CONCEPT AND APPLICATION OF GOOD GOVERNANCE IN UMAR BIN ABDUL AZIZ’S REIGN
ZUL KARNAINI
Ministry of Religious Affairs of Aceh Jaya Regency, Aceh, Indonesia Email: zulkarnaini.mag@gmail.com
Abstract: The term Good Governance (an-Nizam al-Siyasah) is an Islamic concept for implementing good governance based on the Qur’an and Hadith. UNDP redeveloped this concept in 1990. It was originally implemented by Umar bin Abdul Aziz during the Umayyad dynasty, balancing a synergistic and constructive relationship between the state, private sector and society. Umar bin Abdul Aziz applied the principles of good governance consisting of 1. Tawhid (oneness), 2. Trust, 3. Deliberation, 4. Justice and Law Enforcement, 5. Equality, 6. Brotherhood, 7. Human Rights, 8. Effective and Efficient, 9. Social Supervision.
These principles of good governance are in line with Islamic values, such as holding Allah as the highest caliph, trustworthiness, deliberation, justice, equality, brotherhood, human rights, and commanding good and evil. In contrast, the Good Governance of UNDP and LAN have the following principles: participation, law enforcement, transparency, equality, responsiveness, effectiveness, professionalism, and supervision. The principles of good governance by Umar bin Abdul Aziz are associated with maqasid sharia, which include the principle of tawhid according to maqasid sharia in muhafazah ad-din (maintaining religion), the principle of trustworthiness and effectiveness and efficiency, including in muhafazah al-mal (protection of property). The application of deliberation, including in muhafazah al-aql (preservation of reason), and brotherhood is in muhafazah al-nasl (maintaining offspring). Human Rights are in muhafazah al-nafs (protecting the soul), in line with the maqasid shari›ah al-Syatibi. If tawhid is connected with Imam Malik›s istislahi theory, then this principle is in daruriyyah (principle), while justice and law enforcement, deliberation, trust, equality, brotherhood are included in the hajiyyah category. Effective, efficient social supervision is included in the category of taksiniyah. This study discusses how Umar bin Abdul Aziz’s good governance is implemented and how it is related to the UNDP good governance. The study contributes to the body of knowledge related to the state.
Keywords: Good Governance, Concepts and Applications, Umar Bin Abdul Aziz’s Government
Abstrak: Istilah Good Governance (an-Nizam al-Siyasah) merupakan konsep Islam dalam pelaksanaan tata kelola pemerintahan yang baik sesuai al-Qur’an dan Hadits. Konsep ini dimunculkan kembali oleh UNDP pada 1990 yang pernah dilaksanakan Umar bin Abdul Aziz pada masa dinasti Umayyah, dalam menyeimbangkan hubungan yang sinergis dan konstruktif antara negara, sektor swasta dan masyarakat, melalui prinsip good governance yang diterapkan Umar bin Abdul Aziz: 1. tawhid, 2. Amanah, 3. Musyawarah, 4. Keadilan dan Penegakan Hukum, 5. Persamaan, 6. Persaudaraan, 7. Hak Asasi Manusia (HAM), 8.
Efektif dan Efisien, 9. Pengawasan Sosial. Prinsip-prinsip Good governance Umar bin Abd
Volume 7, Number 1, 2022
P-ISSN: 2502-8006 E-ISSN: 2549-8274 DOI: https://doi.org/10.22373/petita.v6i1.108
Aziz sejalan dengan tata nilai Islam, seperti: Allah sebagai khalifah tertinggi, amanah, musyawarah, keadilan, persamaan, persaudaraan, HAM, dan amar makruf nahi munkar.
Sebagai bandingannya adalah Good Governance UNDP dan LAN memiliki prinsip sebagai berikut: partisipasi, penegakan hukum, transparansi, kesetaraan, daya tanggap, efektif, profesionalisme, pengawasan. Prinsip-prinsip good governance Umar bin Abdul Aziz diakaikan dengan maqasid syariah adalah; prinsip tawhid sesuai maqasid syari’ah bidang muhafazah ad-din (menjaga agama), prinsip amanah dan efektif serta efisien termasuk ketagori muhafazah al-mal (penjagaan harta). Penerapan musyawarah, termasuk kategori muhafazah al-aql (penjagaan akal) dan persaudaraan termasuk kategori muhafazah al- nasl (menjaga keturunan). Hak Asasi Manusia (HAM) termasuk kategori muhafazah al-nafs (menjaga jiwa). sejalan dengan maqasid syari’ah al-Syatibi. Jika dihubungkan tawhid dengan teori istislahi Imam Malik maka prinsip ini termasuk daruriyyah (pokok), sementara keadilan dan penegakan hukum, musyawarah, amanah, persamaan, persaudaraan termasuk tingkatan kategori hajiyyah. efektif, efisien, pengawasan sosial termasuk kategori taksiniyah. Lalu bagaimanakah good governance ini diterapkan dan bagaimana hubungannya dengan good governance UNDP. Inilah kajian risalah ini sebagai bahan untuk menambah khazanah ilmu pengetahuan dalam bernegara.
