REVIEW OF POLITICAL THEORY OF ISLAMIC LAW ABUL 'ALA AL MAUDUDY POSITIVE PERSPECTIVE OF THE POLITICAL SYSTEM OF INDONESIAN ISLAMIC LAW

: This research focuses on the theory and thoughts of Abul A'la Al Maududi regarding the idea of developing Islamic politics that would establish a pure Islamic State led by an Islamic Caliph who has been legitimized by the will and sovereignty of all Muslims. The research methodology employed is primarily literature review, analyzing the works of Al-Maududi in a descriptive and qualitative manner. The findings of this research indicate that there is idealism and a conceptual political system in the form of a Khilafah state based on the Quran and the Sunnah of Prophet Muhammad. His thoughts have the potential to be gradually applied in religious, social, national, and state aspects in Indonesia. In the context of politics and law in Indonesia, Al-Maududi tends to lean towards the principles of Sharia, even within a democratic state like Indonesia.

his brother's house and continued his higher education at Dar al-Ulum.After his father died, he went to New Delhi and worked in an Islamic publication.After his economy was stable, he deepened various branches of religious knowledge under the guidance of Islamic scholars.In 1918, when he was 15 years old, he helped his older brother raise the Islamic magazine Al Madinah, this is where Al Maududi's career as a journalist began. 3n 1919, when he was 16 years old he was involved in the Islamic caliphate movement and was also a member of Tahrik-I Hijrat, an anti-British movement.In 1920 at the age of 17, he was appointed editor of the Taj newspaper which was published in Jabalpore.At the end of 1920, Al Maududi came to Delhi and held the leadership of the Muslim newspaper (1921-1923) and Al Jam'iyat newspaper (1925-1928).In 1919 he went to Jubalpur to work for the week of the pro-Congress party called Taj.Here he became fully active in the caliphate movement and actively mobilized Muslims to support the Congress Party.Then Maududi returned to Delhi and associated with important leaders of the caliphate such as Muhammad 'Ali.Together with him, Al Maududi published a nationalist newspaper, Hamdard.It was during this time that Maududi's political views became increasingly religious.He joined the Tahrik-I Hijrah (hijrah movement) which encouraged Indian Muslims to leave India for Afghanistan which was considered Dar Al Islam (Islamic country).In 1921 Al Maududi became acquainted with the leadership of Jami'ati 'Ulama Hind (Indian clerical society).Jami'at scholars who were impressed with Maududi's talent then hired Al Maududi as editor of their official newspaper, Muslim.
The collapse of the caliphate in 1924 caused Al Maududi's life to experience major changes.He became cynical about nationalism which he believed only misled the Turks and Egyptians, and caused them to undermine Muslim unity by rejecting the 'Ottoman Empire, and the Muslim caliphate.He also no longer believes in Indian nationalism.Since then, to oppose imperialism, Al Maududi advocated an Islamic movement, not a nationalist one.He believed the actions he advocated would safeguard the interests of Muslims.This gave place to the discourse of Islamic revival. 4n New Delhi, Al Maududi had the opportunity to continue studying and grow his intellectual interests.He studied English and read Western works.Jami'at encouraged him to receive formal religious education.He started the Dars-I Nizami, a religious education syllabus popular in South Asian religious schools since the eighteenth century.In 1925 Maududi wrote his famous book on war and peace, violence and jihad in Islam, Al-Jihad fi Al Islam.This book contains a systematic explanation of Muslim attitudes regarding jihad, as well as a response to criticism of Islam.This book received a warm welcome from the Muslims.This further confirms Al Maududi as an intellectual of the people.Al Maududi tried to find the factors that caused the decline of Muslim power.He concluded that for centuries Islam had been undermined by the influx of local customs and the influx of foreign cultures that obscured its true teachings.Because of this Al Maududi proposed Islamic renewal for the government at that time, but was ignored.This prompted Al Maududi to seek a new comprehensive socio-political solution to protect Muslims.In 1926, he received a certificate of religious education and became a cleric.In 1927 at the age of 24 years, many articles were successfully written and published in a book entitled Al-Jihad fi Al Islam.In 1932, when he was 29 years old, he left New Delhi and returned to Hyderabad to lead the publication of the magazine Tarjuman Al Qur'an, which was oriented towards the revival of Islam.Then Al Maududi from 1937 to 1939 moved from one place to another.In 1937 he went to Lahore and met Muhammad Iqbal.In 1938 he moved to Punjab on Chandry T. Ali's offer.There he founded a village called Dar al-Islam.In January 1939 he left Dar Al Islam, moved to Lahore, and served as Dean of the Faculty of Theology at the Islamic College. 5n 1941 at the age of 38, Al Maududi together with seventy-five of his followers founded an organization named Jamiah Islamiyah, an organization that moved in the political field that he led from 1941 to 1971, which was approximately 30 years.Since then, Al Maududi focused on leading the people towards political and religious security.Since then, many of his works were born among the people.When India was divided, the Jama'at was also divided.Al  Maududi, along

