Constitutional Fiqh in The Framework of The Pancasila State

Abstract

This researcher's article discusses constitutional fiqh in the framework of the Pancasila state. Constitutional fiqh is the study of constitutional law that is based on Islamic principles collected through ijtihad from basic sources of Islamic law and supplementary sources. This type of fiqh is inextricably linked to parts of the rule of law that embody the values of justice, deliberation, equality, and liberty within the context of moral responsibility. The locus of constitutional fiqh in this case is Indonesia, as a democratic Pancasila state; if one examines the Pancasila state thoroughly, it has significance for responding to the issues posed by the transnational Islamic movement advocating for a Khilafah state. Islam lacks a standardized and precise understanding of the state and government. However, Islam establishes universal axioms on the relationship between religion and state, allowing for greater flexibility in recognizing the evolution of society throughout history. The function of human reasoning is critical in reconciling religious scriptures with the ever-changing realities of contemporary society. Conditions such as this demonstrate normalcy, and the study of the link between religion and the state is always fascinating. The field of constitutional jurisprudence, particularly in Indonesia, is undergoing significant growth and development. The link between religion and state results in the creation of ideals consistent with maqasid al-shari'ah, such as justice, harmony, pluralism, welfare, and goodness.