Kata Kunci: Tata Kelola, Konsep dan Aplikasi yang Baik, Pemerintahan Omar Bin Abdul Aziz
Introduction
The government has an Islamic obligation to manage the affairs of the people (ummah).
Religion cannot exist without a state or government1. Religious values, such as security, justice, order, and civilization, can only be enforced through government. The primary purpose of establishing a government is so that humans can meet each other’s needs by working together in groups (society), thus requiring an authoritative leader2 or vizier3. The procedure for regulating government in Islam is called fiqh siyasah or al-siyasah al- syar’iyah. Fiqh siyasah is sourced from the texts, sunnah, and ijtihad ulama4, which aim to meet human needs and achieve Islamic goals. Therefore, an agreement was formed.
Collective agreement or community organization (ijtima’insani) with the government is a must for humans (al-ijtimaa’ dharuuriyyun li an-nawi al-insaani) according to the theory called ashabiyyat5. One of the theories about the origin of the formation of a universal state, as found in both Western and Eastern society, both in Christianity and Islam, is that of community agreement6.
Al Farabi also discussed government7 and stated that the relationship between the state and humans is very close, like the interrelated human body. Referring to the term known as Al-Madinah Al-Fadhilah, he comments: “The state is the same as the human body. There are heads, hands, feet, and other body parts, which have a specific function. The head is the crucial part of the body because it controls all actions, while the heart controls how the brain works. Likewise in a state, what is very important in government is its leader or ruler, together with his subordinates, like the heart and the lower organs. The ruler must
1 Yusuf Qardhawi, Min Fiqih Daulah Fi Islami (Rabbani Press 1997), p. 16.
2 Munawir Sadzali, Islam Dan Tata Negara: Ajaran, Sejarah Dan Pemikiran (UI Press 1993), p. 89.
3 Hasbi Asy Shiddiqy, Islam Dan Politik Bernegara (Pustaka Rizki Putra 2002), 117-121.
4 Abdul Wahab Khallaf, Al- Siyasah Al-Syar’iyat (Dar al-Ansar 1977), p.15.
5 Ibnu Khaldun, Muqaddimah Ibnu Khaldun (Pustaka Al-Kausar 2001), p. 139-140.
6 Deliar Neor, Pemikiran Politik Di Barat (Rajawali Press 1982), p.79.
7 Strauss, History of Political Pilosophy (The University of Chicago Press 1973), p. 182; De Boer, The History of Philosophy in Islam (Luzas and Company 1970), p. 107; Tim Paramadina, Kajian Filsafat Islam (Paramadina 1992), p.34.
be the most superior person, both intellectually and morally among others…”8.
This statement shows that in social life, the leader is needed to regulate the benefit of the community. From Al-Farabi’s perspective, the leader must be someone who is intellectually and morally superior, and the people must be proactive in creating a good state to establish the relationship between the leader and the led (the people)9. The state also acts as an organization for people living together in an organized order. As such, Al-Farabi divides society into six categories based on its citizens’ goals: first, the Regime of Necessity which aims to meet the basic needs of life; second, the Regime of Oligarchy, which aims to obtain prosperity for themselves; third, the Low Regime, which aims to achieve false pleasure;
fourth, the Regime of Honour or Timocracy, which aims to be honoured, respected and glorified by others; fifth, the Regime of Domination (Tyranny), which aims to dominate and control others; sixth, the Regime of Democratic (Regime of Corporate Association), which aims to have the freedom to act without control or coercion from other parties10. For these six regimes, laws and regulations are necessary to control the state life based on two things: first, the concept of a leader and being led, or the concept of leadership;
second, the happiness concept. Al Faraby emphasized that humans need a leader to determine happiness11.
The state was founded from, by, and for the people for the sake of their lives. This means that the state comes from the people’s will and is a tool to achieve common goals12. State life is a must for humans to create “order” and form “common interests” in society. It shows that the state is an integration of the political-society power dynamic which has the authority to regulate human relations and symptoms of power within that society.
The state as an organization must be able to legally impose its power on other groups and determine the goals of social life13. Based on a common goal, with the existence of the state and its instruments, those living in the state can impose a common desire for the common good and benefit as well14.
Based on these necessities, fiqh states that the government system that the community must implement is fardu. Society will be considered sinful if it does not enforce it15. The system of government meant by fiqh is one that guarantees the welfare of the people with a constitution16 or a government whose constitution is Islamic law, which aims to regulate people’s lives, whether related to worship, muamalah amaliyah or with ahwal syakhshiyah, and other criminal liability17.
Good Governance Concept by Umar Bin Abdul Aziz
The concept and application of Good Governance by Umar bin Abdul Aziz can be seen in the state administration system, which carries out all affairs of state life and government bureaucracy based on both the rules of Islamic law and its fair, honest, noble character
8 Zainal Abidin Ahmad, Negara Utama (Al-Madinah Al-Fadilah): Teori Kenegaraan Dari Sarjana Islam Al-Farabi (Kinta 1968), p. 97; Nanang Tahqiq (ed), Politik Islam (Kencana Media 2004), p. 12-13.
