International Journal of Humanities and Social Science

      ISSN 2220-8488 (Print), 2221-0989 (Online) 10.30845/ijhss

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      The Existence of Indonesia in Modern Jurisprudence (Fiqh) Perspective
      Dr. H. Sirajuddin M

      Abstract
      The historical route of citizenship relationship life and religion in Islamic world is very fluctuateve. Similarly, Indonesia has experienced ups and downs since the beginning of independence until the reformation era. Even these days there are a number of fundamentalist movements who want to change the life principle of the nation state which has the nation's philosophy of life in the form of Pancasila and the 1945 Constitution as its constitution. Therefore, this paper is going to examine the importance of the nation-state in the life of Indonesian nationhood and fiqh (Islamic law) experts’ view on the relationship between religion and the State of Indonesia. The approach used in this study is a conceptual approach (conceptual approach) and historical approaches while the method of analysis used is the productive hermeneutics analysis of Hans G Gadamer. The results of this study indicate that historically, the Prophet had ever built a relationship between religion and state is very good which was proved by the establishment of the "Charter of Medina". That phenomenon has same principle as the idea of founder of the State of Indonesia which established the nation based on the philosophy of Pancasila and the 1945 Constitution, which was the State system development is in conformity with what the Prophet Muhammad in Medina which was never built political agreement based on the Quran and Hadith , but with the "Charter of Medina", known as the "Constitution of Medina". Therefore, modern jurisprudence views Islamic caliphate system not as a religious obligation, but it is historical fact as one of the countries that have built as a result of ijtihad Prophet Muhammad and his companions.

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