Revitalization of Jihad and Khilafah: A Review for Political thought

of Hizbut Tahrir Indonesia

Sirojuddin Aly

Universitas Islam Negeri Syarif Hidayatullah Jakarta, Indonesia

Keywords: revitalization, jihad, Khilafah

Abstract: The effort to establish a Khalifah state has been threatening the unity of the Republic of Indonesia. In the

last few decades, it has been recognized by various parties, and the mass organization like HizbutTahrir

Indonesia which is trying to promoting the establishment of Khalifah state in Indonesia. It is as a result of a

misunderstanding about the meaning of the Khilafah in the context of the nation and state in Indonesia. In

order to anticipate thoughts and movements, so that it will not be massive in the future, the government of

Indonesia issued a policy to dissolve HTI which previously had status as a legal entity. The dissolution of

HTI based on Government Regulation in Law No. 2 of 2017 which amends Number 17 the Year 2013 Law,

concerning social organization. The purpose of this study is to refrain from a misunderstanding that will

occur about the meaning of the Khilafah state and the application of jihad. The study uses study is a

qualitative method. As for the results of interim research, it shows that there has been a misunderstanding

about the concept and implementation of jihad. The fundamental thing in the life of the nation and the state

is the recognition of Pancasila.

1 INTRODUCTION

This study discusses the revitalization of jihad and

Khilafah teachings which always appear in society

from time to time. Jihad is considered an effort and

means to build a Khilafah government in Indonesia.

This is the agenda of Hizbu Tahrir Indonesia (HTI),

and has fought it actively; they believe that the

Khilafah government can solve various problems

faced by the people of Indonesia. However, the

actual effort to build a Khilafah government will

bring greater mudharat (problem), namely the split

disintegration of the Republic of Indonesia (NKRI).

In detail, this study discusses some of the main

issues among them; understanding Khilafah and

jihad, the stigma of Islam as a terrorist religion, the

motivation of jihad, HTI, and Jihad, effort to

establish Khilafah in Indonesia.

2 UNDERSTANDING KHILAFAH

AND JIHAD

The word Khilafah comes from Khalafa which

means successor. In the context of Islamic political

thought, Khilafah is a term referring to the model of

government built by the four Caliphs after the

Prophet passed away, namely Abu Bakr, Umar ibn

al-Khattab, Uthman ibn Affan, and Ali bin AbiTalib.

In this context, al-Mawardi (364-450 H./975 - 1059

AD) one of the Islamic political thinkers stated that

Imamate (leadership) is the subject of the

Nubuwwah caliphate (the successor of Nubuwwah)

that takes care of the religion, manages the social

and political life (al-Hadhari, 1983). These four

Caliphs built a government that became known as

Khilafah. Thus, the caliph was a leader who

succeeded the previous leader as a successor in

leading the people, as Abu Bakr succeeded Prophet

Muhammad. So did Umar bin Khattab, Uthman ibn

Affan, and Ali bin Abi Thalib, although Umar did

not like the title of Caliph, Umar preferred the title

"Amir al-mu'minin." Umar argued that if Abu Bakr

was called the Caliph of the Prophet, then when

leadership turned to Umar, the title of khalifah

should be called twice, that is khalifatu khalifah

Rasulullah, and this is too long. This is how Uthman

ibn Affan and Ali bin Abi Talib argued about the

title.

The word Jihad is from jahada which means to

all capabilities (bazdluljuhdi), and terminology

Aly, S.

Revitalization of Jihad and Khilafah: A Review for Political thought of Hizbut Tahrir Indonesia.

DOI: 10.5220/0009934817531760

In Proceedings of the 1st International Conference on Recent Innovations (ICRI 2018), pages 1753-1760

ISBN: 978-989-758-458-9

1753

means to exert all effort and ability in order to

defend Islam to reach Allah's blessing (al-Far, 1985).

By this understanding, there are three ways of Jihad.

First; Jihad with oral (jihad bil oral), i.e., through

explanation with the utterance of the truth of Islam,

and explaining about things that are not true.

Second; Jihad with treasure (jihad bil mal). Thisis

done by infusing property on the good things

according to the Shari'a, and third is jihad with soul

and body (jihad bi al-nafs). Thisis done in situations

where Muslims are struggling with weapons in

defending their homeland and religion from the

attack of the enemy. In such a situation, it calls to

help weak Muslims from the enemy threat. Under

these circumstances warfare takes place in Islam,

thereby fighting in this context with the army being

jihad fisabilillah (al-Far, 1985).

3 STIGMATIZE ISLAM AS A

TERRORIST RELIGION

This the notion of jihad as described above is very

different from the concept of jihad conceived by

HizbuTahrir, where the notion is more focused on

war as if there is no jihad in any other way or form.

It is as confirmed; Jihad is at war (al-qital) in God's

way to keep God's sentences high and honorable

(Hizb al-Tahrir, 1426/2005). This understanding is a

misunderstanding because it will implicate the birth

of extreme or radical acts. So it is true what is

affirmed by one of the Nahdlatul Ulama (NU)

leaders that the emergence of violence in the name

of religion is due to an inadequate understanding of

jihad. Jihad should not be interpreted only in the

form of war, but also other things, such as

eradicating poverty and ignorance (Turmundi &

Sihbudi, 2005).