9 Atang Abdul Hakim, Filsafat Umum Dari Metodologi Sampai Teofilosofi (Pustaka Setia 2008), p. 447- 449; Abdullah Mukti, Pendidikan Islam, Demokrasi Dan Masyarakat Madani (Pustaka Pelajar 2000), p. 115; Nurcholish Madjid, ‘Menuju Masyarakat Madani’ Ulumul Qur’an 3, No. 2 year VII, p. 3-4. See Amien Rais, Indonesia Civil Siciety (YAPPIKS 2006), p. 18.
10 Strauss (n 7), p. 188.
11 Al-Farabi, Al-Siyasah Al-Madaniyah (Dar Al-Mashriq 1993), p. 86.
12 Nasroen, Asal Mula Negara (Aksara Baru 1986).
13 Miriam Budiardjo, Dasar-Dasar Ilmu Politik (PT Gramedia Pustaka Utama 2005), p. 38-39.
14 Abd Al-Rahman Ibn Khaldun, Muqadimah Ibn Khaldun (Dar al Fikr), p. 139.
15 Hasbi Asy Shiddieqy, Ilmu Kenegaraan Dalam Fiqh Islam (Bulan Bintang 1991), p. 42.
16 A Fahmal Maskabar, Muin, Hukum Administrasi Negara (Ketetapan Freies Ermessen, Asas-Asas Umum Pemerintahan Yang Baik Dan Peradilan Administrasi Negara) (Zainal Bintang 1984), p. 73.
17 Hasbi Asy Shiddieqy, Ilmu Kenegaraan Dalam Fiqh Islam (Bulan Bintang 1991), p. 42.
that guarantees a sense of security for its citizens18. Good governance applied by Umar bin Abdul Aziz belongs to the principle of constitutional law (fiqh siyasah dusturiyah) because managing the government is based on legal norms from the Qur’an and as-Sunnah19. Good governance is a view of politics and state administration20. The term “good governance”
describes a democratic society21. Good governance is closely related to democratization22, decentralization23, and globalization24. In general, good governance means anything related to the actions that are directing, controlling, or influencing public affairs to create good values in everyday life. The term good governance contains political elements in it: first, good governance refers to issues of management, leadership, regulation, implementation of will, and power in structuring the affairs of the community (ummah). In this context, leadership in every business goes through three stages: (1) The stage of determining the principles that must be applied and should not be violated; (2) The planning stage based on the principles that have been established; and (3) The implementation stage of the plans. In this stage, all the outlines of the government movement will be described based on the adopted ideology, explained by its representatives and exponents, and these movements determine the mental relations and tendencies of the people. In the meantime, the second and third stages build the theory and practice of leadership. Second, good governance is an activity to manage the social community into three categories, namely:
(1) Communication, or the ability to create good relations between the rulers and the people; (2) Culture, or improving the implementation of government development and its programs; and (3) Economics, or developing social welfare to avoid a social gap25.
The United National Development Program (UNDP) defines governance as the act of power holders to manage national affairs. With this meaning, as the word “good” was added, good governance shows how the state and related institutions are managed (governed) with proper and transparent procedures and a relevant policy-making process that prioritizes quality. The demand for good governance has changed the mindset of state or government managers as a “policy metaphor”26.
Good Governance Principles Participation
In the Islamic concept of good governance, participation is necessary to solve people’s problems and prevent abuse of power. This participation is the right of every Muslim. By definition, ummah is a community of believers who are faithful to their promises to Allah and diligently carry out their obligations27. In the theory of good governance, participation is the people’s duty to participate in overseeing the running of the government, regardless of whether the form of government is a monarchy or a democracy. Either way, the government should be able to receive input from the people.
18 Syarifuddin Jurdi, Pemikiran Politik Islam Indonesia, Peratuatan Negara, Khalifah, Masyarakat Madani Dan Demokrasi (Pustaka Pelajar 2000), p. 117.
19 Nasrun Haroen, Fiqh Muamalah (Gaya Media Pratama 2007); Nasron haroen, Ushul Fiqh (Logos 1997); Abd al-Wahhāb al-Khallāf, ‘Ilm Al-Uṣūl Al-Fiqh (Maktabah al-Da’wah al-Islamiyyah 1947).
20 Sudarmayanti, Good Governance (Kepemimpinan Yang Baik) Dalam Rangka Otonomi Daerah (Mandar Maju 2003), p. 160.
21 Eddi Wibowo, Memahami Good Governance Dan Good Corporate Governance (YPAPI 2004), p. 4.
22 Inu Kencana Syafi’ie, Pengantar Ilmu Politik (Pustaka Reka Cipta 2009), p. 114.
23 Inu Kencana Syafi’ei, Menajemen Pemerintah (Pustaka Reka Cipta 2011), p. 95.
24 Budi Winarno, Globalisasi Dan Krisis Demokrasi (Media Persindo 2012), p. 23; Qadri al-Azizi, Melawan Globalisasi Reinterpretasi Ajaran Islam (Mandar Maju 2013), p. 65.