METHODS
According to Soerjono Soekanto, the method is a process, principle, and procedure for solving a problem, while research is a scientific activity related to analysis and construction which is carried out methodologically, systematically, and consistently.Research is a scientific activity based on certain methods, systematics, and ideas that aim to study one or several specific legal phenomena by analyzing them.Besides that, there is also an in-depth examination of legal facts to then seek a solution to the problem. 9his writing method applies the library literature research and review method.The material for the analysis and main study in this study are the arguments of sharia which originate from the texts of the Qur'an (words of Allah Ta'ala) and the hadiths of the ahkam of the Prophet Muhammad.The technique used is the collection of materials: material data and information from various sources of literature (physical books), and browsing The main thought of Abul A'la Maududi is to apply Islamic concepts purely both to individuals and in the life of society and the state.The most important principle in Islam is monotheism, and all the Prophets and Apostles have the main task of conveying and teaching it to all mankind (the unity of the godhead).This principle emphasizes that God is the only substance that has power and provides the main principles of authority.
All principles, laws, and customs that are different from God's instructions must be avoided because this is seen as rejecting God's sovereignty.According to Al Maududi, sovereignty is in the 'hands of god', not in the hands of humans.God alone has the right to give laws to humans, while humans do not have the right to create laws.The law here means basic norms for the creation of a just and prosperous society.Al Maududi's idea was to understand Islam in an interpretive way, meaning to move piety and faith for political action.the legitimacy of society.The basic framework for understanding Abu Al 'Ala Maududi's concept of Islamic politics is based on a principle that the principle in Islam is that human beings, both individually and in groups, must surrender all rights to power, legislation, and domination over others. 10he foundation of this concept and thought is based on the holy book of the Qur'an which is contained in the explanation of the text of the texts in the suras as follows: 1. Al Qur'an Surah Ali Imran Verse 154.The government that will administer this kind of state will be given the right to be obeyed within its capacity as a political agent created to enforce God's laws, as long as it acts according to its capacity.If he ignores the laws that Allah has revealed, his commands will not bind the believers. 13he conditions that must be met as an Islamic State are: 1.A country that was founded based on the awareness of being an independent nation and is willing to voluntarily bow its head to Allah -Lord of the worlds, even though it is an independent nation with full independence.He is willing to occupy the position of caliph, not the position of the supreme ruler under Allah's authority.2. The highest power and legal sovereignty fully belong to Allah. 3. Having a government system that is following the principles of democracy, its replacement, and its implementation must be in line with the people's opinion.
4. A country that has a certain concept, and is managed by people who are trusted and experts in their fields.As the material for implementing Allah's laws, the duties of a caliph are included in the territory of the constitution as a concrete form of legislation that must be implemented as stated in the contents of the Qur'an Surah An Nisa' verse 49.
1. Obedience to Allah and His Messenger takes precedence over all other obedience.2. Obedience to Ulil Amri comes after obedience to Allah and His Messenger.3. Ulil Amri must consist of believers.4. The people have the right to sue the authorities and the government.5.The determining power in every dispute is the law of Allah and His Messenger.
6.It takes a body that is free and independent from the pressure of the people and the influence of the rulers, to make decisions in disputes following the laws of Allah and His Messenger. 16According to Munawwir Sadzali's analysis, Al Maududy's thoughts made many major contributions to the political concept of an Islamic state, as follows: 1. Islamic state system cannot be called democracy, because, in a democratic system, the power of the country is completely in the hands of the people, meaning that laws or laws are promulgated, amended, and replaced solely based on the opinions and wishes of the people.2. Islamic political system is more accurately called theocracy, meaning that Allah's power is in the hands of Muslims who carry it out following what is conveyed by the Qur'an and the Sunnah of the Prophet Muhammad Saw.
