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Integrating the Principle of Monotheism Into Constitutional Law

Arlis Arlis 1, Ahmad Bakhtiar Jelani 2, Arif Taufiq 3

1 Universitas Islam Negeri Imam Bonjol Padang, Indonesia

2 University of Technology MARA Cawangan Perak, Malaysia

3 Human Initiative Australia, Australia

Corresponding Author: Arlis Arlis, E-mail; arlisshi@uinib.ac.id

Article Information:

Received December 21, 2022 Revised January 20, 2023 Accepted January 30, 2023

ABSTRACT

The purpose of this study is to understand about integrating the principle of monotheism into Constitutional Law. The method used is a normative and empirical legal research method with an approach to the integration of science. The research findings show that integrating the principle of tawhid into Constitutional Law is Allah's command.

Rasulullah SAW set an example through the leadership and Constitution of Medina. The cleric as the heir of the prophet became a reference in formulating, establishing, and applying Constitutional Law. Integrating the principle of tawhid into Indonesian Constitutional Law is known through several provisions that state: by the grace of Allah Almighty, by Allah, and the state based on the One True Godhead. Students understand that integrating the principle of tawhid into Constitutional Law is integrating the faith which is one of the teachings of Islam. With faith, the administration of the state becomes smooth. On the contrary, without faith will lead to the destruction of the country. The tawhid is the foundation in the formation of constitutional law. The conclusion of the study is that integrating the principle of tawhid into constitutional law is a command of God that must be carried out consistently and sincerely.

Keywords: integrate, tawhid principle, constitutional law

Journal Homepage https://ojs.iainbatusangkar.ac.id/ojs/index.php/elhekam/index This is an open access article under the CC BY SA license

https://creativecommons.org/licenses/by-sa/4.0/

How to cite: Arlis, A., Jelani, A. B., & Taufiq, A. (2023). Integrating the Principle of Monotheism Into Constitutional Law. El-Hekam : Jurnal Studi Keislaman, 8(1), 35-45.

http://dx.doi.org/10.31958/jeh.v8i1.8227

Published by: Universitas Islam Negeri Mahmud Yunus Batusangkar Press

INTRODUCTION

The background of the research is the existence of faith and law which have a very close and inseparable relationship. Faith and law merge into one unit that moves with each other and is subject to God's laws (Norhadi, 2019). Faith lies in knowledge that believes that the universe has regular and rational laws, as well as cultures that

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operate on the basis of belief in entities that have tremendous power behind their application, namely beliefs (Akhsan et al., 2021).

The ideal condition of faith and law is faced with a state that states that there is an eternal tension between divine and human law (Tabar, 2021). In fact, in a muslim- majority country, the existence of Islamic law has no proportionate place (Hardjono, 2008). The application of Islamic law in Indonesia always invites polemics (Faisal, 2019).

The application of law in the context of integrating the principle of tawhid based on several studies is known that the law that regulates the order of life of the state and nation must be based on Pancasila and imbued by God Almighty (Siregar, 2017). Data was obtained from one of the studies that stated that the Ulema Council is very conservative when it comes to protecting the Islamic faith and theology. He rejected pluralism, religious freedom, and Muslim minorities such as the Ahmadiyya. The MUI's strict interpretation of Islam and support for Islamic ideology and conservatism prevented it from accepting democracy completely (Nasir, 2014).

Other research highlights the relationship between Islam, the state, and Pancasila in the perspective of the Indonesian Legal System (Zoelva, 2012). There is also research that discusses the inconsistency of the regulation of marriage registration of Muslims in Indonesia (Oktaviani et al., 2022). Even the study of the relationship between religion and the state always seems to be an interesting issue (Anggara & Utama, 2020;

Hutabarat, 2018; Lestari, 2020; Rahman, 2021; Sadzali, 2020). Although there are various studies, it has not provided adequate information about integrating the principle of monotheism (tawhid) into Constitutional Law.