Jihad means to achieve the goal of creating

security and peace of life and be the final alternative

if they do not meet the agreement through

diplomacy. If the goal can be achieved without

going through war, it is considered much better

(Gunawan & Nasir, Inspirasi Jihad Kaum Jihadis

(Telaah Atas Kitab-Kitab Jihad), 2017). Jihad aims

to protect the homeland, the Muslims, the

unbelievers Zimmiy and the people who get

tyrannized. In the context of life in the modern era

based on the observation of the jihad has become a

single meaning that connotes violence as a

manifestation of unbalanced competition in wars

between Islamic groups when faced with Russia and

America. This condition has spawned a group of

guerrillas who are pejoratively stigmatized as

terrorists. The way to resist is by spreading terror to

a society that is not on the right target. The

inappropriate actions of these targets continue as if

to legitimize the birth of terrorist methods as a legal

part of the jihad strategy (Gunawan & Nasir,

Inspirasi Jihad Kaum Jihadis (Telaah Atas Kitab-

Kitab Jihad), 2017), including suicide bombings,

whereas Islam has banned them.

Jihad in the sense of war against non-Muslims

who are hostile to Islam at the time of the Prophet

Muhammad. Moreover, his companions are pious

deeds that will get Heaven's reward for those who

are killed in the battlefield as martyrs so that in those

days every Muslim with a passion and sincerity

wants to involve himself in battle. However, this

phenomenon is different, jihad appears in a single

meaning and connotes violence, not inadequately

improper, and a layman becomes a victim, resulting

in a negative stigma; Islam is a terrorist religion

always associated with acts of violence. Jihad is

only used to kill people without feeling sorry for

them. The facts show that in some parts of the

Muslim world, such as in Syria, Iraq, Afghanistan

and including in Indonesia, there are often terrible

bomb explosions and result in public places in

addition to destroying charred property. Islam does

not teach violent acts; Islam teaches the teachings of

rahmatan lil alamien.

In addition to being suspected by a very literalist

(literal) religious understanding, the emergence of

jihadist groups in Tabah Airis also influenced by

two important factors (Afadhal & al, Islam dan

Radikalisme di Indonesia, 2005). First; The fragility

of religious harmony. Second; there is an attempt to

discredit the international world against Islam. The

first factor is when the conflict between religions, as

what happened in Ambon in 1999, the victims are

mostly Muslims. It caused anger of other Muslims

so that they formed supporting troops. The second

factor is the tragedy of World Trade Center (WTC)

in New York on September 11, 2001, in which

Osama bin Laden was accused of involvement as his

mastermind. Since then in America and Europe

stigma appears that Islam is a terrorist religion, and

also the world International voiced the dangers of

the jihadist movement that became the seed of

terrorism throughout the Islamic world, including

Indonesia (Afadhal & al, Islam dan Radikalisme di

Indonesia., 2005). It affects the inconvenience of

some Muslims because Muslims feel cornered. The

reaction of some Muslims who are radical to commit

an act of terror, although his actions are, are

considered as legal in the Syari’at law. Because,

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first, they have spread fear to the public, second,

their actions are harming innocent people.

4 MOTIVATION OF JIHAD

Use the spirit of jihad that appears in the Islamic

world, at least triggered by three main things

(Gunawan & Nasir, Inspirasi Jihad Kaum Jihadis

(Telaah Atas Kitab-Kitab Jihad), 2017).

4.1 Opposition to Colonialism

Resistance to colonialism and perform acts that

resulted in the suffering and poverty of society. This

condition raises the spirit of opposition from the

leaders and colonized communities. The goal is to

expel the invaders from their homeland. From here

born the fighters who are ready to perform jihad,

expel the invaders to the life of the free people, and

can manage their own lives.

4.2 Purification of Islamic Teachings

Religious life in Indonesia cannot avoid the

acculturation so that the teachings of Islam mixed

with local culture or foreign culture, such as beliefs

of khurafat, bid`ah and so on; Islamic teachings are

no longer displaying pure teachings. In the mid-

century, the birth of Ibn Taimiyah brought jihadist

views to revive a pure Islam, despite the influence of

local cultures mixed with khurafat and bid'ah. Ibn

Taimiyah mobilized his jihad activity through an

authentic spirit of religious understanding

(Taimiyah, 1392/1973). Ibn Taymiyyah in many

respects criticized the problems of Muslims that he

regarded as deviating from the Qur'an and the

Sunnah of the Prophet. Muhammad bin Abdul

Wahhab (1701-1787 AD) followed Ibn Taymiyyah's

efforts to do jihad. Like Ibn Taymiyyah, the jihad

done by Muhammad bin Abdul Wahab was to invite

the people to return to the normative way of religion

and the opinions that purify the monotheism of the

things that are khurafat and superstition.