25 Ali Asgar Nusrati, Sistem Politik Islam, Sebuah Pengantar (Nurul Al-Huda 2015), p. 28.
26 UNDP, Analisis Isu-Isu Kebijakan Publik (Studi Tentang Good Governance) (Wahana Berkah Surya Bakti 1999), p. 14.
27 Mumtaz Ahmad (ed), Masalah-Masalah Teori Politik Islam (Mizan 1986), p. 50.
Law enforcement
Law enforcement is how the power obtained by the government can be implemented based on the existing law or constitution. This is distinct from power being implemented based on the rule by law, in which the leader establishes himself as the law itself.28 Related to the plan of bringing good governance theory into reality, it must be met with a government’s law enforcement commitment that contains the following elements: (a) The supremacy of law; (b) Legal certainty; (c) Responsive law; (d) Consistent and non-discriminatory law enforcement; and (e) Judicial independence, namely an independent judiciary free from the influence of the authorities.29
Transparency
What is meant by transparency is participation. “Participation” means participating in development activities carried out by the government voluntarily because the people feel interested in doing so. This can only occur if there is transparency, especially in conveying information and providing services30. Thus, what is meant by transparency in good governance is the administration of government that is easily accessible or known by the public, which aims to create sovereignty of society so that it can be evaluated and corrected to avoid deviations and abuses31.
Equality
Equality in this instance means there is equality in treatment and public services. This equality principle requires every government implementer to behave reasonably in the administration of public services, regardless of differences in belief, ethnicity, gender, and social class.
Responsiveness
Responsiveness is the government’s ability to respond or accommodate various community needs.32 Therefore, every institution and its processes must be directed at efforts to serve various parties in need (stakeholders). In this case, the government must understand the needs of its people. Not waiting passively for them to express their wishes, the government must proactively study and analyse the needs of the community.
Effectiveness
Effectiveness in this context refers to a government that is both successful and efficient.
Effectiveness criteria are usually measured by a product’s ability to benefit people from various groups and social backgrounds with an aim to expand that reach as much as possible. The efficiency principle is also generally measured by the rationality of development costs to meet the needs of all communities. The smaller the costs required for the best interests, the more effective and efficient the government will be.33
Professionalism
Experts have popularized the term professionalism34. This term indicates that a person has the necessary qualifications and competence to do particular work as his primary job, not
28 Efriza, Kekuasaan Politik, Perkembangan Konsep, Analisis Dan Kritik (Intran Publishing 2016), p. 54.
29 Ubaidillah, Demokrasi, Hak Asasi Manusia, Masyarakat Madani (ICCE- UIN Syarif Hidayatullah 2010).
p. 162.
30 Muin Fahmal, Peran Asas-Asas Umum Pemerintahan Yang Layak Dalam Mewujudkan Pemerintahan Yang Bersih (Total Media 2013), p. 188.
31 Efriza (n 28); Sudarmayanti (n 20).
32 Efriza (n 28), p. 54.
33 Ubaidillah (n 29).
34 AS Hornby, Oxford Advanced Leaner’s Dictionary of Current English, (Oxford University Press 1989), p.
897.
just as a hobby35. There are three elements of professionalism: first, wages, meaning that a professional earns income from his profession as a foundation for life. Second, special knowledge and skills, meaning that someone will be acknowledged as a professional if he has specific knowledge and skills. Third, professional ethics, meaning professional values must be maintained so that people continue to believe in the integrity of the profession36. Especially in carrying out good governance, professionalism is a must which includes the following principles: (a) The integrity of a qualified personality; (b) The integrity of social personality; (c) Moral integrity; and (d) Religious integrity37.
Accountability
Decision-makers of public, private, and civil society organizations have accountability to the general public and stakeholders. Accountability is also an obligation for government officials in charge of all determined actions and policies. There are three types of accountabilities that good governance requires: first, financial accountability; second, administrative accountability; third, public policy accountability. Public accountability is a principle that ensures that every activity in the government’s administration can be accounted for openly by actors to parties affected by the implementation of said policies.38 Supervision
Efforts to increase supervision in the administration and development of government are driven by the continual involvement of the private sector and the wider community. On that basis, good governance must implement a solid, responsible, efficient, and effective government administration by maintaining a synergistic constructive interaction between state domains, the private sector, and society39. Therefore, good governance includes an administrative system, so the effort to form good governance must also be an effort to improve the public administration system that applies to the whole country. Administrative decisions as a form of government function must contribute to the realization of good governance, namely: clean government, open government, controlled government, and responsible government. Such a government is only possible in an open and democratic management system40.
The Implementation of Good Governance By Umar Bin Abdul Aziz
In general, the purpose of fiqh siyasa is to organize a government according to the Qur’an and Sunnah. A government formed under these regulations must aim: first, to avoid exploitation between humans and between groups or classes in society; second, to maintain and protect the economic, political, educational, and religious freedom of every citizen from foreign invasion; third, to uphold a balanced social justice system following the teachings of the Qur’an; fourth, to eradicate every crime and encourage every policy, which the Qur’an has also underlined; fifth, make the country as a comfortable and nurturing place to live for every citizen by enforcing the law without discrimination41. Good governance in Islamic State Constitutional Law can be seen through its implementation, which includes the following principles:
35 Franz Magnis Suseno, Berfilsafat Dari Konteks (Gramedia Pustaka Utama 1999), p. 146.
36 Amir Muallim dan M. Zainal Abidin, ‘Profesionalisme Praktis BMT Di Kota Yogyakarta Kabupaten Sleman’ (2005) 4 Millah 72.