3. State power is carried out by three institutional bodies, namely: legislative, executive, and judiciary, and strongly rejects the Trias Politica system.18 Political Analysis of Islamic Law in Indonesia.
The National Legal System in Indonesia which is based on Pancasila and the 1945 Constitution, which is realized through national legal politics, is a legal system originating from, and rooted in, various legal systems imposed by the people of Indonesia.The application of the law by the people of the Indonesian nation, which is diverse, includes the customary law system which is already embedded in life, the Islamic legal system which is attached to beliefs, and the European legal system as a 16 Ibid. 17Dedi Supriyadi.Perbandingan Fiqh Siayasah-Konsep Aliran dan Tokoh-Tokoh Politik Islam.Pustaka Setia.Cetakan I. Bandung, 2008.Page 97.colonial legacy.These three legal systems have become raw materials in the formation of a holistic and comprehensive national legal system through national legal politics. 19he Unitary State of the Republic of Indonesia is not an Islamic State, nor is it a secular State.The reality of political dynamics shows that constitutionally Indonesia is a Pancasila state with a Pancasila democracy system.Therefore, it is impossible formally for Islamic institutions to fully realize Islamic principles regarding the law, especially in its official form.
Considering that Indonesia is a country with a diverse population (plurality), Islamic law is still stated as a living law.The same thing also applies to followers of other religions who have their laws.The state can also transform the principles of Islamic law in certain areas, and make them part of national law.For this reason, all must follow constitutional procedures in line with legal norms and the ideals of national law.What is interesting is that the attempt at Indonesian Islamic sharia law (Indonesianization of Islamic law) contains two tendencies.the existence of ijtihad on the concept of Indonesian fiqh (Islamic law).The second trend is constitutional-oriented Indonesianism, namely formulating Islamic law in the form of laws and regulations through consensus -ijma' of Indonesian scholars.It is with this process that efforts to formulate, establish and stipulate Islamic Sharia law can be legislated to become national positive law.
Based on these very different crucial reasons, both ideologically and constitutionally, it is certainly difficult to match, elaborate, transfer, and convert to apply and realize the ideas, concepts, and theories of Islamic political thought which are very idealistic from Abul 'Ala Al Maududi to the realm of legal politics in Indonesia.However, the writer is not pessimistic and does not deny that there is a very different idealism gap.On the contrary, the author tries to respond positively to Al Maududi's conceptual ideas about Islamic state politics, to be used as material for study, references to the ideals of pure Islamic political thought, and we can take advantage of them, and apply them in the practice of social and state life in Indonesia.
Political facts show that constitutionally Indonesia is not an Islamic state but a Pancasila state.Therefore, it is impossible formally for Muslim institutions to fully realize Islamic principles regarding the law, especially in its official form.Some ideas, theoretical concepts, and Al Maududi's thoughts that are suitable and following tradition, and the dynamics of the life of the legal political system in Indonesia are as in the following table:

The Concept of an Islamic State According to the Thoughts of Abu Al 'Ala Maududy.
10 Abul A'la Al Maududi. 11Departemen Agama Republik Indonesia.Al Qur'an dan Terjemahannya.Jakarta, 2017

Table 2 . Review of Political Theory of Islamic Law Abul 'Ala Al Maududy Positive Perspective of the Political System of Indonesian Islamic Law Nu. Concept of Idealism Practice and Implementation Legal Political System Indonesia
The basic ideology of the Republic of Indonesia is Pancasila: 1. Belief in the One and Only God.It is the essence of the teachings of Tawhid which are the main fundamentals of Islam.