This research becomes more important because in addition to normative studies, it also prioritizes empirical studies on integrating the principle of tawhid into Constitutional Law in terms of the understanding of andalas Padang University students class of 2020. Student understanding is very important in this regard because students are agents of change (Arlis, 2020; Jannah & Sulianti, 2021). Because of the importance of research, this research is aimed at gaining an understanding of integrating the principle of tawhid into Constitutional Law.

RESEARCH METHODOLOGY

The methods used are normative and empirical legal research methods (Nurhayati et al., 2021; Santoso, 2020; Sonata, 2014). Integration of sciences (Ismail, 2021) used as an approach ( Decree of the Director General of Islamic Education Number 2498 of 2019 concerning Guidelines for the Implementation of Science Integration in Islamic Religious Universities).

The data of this study consists of primary and secondary data collected with documentation techniques and google form questionnaires. The participants of this study were a number of Andalas Padang University students class of 2020 who were members of the WhatssApp group. Qualitative analysis is used to analyze the data.

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RESULT AND DISCUSSION

Tawhid Principles and Constitutional Law

Tawhid is the oneness of Allah in the things reserved for Allah (Hambal, 2020).

Tawhid is central to Islamic belief and is the basis of all its teachings. Faith aims to set the record straight and correct the beliefs of those who are far from God's way (Anwar, 2020).

In general, tawhid is divided into three types, namely Tauhid Rububiyah, Tauhid Uluhiyah, and Tauhid Asma' wa shifat. Purpose of the Creed la ilaaha illallah is believing and promising that no one has the right to be worshipped and receive worship unless God obeys and practices it. Ilaaha denies the right to worship anyone other than Allah, whoever that person is. Illallah is a decree about the right only God must be worshipped. The essence of the tauẖîd sentence is not only rote and memorized, but must meet the requirements of the tauẖîd sentence, meaning that if the conditions are not met, then there is no tauhid sentence for anyone (Hambal, 2020).

In addition to ritual piety, a Muslim must also have social piety. Muslims must be able to implement tawhid values in their daily activities, both in political, social, and economic activities (Maghfur, 2016). As long as this conviction is ingrained in a person's heart, it is during this time that he follows God's laws and is disciplined with His boundaries. He did not dare to ignore God's prohibitions, doing good according to God's commands. Therefore, this belief in the phrase tawhid is used as the first and most important pillar of a person to become a Muslim. A Muslim is a devout servant of Allah. He would not become such unless he believed in his heart that no God was worshipped but God. This is the basis of Islam and the source of its power. Other Islamic beliefs and laws are built on it (Al-Maududi, 1977, p. 87; Hambal, 2020).

The law is sourced to the Qur'an, sunnah, and ra'yu (Sulistiani, 2018). The constitution of the country today belongs to the category of sources of law ra'yu. The constitution in the juridical sense is a text that contains the basis of the state structure and the constitutional system of the state (Sari, 2018). Constitutional law (qanun dusturi) is majmu’ah al-qawa’id al-muta’alliqah bi nizham al-hukm fi al-dawlah (Al- Bahri, 2018, p. 33). Constitutional law is a set of rules relating to the system of government in a country.

Medina Constitution (Sholikhah, 2017) was one of the sources of state law in the time of the Messenger of Allah SAW. The constitutional classification based on the constitution of Saudi Arabia is the book of Allah (dustur ilahi), Sunnah of the Apostles (dustur nabi), and Dustur Al-Mamlakah Al-Arabiyyah Al-Su’udiyyah. In line with the state conditions of Saudi Arabia, countries that make Islam an official religion ideally also have similar constitutions. So it is with all countries whose administration desires divine pleasure.

The development of Islamic law in many countries, especially in Indonesia, has gone through various constitutional stages. In fact, this development is a long struggle in Indonesian litigation. Islamic law, like the laws derived from the Quran and Sunnah, is an authentic source that is different from other laws. Historically, the harmony of

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Islamic law with state law has had an impact on the dynamics of the historical journey of the Indonesian nation (Wijaya, 2018).

The Relationship of Tawhid Principles to Constitutional Law

In this section, the description focuses on the understanding of andalas university students of padang class of 2020 who are members of the WhatsApp group. The student's answer provides information that the religion that teaches the principle of tawhid is Islam.

