious issues. The ideal of
creating a just and prosperous society has actually been embedded
for a long time in the slogan: gemah ripah loh jinawi, order of peace
kerta raharja.71

69
Muhammad Al-Ayubi et al, Religious Nationalism: The Nationalism Manhaj of
Indonesian Ulama (Kediri: Lirboyo Press, 2020), 232.
70
Muhammad Al-Ayubi et al, Religious Nationalism: The Nationalism Manhaj of
Indonesian Ulama (Kediri: Lirboyo Press, 2020), 232.
71
Muhammad Al-Ayubi et al, Religious Nationalism: The Nationalism Manhaj of
Indonesian Ulama (Kediri: Lirboyo Press, 2020), 232.

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This fifth principle aims to ensure that there is no

inequality or inequality between Indonesian people in various
fields, especially in the economic sector. All Indonesian people
must experience justice, not just the monopoly of a few groups. No
political, legal, economic or development system should unfairly
favor any group. This spirit of justice is in accordance with al-
Hasri's letter: 7. Pancasila in its first principle reflects the teachings
of monotheism and none of its principles contradicts Islamic
teachings.72
The values contained in Pancasila are in accordance with
the universal teachings of the Koran, Hadith and Islam, thus the
noble values of the state are accepted and justified by Islam. The
foundation of the state in the form of Pancasila and the Islamic
religion are two things that are harmonious and mutually
supportive. The Republic of Indonesia is a legal state and must be
protected from a religious perspective. Pancasila is the only basis
of the state that can protect all groups and strengthen unity, so
accepting and implementing Pancasila is part of practicing Islamic
teachings.73
The Pancasila state in no way prevents Muslims from
implementing and fighting for Islamic law. However, the struggle
to protect religion in the Pancasila state must be carried out based
on the principles of wisdom and wisdom, must not pit other
religions against each other, and religion must be a source of
inspiration that can prioritize values that can be fought for. treated
in many ways. In Indonesia, welfare institutions are provided by
ideology and constitution.74

72
Muhammad Al-Ayubi et al, Religious Nationalism: The Nationalism Manhaj of
Indonesian Ulama (Kediri: Lirboyo Press, 2020), 232.
73
Alfanul Makky et al, Criticism of Radical Ideology: Deradicalization of Extreme Religious
Doctrines in an Effort to Strengthen Islam with a National Insight (Kediri: Lirboyo Press
and Lawang Songo, 2019), 421-424.
74
Alfanul Makky et al, Criticism of Radical Ideology: Deradicalization of Extreme Religious
Doctrines in an Effort to Strengthen Islam with a National Insight (Kediri: Lirboyo Press
and Lawang Songo, 2019), 421-424.

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 Muhammad Solikhudin and Moh Faizur Rohman

Discussing the Pancasila state in Jamal al-Din 'Atiyyah's

maqasid is interesting to observe. Because it finds harmony, Pancasila,
which is a philosophical foundation and is built on the basis of
togetherness, so that peace, harmony and a sense of one homeland,
helping each other emerge. Jamal al-Din 'Atiyyah groups maqasid
al-shari'ah studies into three groups. First, a group that separates
the discipline of maqasid al-shari'ah which is completely separate
from ushul fiqh. Second, the group that makes maqasid al-syarī'ah
an intermediate study between fiqh and ushul fiqh. Third, the
group that made maqasid al-shari'ah as a result of the
development of uṣūl-fiqh studies.75
The author has a view in line with the first group which is
independent of maqasid al -shar'ah as a scientific discipline that is
completely separated from uṣūl fiqh. This requires humans to
continue studying this science in response to the changing times
which continue to develop so quickly. In general, this maqasid
statement is an entry point into discussing the goals of the
Indonesian state with its Pancasila ideology in order to create good
personal and collective maslahah within the nation state.
Maqasid Jamaluddin 'Atiyah is part of maqasid al-mu'amalah
which in a broad sense means interaction between people (social
activities) or can also be understood as part of maqasid al-siyasah
because it is related to state governance. When traced from maqasid
al-Shatibi to the personal mudallaf spectrum which includes five
basic maintenance. 76 These five basic principles definitely have
benefits for humans, if they are connected to the goals of the state,
in primary sources of Islamic law the commands for protecting
oneself, reason, offspring and property are explained.
Similar to maqasid al-Shatibi, maqasid Jamaluddin 'Atiyah
which is directed towards the personalmukallaf is also for the
benefit of the individualmukallaf with its development. These

75
Jam a l al-D i n 'Aṭiyyah, Towards Realization of the Higher Intents of Islamic Law ,
Maqasid al- Shar i 'ah: A Functional Approach (Washington: IIIT, 2007), 153-160. Jam a l
al-D i n 'Aṭiyyah and Wahbah Zuhaily, Tajd i d al-Fiqh al-Islam ī (Beirut: Dār al-Fikr al-
Mu'asir, 2000), 196.
76
Abu Ishaq al-Shatibi, al-Muwafaqat fi Usul al-Shariah (Beirut: Dar al-Kutub al-Ilmiah,
2009), 220.

