Perspective of Fiqh towards the State Administration System: Review of the Legal Foundation of the Indonesian Democratic Reform Era Assoc.
Prof. Dr. H. Yasid, M.A., LL.M.

The dispute of thought between ’religion state’ and ’secular state’ should not happen if they are able to taper seated problems in the shari'ah proportionally. Shari'ah is often interpreted according to the interpretation of certain groups that tends to lead to fiqh or particular acts (al-ahkam al-juz’iyyah) in the teaching of religion. Thus, the debate between the two sides are mostly on the implementation of shari'ah in every country. Yet the real substance of the shari'ah is a living organism that is able to loose any debatable issues in the religion for the benefit of ummah. In the context of our country in reform era, the substance of shari'ah had been manifested by implementing a democratic system based on a strong legal foundation for the benefit and welfare of the people. Therefore, some law institutions like Constitutional Court (MK) and super agency called KPK are established to guard the constitution and state budget.

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