37 Fauzi Saleh, Profesionalisme Dalam Hukum Islam Kontemporer (Ar-Raniry Press 2009), p. 42-44.
38 Agus Pramusinto, Governance Reform Di Indonesia: Mencari Arah Kelembagaan Politik Yang Demokratis Dan Birokrasi Yang Profesional (Gava Media 2009), p. 380.
39 Muin Fahmal (n 30), p. 253.
40 ibid, p. 250.
41 Abul ‘Ala al-Maududi, Khilafah Dan Kerajaan (Mizan 1996), p. 31.
The first principle, Allah as the Mighty Caliph
Allah created man as a leader (caliph) to regulate and control nature (Al-Baqarah/2:30, An- Nur/24:55, An-Naml/27:62). Regarding this principle, Abu ‘Ala Al-Maududi refers to An- Nisa/4:59. He concludes that the basic constitution is rooted in God’s law because based on this verse, he explains: first, obedience to Allah and His Messenger takes precedence over all obedience to others; second, obedience to Ulil Al-Amri comes after obedience to Allah and His Messenger; third, Ulil Al-Amri must consist of believers; fourth, the people must have the right to sue the authorities and the government; fifth, the deciding power in every dispute is the law of Allah and His Messenger; sixth, it is necessary to have a body that is independent and free from the pressure of the people and the influence of the rulers, to be able to give objective decisions under the highest law, namely the law of Allah and His Messenger in every dispute42.
The second principle, trustworthiness
Trust means trustworthiness. The trustworthy person is called Al-Amin. This principle is needed in good governance enforcement, considering that the leader is a role model for the community. If a leader is trustworthy, the community will be motivated to behave the same way. This principle of trust is commanded by Allah to humans, in a number of His words: “O you who have believed, fulfil (all) contracts...” (Al-Maidah/5:1). “And they who are to their trusts and their promises attentive” (Al-Mu’minun/23:8). In Surah Al- Isra ‘/17:34, “...and fulfil (every) commitment. Indeed, the commitment is ever (that about which one will be) questioned”. Therefore, if you make a promise, it must be carried out as part of the mandate. Indeed, a promise is not only accountable to fellow humans but also accountable to God. Allah says, “And fulfil the covenant of Allah when you have taken it...”
(An-Nahl/16:91).
The third principle, deliberation
The principle of deliberation is a command from Allah43. In the Qur’an, there are two verses relating to deliberation44 as a fundamental principle for upholding good governance: (a) Ash-Syuura/42:38 reads, “And those who have responded to their Lord and established prayer and whose affair is (determined by) consultation among themselves, and from what We have provided them, they spend”; (b) Ali Imran/3: 159, “So by mercy from Allah, (O Muḥammad), you were lenient with them. Furthermore, if you had been rude [in speech]
and harsh in heart, they would have disbanded from about you. So, pardon them and ask forgiveness for them and consult them in the matter. Moreover, when you have decided, then rely upon Allah. Indeed, Allah loves those who rely upon him”. When it comes to good governance, the principles of justice as set out in the Qur’an require that state power function within the confines of the following obligations: 45
a. The obligation to apply state power fairly, honestly, and wisely. All people must obtain the “blessings” of justice that arise from state power without exception. For example, in implementing state authority in politics and government, all people must experience rights without discrimination.
b. The obligation to apply judicial-based powers fairly. The law must be adequately enforced and apply to everyone.
c. The obligation of state administrators to shape a goal of a just and prosperous society
42 ibid.
43 Rapung Samuddin, Fiqih Demokrasi, Menguak Kekeliruan Pandangan Haramnya Umat Terlibat Pemilu Dan Politik (Gozian Press 2013), p. 2.
44 Louis Ma’luf al-Yasu’i, Al-Munjid (al-Mutba’ah al-Katuulikiya); Muhammad al-Buraey, Islam Landasan Alternatif Administrasi Pembangunan (Rajawali Pers 1986), p.89.
45 Muhammad Tahir Azhari, Negara Hukum (Study Tentang Prinsip-Prinsipnya Di Lihat Dari Segi Hukum Islam, Implementasinya Pada Periode Negara Madinah Dari Masa Kini) (Pranada Media 2003), p. 122.
with the pleasure of Allah.
The fourth principle, equality
The principle of equality in the perspective of fiqh siyasah and good governance aims to ensure that every person or group discovers their dignity and develops their potential fairly and adequately. The principle of equality will also lead to the nature of mutual assistance and social care among humans and a sense of solidarity in a broad social scope.
The principle of equality in Islam includes rights in every democratic law, considered as the core pillar. It contains fundamental rights and freedoms for individuals since equality of rights always goes hand-in-hand with the principle of freedom, never apart, so that equality of rights and freedom becomes a meaning directly related to democracy, in every place and every human being.
The fifth principle, brotherhood
The principle of brotherhood and peace is the command of Allah (Al-Hujurat/49:10): “The believers are but brothers, so make settlement between your brothers. And fear Allah that you may receive mercy”. This verse emphasizes that every Muslim is a brother, and therefore, fellow Muslims are obliged to reconcile disputes with their brothers so that they may receive His mercy. Meanwhile, in Surah Ali Imran, Allah commands Muslims to hold fast to the Religions. Allah says, “And hold firmly to the ropeof Allah all together and do not become divided...” (Ali Imran/3:103).