Chart 1. A religion that teaches Faith in Allah Almighty

Source: Student answers, 2020

Based on the chart, it is known that 100% of students express faith in Allah SWT.

is the teaching of Islam. This student's opinion is coherent with divine rules (Lajnah, 2019). Also in line with the opinions of several authors who discuss tawhid (Anwar, 2020; Maghfur, 2016; Othman & Zin, 2014).

The dynamics of student answers are seen when giving opinions about who is ruled by God to be anchored. These dynamics are shown in the following table:

Table 1. Who is commanded by God to have faith Criterion Sum Percentage

Man 34 77,3

Muslims 7 15,9

Devout people 3 6,8

Non muslim 0 0

Sum 44 100

Source: Student Answers, 2020.

Based on the table above, it is known that there were 34 students (77.3%) who answered God's command to be anchored to humans. A total of 7 students (15.9%) answered Muslims. 3 students (6.8%) answered devout people. No student answered anyone other than Islam. The opinion of the student who answers all human beings in accordance with the provisions of the divine constitution (Lajnah, 2019) and the constitution of the Prophet (Al-Bukhari, 2002, p. 11). In line with the universality of Islamic teachings (Mahmud, 2017).

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With regard to the intensity of the integration of the principle of tawhid into constitutional law, students provide answers that can be known through the following chart:

Chart 2. The intensity of the integration of the principle of tawhid

Source: Student Answers, 2020.

Based on the chart above, it can be seen that 14 students (32%) gave answers about the intensity of integration of the principle of tawhid with great integration. 25 students (57%) answered "integrated". 1 student (2%) replied "not integrated. 4 students (9%) answered "not knowing". The emergence of various student answers on this subject is very understandable because it is closely related to constitutional law itself.

When the constitutional law in question is the divine constitutional law and the prophet's constitutional law, then the integration level is 100%. It is different when the basis of the answer is that the constitution of each country's country will give birth to a diverse intensity of integration. The level of integration intensity becomes volatile in the constitution of a man-made state.

The student's opinion on the relationship of faith to Constitutional Law is: first, faith is needed in Constitutional Law. Second, with faith, a person can fulfill constitutional law, because Indonesia requires all its people to have faith in God Almighty. Third, by having faith, the Constitutional Law created will be in accordance with Islam. Fourth, if the Constitutional Law is in accordance with the faith, then a country can be united or it can run well. Fifth, Constitutional Law in the absence of faith contains only human selfishness. Sixth, with faith, a country will run smoothly and believe everything comes from Allah and will give birth to Islamic law (Student answer, 2020). Seventh, Faith is very influential in Constitutional Law. When faith is not instilled in the laws of the country, there will be many who commit fraud and perversion. As well as those officials who take away those who are not his right. Eighth, faith can be the foundation in the process of making Constitutional Law. Ninth, People of faith have a determined and idealistic personality. This is good for the sustainability of the country. The state will be destroyed if its citizens do not have faith (Student answer, 2020).

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Tenth, the value of Islamic sharia as its basis and the law that carries it out.

Eleventh, the rules. For example, in a country people steal is sanctioned, as well as our religion that stealing is a despicable act. Twelfth, if a man has faith, he will do things right and good. Not committing an offense that can fade away. Faith will make a person to think good or bad something. Thirteenth, if Constitutional Law was formed with faith in mind, then it would be an excellent law for governing life. Fourteenth, with faith, makes the constitution more organized and has a clear purpose.

Fifteenth, faith with constitutional law is interrelated because the existence of law can be a guideline in Islamic Law. Sixteenth, the obligation to implement regulations that the relationship between religion and the state is integrated. The assumption is upheld above the understanding that Islam is a perfect religion that has complete teachings in all segments of life, including in the field of state practice. Therefore, Muslims are obliged to implement the Islamic political system as exemplified by the Prophet Muhammad SAW and the four al-Khulafa' al-Rasyidin. This view requires that the state carry out dual functions simultaneously, namely the function of political and religious institutions (Student answer, 2020). Faith becomes a guideline or value that guides society and government to get out of conflict.

