PRINSIP SYURA’ DALAM KONSTITUSIONAL ISLAM

Santoso, Lukman

As-Salam: Jurnal Studi Hukum Islam & Pendidikan
Vol 1, No 1 (2012): DINAMIKA PENDIDIKAN & PENEGAKAN HUKUM DI INDONESIA

This topic examines concept “syura” (conference; negoisation) and how toimplement “syura” to the context of constitutional state right now. Includingthe offending with rechstaat/ rule of law. Syura is defined as the mainprinciple for solving the social, politic, and government problems. Syura isthe way to give the opprtunity to the society who has an ablity to participatefor making a decision which binds as well as in the law regulation and politicpolicy. But the implementation of syura althought the institutionalizationof syura, no nash of Al-Qur’an that decribes about it. Prophed MuhammadSAW—that instituted and cultured syura—did not leave the specific patternand the form. Beause of that, the moslems right now and to te next, thepartern and the form of that implementation, are free to initiative. So it canbe appropriated with the condition and the reality. Including that relevancewith the parliamentary democratie concept or the exixtence of legislativeinstiution, especially Indonesia.Keywords: Syura’, Konstitusional Islam, Negara Modern