The sixth principle, recognition and protection of human rights
The principle of recognition and protection of human rights gives freedom to choose the place of residence. In the teachings of Islam, humans are strongly encouraged to live spread across the earth to prosper in all parts of it. In essence, the earth and the entire universe belong to Allah. Therefore, humans are not authorized to prohibit or hinder a person’s freedom in determining and choosing a place to live and determine his nationality.
In fiqh, national boundaries are not an obstacle for someone to determine where to live.
The state or ruler should not prevent a person from traveling anywhere as long as it is done by legal provisions, which do not conflict with the Qur’an and Sunnah.46 The essence of the principles of recognition and protection of human rights, among others, are: first, the glory, which includes personal, community, and political glory; second, recognizing individual rights, such as equality, dignity, and freedom; third, freedom, namely freedom in religion, thinking, expressing opinions, differing opinions, owning property, conducting a business, having a job and having a place to live.
The seventh principle, obey the leader
The leader who must be obeyed is the one who leads by referring to Qur’an and Sunnah.
If he deviates from the Qur’an and Sunnah, he must be reprimanded, sanctioned, and the truth must be upheld. If the conviction of a leader cannot be ascertained, then he may be dismissed and replaced with another person. As written in the fukaha also: “The people may dismiss a leader or fire him for the reason that requires it, for example, [if] he is proven to have done something that caused chaos to the Muslims and vilified religion, just as they also have the right to appoint a leader and enthrone him because he reformed the Muslim community. Muslims [must] uphold religious matters”47.
The eighth principle, appoint officials or executives of affairs
The first principle requires appointing an official who is ashlah (the most appropriate and suitable). The appointment of officials to take care of the affairs of Muslims is an absolute
46 ibid, p. 144.
47 Farid Abdul Khaliq, Fikih Politik Islam (Amzah 2005), p. 37.
must. Therefore, it is necessary to strictly select and elect appropriate people to hold the positions, such as top regional officials at the governor’s level, heads of courts (judges), and heads of the security council, from the highest commander to the lowest. Likewise in the financial sector, this principle applies to roles such as the head of the Bayt Al-Mal, the financial supervisory agency, the minister of finance, and those involved in fundraising, tax collection, zakat, and the management of other assets owned by Muslims. Allah’s Word: “...
indeed, the best one you can hire is the strong and the trustworthy” (Al-Qashash/28:26).
Second, choose the best. According to Ibn Taimiyah, this case is hard to implement because the criteria for a good leader are rarely found since there is no perfect human being.
Therefore, he recommends that the selection be repeated several times until the chosen one is of high quality (good) only. If this is optimally done to fulfil the rights of wilayat (position), then the leader has carried out his mandate and obligations. In this position, the leader is considered fair in the sight of Allah even though there are shortcomings.
Regarding this, Ibn Taymiyya refers to the Surah At-Taghaabun/64:16 and l-Baqarah/2:286.
In carrying out the principle of determining the best leader, authority and trust (honesty and trustworthiness) must be put forward. In this case, Ibn Taymiyya is guided by the letters Al-Qashash/28:26, Yusuf/12:54, and At-Taqwiir/81:19-12.
Ninth principle, amar makruf and nahi munkar
Amar makruf and nahi munkar or Hisbah consist of four pillars: first, the perpetrators (Al- Muhtasib); second, that which was addressed to him about amar makruf and nahi munkar (Al-Muhtasaf ‘alaihi); third, the act that becomes the object of (Al-Muhtasab fihi); fourth, the nature of commanding amar makruf and nahi munkar itself (Al-Ihtisab)48. In the implementation of good governance, the government has to fulfil the security needs of the community. This concept follows God’s Word: “You are the best community ever raised for humanity—you encourage good, forbid evil, and believe in Allah...” (Ali Imran/3:110).
“They believe in Allah and the Last Day, encourage good and forbid evil, and race with one another in doing good. They are (truly) among the righteous” (Ali Imran/3:114).
These principles are compared with the principles of good governance developed by UNDP and become a reference for analysing Umar bin Abdul Aziz’s concept of good governance in managing the country. During his leadership, the Umayyad dynasty reached its peak of glory. The principles applied by Umar bin Abdul Aziz were: (1) monotheism; (2) trust;
(3) discussion; (4) justice and law enforcement; (5) equality; (6) brotherhood; (7) human rights; (8) effectiveness and efficiency; and (9) social supervision.
As it is related to Islamic principles, it is also closely related and compatible with Umar bin Abdul Aziz’s principles of good governance. The principle of monotheism is in line with the principle of God as the supreme ruler because the government’s task is to maintain religion and guide the people to obey God and obey the government. After all, the government carries out religious orders by leading the people. If these initial principles are implemented properly, other principles will follow and support each other. For example, monotheism therefore supports the principles of trust, justice, deliberation, brotherhood, human rights, obedience, effectiveness, efficiency, amar makruf and nahi munkar so that good governance is achieved properly.