The integration of faith into Constitutional Law can be used as a unifier between religion and the state where a person of faith can still live a life in accordance with the laws that have been established by the country. Constitutional Law will run smoothly based on faith. In carrying out constitutional law, it is necessary to be accompanied by strong faith, in order to walk according to God's provisions and in the way of God.

Constitutional Law can be exercised by faith by citizens.

Faith as a guide to life in carrying out the life of the country. Constitutional Law regulates the way citizens live, which is guided by Islamic teachings so as to make Constitutional Law better and more directed. With faith, constitutional law can work well, for example, if a leader has a firm faith, he will avoid the desire to do arbitrary things and corruption. The existence of Islamic law in the state system will make the citizens of the country have faith in Allah. It is contained in the 1945 Constitution article 29, in that article regulates all religions and faiths of each citizen. Faith is very influential in the state system because it can cause social shocks in society if it is not in accordance with the faith, such as laws that prohibit or restrict a religion from worshipping. If Constitutional Law is inconsistent with religious law then its faith is questioned (Student answer, 2020).

Student opinions are in line with divine provisions relating to akidah, sharia, and morals (Lajnah, 2019). In line with the information of the Messenger of Allah in his sunnah (Al-Bukhari, 2002). So are the opinions of relevant learners (Hasbiyalla, 2021;

Othman & Zin, 2014; Shukri & Norhaniza, 2013).

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The Function of Faith in the Life of a Citizen

The function of faith based on the opinions of students is: first, in order to convince themselves to continue to worship. Second, faith makes mankind aware of the belief that the doomsday exists and makes people aware of faith and the importance of faith in life. Third, trust in the final day that will add faith and devotion to Allah. Fourth, faith draws closer to the creator. Fifth, bring blessings in heaven and earth. Sixth, return man to the right path. Seventh, to save oneself in the world and in the hereafter.

Eighth, with the faith man will try to always behave well and stay away from sinful deeds. They are aware and convinced that everything that is done in the world, will get a reply someday in the hereafter and must be accounted for before Allah Almighty. Ninth, with faith prepare righteous charity for the next day. Tenth, faith is very influential because if one does not have faith there will be regret. Eleventh, making man a good character. Twelfth, the function of faith is to save human life in the world and the hereafter. Thirteenth, making a person perform the main purpose of human life.

Fourteenth, to lead to goodness, show truth and increase the quality and quantity of righteous charity.

Fifteenth, faith serves as a savior, cultivates a qana'ah attitude, remembers death, and calms hearts and souls. Sixteenth, abstaining from bad things (sin), always remember Allah Almighty. Seventeenth, faith becomes the foundation and foundation in helping, instilling courage, eliminating trust in objects, generating compassion among others, drawing closer to the creator, and getting help, and increasing fear of Allah Almighty. The eighteenth, people who have faith in God, believe in the existence of a pillar of faith. He believed in God. Angels, books, prophets and apostles, doomsday and qadha and qadhar. Unbelievers get severe torture.

The student's answer was found to be compatible with the divine provisions in the Qur'an. The Qur'an is hudan li al-nas, that is, a guide for the people. The Qur'an contains straight directions. Directions to the straight path are aimed at the happiness of human life in the world and in the Hereafter. The path to happiness can only be achieved through the acquisition of good. This acquisition of goodness in Islamic moral terminology (akhlaq) is called al-'amal al-salihat, but the category of good deeds in the Qur'an includes all good deeds done on the basis of faith (Kuliyatun, 2020; Tafsere, 2016).

Strategies for Overcoming a Crisis of Faith

The crisis of faith is the most devastating and continuing crisis throughout the history of human existence in the world. The solution is: first, draw closer and be devoted to God. Second, do a lot of religious activities and add religious knowledge, as well as broadcast Islamic teachings. Third, increase the belief that God is Strong and only God can help and strengthen love for God. Fourth, to convert yourself, draw closer to God, and abstain from negativity. Fifth, increase worship to Allah Almighty. Sixth, the crisis of faith is caused by internal factors (laziness, low awareness) and external factors (bad environment). The solution to the crisis of faith caused by external factors,

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should be to be more selective in choosing which environment to grow, should abandon the bad environment and join the environment that leads to good. If this crisis of faith is caused by internal factors, then you must introspect yourself and draw closer to God (Student answer, 2020).

