MAQASIDU ASY SHARI’AH IN THE CONCEPT OF THE LEGAL STATE OF PANCASILA

Abstract

The rule of law in its development has experienced several concepts of meaning including the concept of the rule of law state, the concept of the state of law rechtsstaat, and the concept of the state of law Pancasila. The differences in the concept of the rule of law that exist in several countries cannot be separated from the differences in the socio-cultural conditions that exist in several countries. For example, in Indonesia, Pancasila is a view and philosophy of life that is full of ethical and moral values for Indonesian people, as stated in the 1945 Constitution Preamble and implied in the Articles of the 1945 Constitution of the Indonesia Republic. However, to clarify the characteristics of the Pancasila legal state, it is necessary to have the values inherent in the Indonesian nation. Considering that the majority of the Indonesian population is Muslim, the values of maqasidu shari’ah are used as a tool to clarify the characteristics of the Pancasila legal state as well as to assess the extent of its implementation. This study examines the potency of Maqashid Sharia to be implemented in Pancasila as state law in the midst of religious diversity in Indonesia. This study applies the philosophical approach to discover the essence of Maqashid Sharia, so that relevance and significance can be obtained. This study indicated that although in Indonesia there are many religions, sharia values must be able to protect them, so that in the end, sharia values contained in maqasidu asy shari’ah can be accepted by the Indonesian people through the concept of a state of law Pancasila.