However, if good governance is only defined by that which was developed by the UNDP, then it will never comply with Umar bin Abdul Aziz’s definition good governance or with Islamic values. This is because UNDP’s principles of good governance are secular, so there is no accountability to God, but only to humans. Even then, accountability is only
48 Al-Imam Abu Hamid Al-Ghazli, Al-Amru Bil Ma’ruf Wan-Nahya ‘Anil Munkar (Mizan 2014), p. 35.
required towards the financiers (debt), so the country will never rise and the people will never prosper because the government’s job is only to pay debts with very high interest.
Therefore, a government that aspires to further the prosperity of the country and the people must apply Umar Bin Abdul Aziz’s good governance model instead.
To apply the principles of good governance, Umar bin Abdul Aziz has several main requirements: (1) establish criteria for state apparatus and government officials who are obedient to God; (2) maintain the principle of a clean and authoritative government;
and (3) create a solid government structure consisting of the executive, legislature, and judiciary. Umar bin Abdul Aziz carried out these concepts and their application during his tenure in the government as the Mayor of Aleppo (Khanashirah) in Sham. In Rabi’ul Awwal 87 H, Umar bin Abdul Aziz served as Governor of Medina, replacing Hisham bin Ismail Al-Makhzumi. When he was only 25 years old in 91 H, Tha’if was merged into his body government with Walid bin Abdul Malik as caliph49. For six years, Umar bin Abdul Aziz was governor of Medina. Then, Umar bin Abdul Aziz was crowned as the eighth caliph of the Umayyad dynasty.
The explanation above shows that before Umar bin Abdul Aziz served as caliph, the society’s quality of life was quite good. On the other hand, the morals of both the rulers and the people were not as good as the current life situation. Umar bin Abdul Aziz appeared to fix the moral decline. He was a good caliph figure and maintains goodness by trying to restore good human morals as the era of the Prophet and the Khulafa Al-Rashidun dictate, defined as an era that is under the morals of the Qur’an. Nevertheless, unfortunately, he did not live long. As a result, the situation worsened, and the people afterward returned to their moral decline50.
Conclusion
Umar bin Abdul Aziz’s concept of good governance combines fiqh and Sufism since its application refers to the Qur’an and Sunnah. Although his thoughts belong to the integrative fiqh siyasa dusturiyah or a combination of fiqh and Sufism, the Greek philosophical thoughts did not affect him. This concept can be said to be superior because his principles of good governance are based on two sources of Islamic law, namely the Qur’an and Hadith, and use the istislahi method in their assessment. In addition, Umar bin Abdul Aziz himself is a fuqaha and sufi with high integrity, which is reflected in his attitude and character, such as his fear of Allah, zuhud, tawaduk, wara’, patience, firmness, fairness, and surrender to Allah. With these attitudes and behaviours, Umar bin Abdul Aziz became a consistent and committed person to all Islamic teachings. These things are the basis for him to run the government with full responsibility and attention to the people’s matters. Umar bin Abdul Aziz’s concept of good governance is a political movement to save people, religion, and the state from moral destruction due to government practices carried out by the Umayyad government, especially in the application of Shura, corruption, collusion, and nepotism in the management of Bayt Al-Mal, which is autocratic and totalitarian. From the research results, this application is a practice carried out by adhering to an anthropological pattern.
This model has been redeveloped in modern times by international institutions such as the UNDP, the World Bank, and others. Especially for the Indonesian people, Umar bin Abdul Aziz’s model of good governance can be applied because it follows Pancasila and the 1945 Constitution (UUD 1945). More specifically for the Indonesian government, this model can also strengthen Islamic law under the 1945 Constitution.