Seventh, cling to akhlakul karimah. The important role of the clergy is key in efforts to overcome the crisis of the creed (Arnawati, 2017). Eighth, it must start from the personal self. Everyone must return to the spirit of faith in God. Ninth, by self- introspection, doing muhasabah, behaving and thinking critically about the right thing.

Tenth, instilling faith and faith by following recitations in mosques, by studying and exploring religious knowledge, associating with believers, always remember that the life of the world is only temporary. Eleventh, carrying out god's command keep His prohibitions away. Such as performing prayers, fasting, listening to lectures. Do not follow and approach negative things such as corruption.

Twelfth, the right solution is to surrender yourself completely to Allah Almighty.

Ask for protection and increase faith with all your heart and invite others. Thirteenth, listening, reading, pondering verses of the Qur'an as well as hadiths that affirm the greatness of Allah. Contemplating the miracle of the creation of the universe, the beliefs that have been obtained must be well applied. Fourteenth, repent immediately (Student answer, 2020).

In line with Amaliah's opinion which mentions reading, understanding, listening to the Quran and hadith, carrying out the commands of aallah and staying away from its prohibitions, improving prayers, improving morals and character (Amaliah, 2021).

Taqarrub to Allah, multiply the pilgrimage and pray to God. Increase faith and piety.

Doing self-muhasabah (Syafri et al., 2020). Strengthening faith, knowing the negativity that makes faith lessened, staying away from things that are not good, reminding each other, begging for help. Instilling the first basic principle of the state, namely the one true Godhead and training oneself to base every activity with religious norms and the basis of the state (Yusuf et al., 2021).

Must control the lust for things that are not good. Multiplying practices such as complete obligatory prayers, recitation, listening to Islamic lectures, fasting and believing in the existence of God through the universe. istiqamah on the path of truth.

Always improve yourself and be self-righteous. Draw closer to God by worshipping God and obeying His commandments and prohibitions.

Various strategies to overcome the crisis of faith can be seen in conjunction with the divine constitution (Qur'an). The Qur'an is a revelation from Allah that explains everything (tibyānan likulli syai'in). Among all such things is about the model of the state. In this context is to integrate the concept of tawhid into Constitutional Law (Lufaefi, 2020). The cleric said that the condition of faith can increase and decrease (Ardae & Wan, 2015). Faith increases because of obedience and decreases because of disobedience. Among the concepts for character improvement are takhalli, tahalli, and tajalli (Amin, 2019).

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CONCLUSION

Integrating the principle of tawhid into Constitutional Law is a command of God that must be carried out. Rasulullah SAW has set an example in integrating this principle of tawhid through his leadership and the constitution of the country applied.

The cleric has a central role and the integration is due to his position as heir to the prophets. The opinions of students show that the principle of tawhid is an Islamic teaching found in Indonesian Constitutional Law. The principle of tawhid is the foundation of all deeds as a guarantee of the salvation of the world and the Hereafter.

The findings of this study make a very significant contribution to the Science of Constitutional Law. This finding is a form of integration of science, when applied consistently it will fortify the state, law, and its citizens from secular law. A state based on the Almighty Godhead in the ideal state is a country that is organized in the strongest and highest level of integration. Constitutional Law researchers are absolutely researching on the path set by God Almighty so that the research carried out gets blessings and remains within the corridors of sirath al-mustaqim. In the context of the state of law, the entire rule of law in its formulation, determination, and application is possible to study with an approach to the integration of science. For muslim scientists a secular approach is not an option.Ihdinash-shirathal mustaqim. Sirathal laziyna an’amta ‘alaihim ghairil maghdhubi ‘alaihim wa ladh-dhallin. Allah wa rasuluh a’lam.

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