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maqasid include hifz al-nafs , hifz al-'aql , hifz al-tadayun , hifz , hifz
'irdli and hifz al-mal . 77In line with hifz al-mal , namely Maqasid al-
mu'amalat 78 is part of maqasid al-khassat 79 which relate to
transactions and laws relating to personal mudallaf for the common
good or can also be interpreted broadly as relations between
humans and other humans for the purpose of the common good.
Therefore, everymukallaf is obliged to work, seek halal sustenance
in order to own property and manage it. Meanwhile, according to
maqasid al-ammah, it is related to general goals. Like taking things
that matter.
Mu'amalat maliyah in Islamic law, which is also called
maqasid hifz al-mal, is related to two things, namely, first, the
justified way of obtaining property by seeking halal sustenance
which can be done in various professions according to each
individual's tastes and talents. . Second, manage the assets
obtained and negate everything that is prohibited, such as taking
assets that do not belong to you, as explained in the holy book.80
As for the realm of maqasid al-ummah , it includes
maintaining security, managing institutional organizations in a
community, upholding justice, maintaining religion and character,
helping each other, spreading knowledge and protecting the minds
of the people, and building the earth and saving the people or
community. 81 In the spectrum, country can be interpreted as
nation. So it is necessary to manage, care for and develop the
country. Of course it must be implemented together. This is stated
in Pancasila.

77
Jam a l al-D i n 'Aṭiyyah, Nahwa Taf' i l Maqasid al- Shar i 'ah, (Damascus: D a r al-
Fikr, 2003), 142-147.
78
Abd Latif al-Syekh Taufiq al-Sabagh, Maqasid al-Shari'ah wa al-Mu'amalat al-
Iqtisadiyah wa al-Maliyah (Paper: Markaz Abhas al-Iqtisad al-Islami, 1430) 6.
79
Abd Wadud Mustafa al-Mursi al-Su'udi, Maqasid al-Shari'ah wa Tatbiquha fi al-
Mu'amalat al-Masrafiyah al-Mu'asirah (Paper al-Jami'ah al-Wataniyah al-Malaysia,
2010) , 6.
80
Riyad Mansur al-Khalifi, al-Maqasid al-Shari'ah wa Atsaruha fi Fiqh al-Mu'amalat al-
Maliyah (Paper: Jami'ah al-Mulk Abd Aziz, 2004), 20.
81
Jam a l al-D i n 'Atiyyah, Nahwa Taf' i l Maqasid al- Shar i 'ah, (Damascus: D a r al-
Fikr, 2003), 148-164.

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 Muhammad Solikhudin and Moh Faizur Rohman

In maqasid al-insaniyah, it is divided into several things,

helping each other, getting to know each other and complementing
each other, realizing general leadership on earth and responsibility
for what is led, realizing world peace built on the basis of justice,
international protection for rights humanity, and spreading Islamic
da'wah or Islamic values.82 The emphasis is on humanity, peace,
upholding justice and the preaching of Islam that is rahmatan lil
'alamin. In a nation state it must be implemented in continuity. So
it can be understood that this has been stated in Pancasila as the
philosophy of the nation and state in order to realize inclusive
reason and harmony.

Conclusion
The Pancasila state or what is often referred to as the
Indonesian state with the Pancasila ideology is a logical, realistic
and wise choice for diversity in Indonesia. Pancasila is a prismatic
concept that takes the good aspects of two opposing concepts
combined as a separate concept so that it can always be actualized
with the reality of Indonesian society and its every development.
Pancasila is always open and strives to avoid the unclear nature of
state philosophy, so Islam can make many and positive
contributions.
Pancasila contains the principles of justice, equality,
human brotherhood, and freedom. Pancasila must be used as a
paradigm, namely a framework for thinking, a source of values
and directional orientation in legal development, including all
efforts to reform and develop it. Indonesia, based on Pancasila, is a
religious nation-state whose existence must be maintained. Pancasila
is a way of life for all Indonesians to achieve a harmonious life. The
State of Pancasila, viewed from the maqasid al-shari'ah of Jamal al-
Din 'Atiyyah, appears clearly by the maqasid personalmukallaf ,
maqasid al-ummah and maqasid al-insaniyyah.

Jam a l al-Din 'Atiyyah, Nahwa Taf' i l Maqasid al- Shar i 'ah, (Damascus: D a r al-Fikr,
82

2003), 164-172.

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 Pancasila State: Study of Concepts, State Philosophy, Paradigms, Existence

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