49 Abdul Aziz Sayyidul Ahal, Umar Bin Abdul Aziz Negarawan Yang Saleh (Pustaka Firdaus 2000), p. 30.
50 Firdaus A.N, Kepemimpinan Khalifah Umar Bin Abdil Aziz (Pedoman Ilmu Jaya 1985), p. 133.
Bibliography
Abd Al-Rahman Ibn Khaldun, Muqadimah Ibn Khaldun (Dar al Fikr)
Abd al-Wahhāb al-Khallāf, ‘Ilm Al-Uṣūl Al-Fiqh (Maktabah al-Da’wah al-Islamiyyah 1947) Abdul Aziz Sayyidul Ahal, Umar Bin Abdul Aziz Negarawan Yang Saleh (Pustaka Firdaus
2000)
Abdul Wahab Khallaf, Al- Siyasah Al-Syar’iyat (Dar al-Ansar 1977)
Abdullah Mukti, Pendidikan Islam, Demokrasi Dan Masyarakat Madani (Pustaka Pelajar 2000)
Abul ‘Ala al-Maududi, Khilafah Dan Kerajaan (Mizan 1996)
Agus Pramusinto, Governance Reform Di Indonesia: Mencari Arah Kelembagaan Politik Yang Demokratis Dan Birokrasi Yang Profesional (Gava Media 2009)
Al-Farabi, Al-Siyasah Al-Madaniyah (Dar Al-Mashriq 1993)
Al-Imam Abu Hamid Al-Ghazli, Al-Amru Bil Ma’ruf Wan-Nahya ‘Anil Munkar (Mizan 2014) Ali Asgar Nusrati, Sistem Politik Islam, Sebuah Pengantar (Nurul Al-Huda 2015)
Amien Rais, Indonesia Civil Siciety (YAPPIKS 2006)
Amir Muallim dan M. Zainal Abidin, ‘Profesionalisme Praktis BMT Di Kota Yogyakarta Kabupaten Sleman’ (2005) 4 Millah 72
AS Hornby, Oxford Advanced Leaner’s Dictionary of Current English, (Oxford University Press 1989)
Atang Abdul Hakim, Filsafat Umum Dari Metodologi Sampai Teofilosofi (Pustaka Setia 2008)
Budi Winarno, Globalisasi Dan Krisis Demokrasi (Media Persindo 2012) De Boer, The History of Philosophy in Islam (Luzas and Company 1970) Deliar Neor, Pemikiran Politik Di Barat (Rajawali Press 1982)
Eddi Wibowo, Memahami Good Governance Dan Good Corporate Governance (YPAPI 2004) Efriza, Kekuasaan Politik, Perkembangan Konsep, Analisis Dan Kritik (Intran Publishing
2016)
Farid Abdul Khaliq, Fikih Politik Islam (Amzah 2005)
Firdaus A.N, Kepemimpinan Khalifah Umar Bin Abdil Aziz (Pedoman Ilmu Jaya 1985) Franz Magnis Suseno, Berfilsafat Dari Konteks (Gramedia Pustaka Utama 1999) Hasbi Asy Shiddieqy, Ilmu Kenegaraan Dalam Fiqh Islam (Bulan Bintang 1991)
——, Pengantar Hukum Islam (Pustaka Rizki Putra 2001)
——, Islam Dan Politik Bernegara (Pustaka Rizki Putra 2002)
Ibnu Khaldun, Muqaddimah Ibnu Khaldun (Pustaka Al-Kausar 2001) Inu Kencana Syafi’ei, Menajemen Pemerintah (Pustaka Reka Cipta 2011) Inu Kencana Syafi’ie, Pengantar Ilmu Politik (Pustaka Reka Cipta 2009) Louis Ma’luf al-Yasu’i, Al-Munjid (al-Mutba’ah al-Katuulikiya)
Maskabar, Muin AF, Hukum Administrasi Negara (Ketetapan Freies Ermessen, Asas-Asas Umum Pemerintahan Yang Baik Dan Peradilan Administrasi Negara) (Zainal Bintang 1984)
Miriam Budiardjo, Dasar-Dasar Ilmu Politik (PT Gramedia Pustaka Utama 2005)
Muhammad al-Buraey, Islam Landasan Alternatif Administrasi Pembangunan (Rajawali Pers 1986)
Muhammad Tahir Azhari, Negara Hukum (Study Tentang Prinsip-Prinsipnya Di Lihat Dari Segi Hukum Islam, Implementasinya Pada Periode Negara Madinah Dari Masa Kini) (Pranada Media 2003)
Muin Fahmal, Peran Asas-Asas Umum Pemerintahan Yang Layak Dalam Mewujudkan Pemerintahan Yang Bersih (Total Media 2013)
Mumtaz Ahmad (ed), Masalah-Masalah Teori Politik Islam (Mizan 1986)
Munawir Sadzali, Islam Dan Tata Negara: Ajaran, Sejarah Dan Pemikiran (UI Press 1993) Nasroen, Asal Mula Negara (Aksara Baru 1986)
Nasron haroen, Ushul Fiqh (Logos 1997)
Nasrun Haroen, Fiqh Muamalah (Gaya Media Pratama 2007) Nurcholish Madjid, ‘Menuju Masyarakat Madani’ Ulumul Qur’an 3
Qadri al-Azizi, Melawan Globalisasi Reinterpretasi Ajaran Islam (Mandar Maju 2013) Rapung Samuddin, Fiqih Demokrasi, Menguak Kekeliruan Pandangan Haramnya Umat
Terlibat Pemilu Dan Politik (Gozian Press 2013)
Saleh F, Profesionalisme Dalam Hukum Islam Kontemporer (Ar-Raniry Press 2009) Strauss, History of Political Pilosophy (The University of Chicago Press 1973)
Sudarmayanti, Good Governance (Kepemimpinan Yang Baik) Dalam Rangka Otonomi Daerah (Mandar Maju 2003)
Syarifuddin Jurdi, Pemikiran Politik Islam Indonesia, Peratuatan Negara, Khalifah, Masyarakat Madani Dan Demokrasi (Pustaka Pelajar 2000)
Tahqiq N (ed), Politik Islam (Kencana Media 2004)
Tim Paramadina, Kajian Filsafat Islam (Paramadina 1992)
Ubaidillah, Demokrasi, Hak Asasi Manusia, Masyarakat Madani (ICCE- UIN Syarif Hidayatullah 2010)
UNDP, Analisis Isu-Isu Kebijakan Publik (Studi Tentang Good Governance) (Wahana Berkah Surya Bakti 1999)
Yusuf Qardhawi, Min Fiqih Daulah Fi Islami (Rabbani Press 1997)
Zainal Abidin Ahmad, Negara Utama (Al-Madinah Al-Fadilah): Teori Kenegaraan Dari Sarjana Islam Al-Farabi (Kinta 1968)