4.3 Enforcing the Khilafah

Some Muslims are figures and thinkers, including

Abul A'la al-Maududiy, Hasan al-Banna, Sayyid

Quttub, and others, want the Khilafah state to

reinforce (Gunawan & Nasir, Inspirasi Jihad Kaum

Jihadis ( Telaah Atas Kitab-Kitab Jihad, 2017). Abul

A'la al-Maududiy came up with his ideas to some

extent affecting the development of Muslim

teachings, especially in India and Pakistan. al-

Maududi argues that the state should have a

monotheistic ideology of God's sovereignty and a

universal system. It offers the Islamic state system

with the new term, the democracy and Islamic

theocracy (Al-Maududi, 1416/1996).

Hasan al-Banna also voices the struggle to

establish the Caliphate. Hasan al-Banna in the

Congress of the Muslim Brotherhood V stated in his

keynote speech stated that the Brotherhood believes

that the Khilafah Islamiyah is a symbol of Muslim

unity, as well as a solid bond between Islamic

countries, although this struggle in some countries in

the Middle East failed, including in Egypt.

In Indonesia, two prominent jihadist figures are

very hard to fight for the implementation of the

Shari'a and the establishment of the Khilafah state,

namely; Abu Bakar Ba`asyir (1938 AD) and Aman

Abdurrahman (1972). In order to realize the

mission implementation of Shari'a Islam and the

enforcement of Khilafah, both of them campaigned

the idea of "thoghut," that is, a person or group that

does not practice Sharia. Indonesia embraces the

democratic system and does not make Islamic Sharia

as the basis of the country is considered a state of

thoghut. Therefore, it should not be obeyed and must

be resisted (Gunawan & Nasir, Inspirasi Jihad Kaum

Jihadis (Telaah Atas Kitab-Kitab Jihad, 2017).

5 HTI AND EFFORTS TO

ESTABLISH KHILAFAH

ISLAMIYAH

Hizbu Tahrir (HT) came to Indonesia in 1983

brought by an Australian-based Hizbu Tahrir

muballigh and activist, Abdurrahman al-Baghdadi.

After experiencing developments in Indonesia

Hizbut Tahrir obtained Legal Entity status on July 2,

2014, three months before Jako Widodo was sworn

in as president. The development of Hizbu Tahrir in

Indonesia is inseparable from Hizbu Tahrir found by

Taqiuddin al-Nabhani in 1953 in al-Quds, Palestine

as harakah Islam (Islamist Movement), and later

became a political party. The purpose of the

establishment of Hizbu Tahrir (HT) is to revive the

political concept which is claimed to be an

obligation in the Holy Book, the Sunna of the

Prophet and has been manifested in the history of

Islamic rule since the time of the Prophet

Muhammad, until the fall of the Ottoman Empire.

Hizbut Tahrir (HT) seeks a single unity for all

Muslims in the world, an idea that breaks across

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international geographical, cultural, and political

boundaries.

In particular, the purpose of the establishment of

Hizbu Tahrir in Indonesia was to continue the life of

Muslims and carry out missionary (dakwah)

mission. According to Hizbu Tahrir Indonesia,

which then later called HTI, that to solve the

problems of Muslims that are so complex is by

returning Islamic Sharia law and upholding the

Khilafah state (Ainun Rofiq: 2013). Therefore, at the

beginning of its movement, HTI conducted da'wah

on large campuses throughout Indonesia, so that in

the 1990s HTI propaganda began to develop and

spread to the community. This propaganda, besides

being carried out on campuses, is also carried out in

mosques, offices, and housing estates (Ainun Rofiq:

2013).

Furthermore, if viewed from the aspect of his

ideas of political thought, HTI is a radical

organizational movement, despite efforts made to

achieve its goal of using peaceful means. Why HTI

is said to be a radical organization. . ? because what

is fought for by the organization's movement is to

make fundamental political changes by way of

totally destroying the nation state that has stood up

to date and based on national consensus in 1945.

And after the destruction, this country will be

replaced by the form of the Khilafah state (Ainun

Rifiq: 2013).

As mentioned above, HTI in carrying out its

movement is not violent or frontal, unlike other

radical organizations, such as the Indonesian

Mujahidin Council (MMI). But HTI moves

strategically and through stages. Therefore, even

now there is no sufficient evidence to accuse HTI of

committing acts of violence or terrorism. As for the

stages carried out by HTI to achieve its political

objectives, there are at least three stages as follows;

1. Tatsqif stage, which is the coaching and

performance stage. This stage is done to recruit

people so they can join HTI until they have the same

political goals. This stage is the initial capital to

form the framework of a party. 2. Tafa`ul stage or

interaction. This stage aims to interact with the

ummah to be able to develop Islamic da'wah, so that

Muslims will make da'wah the main matter in their

lives. By continuing to carry out da'wah, the

community can be influenced more broadly. 3. The

stage of istilamul hukmi, namely the stage of taking

over power or government. If this power can already

be taken over, HTI will be able to enforce Islamic

law in total, and also be able to spread it to the

whole world (Anzar Abdullah: 2016).

Of the three stages, HTI made efforts to

popularize the Khilafah state. Therefore, in the

struggle to establish the Khilafah state, HTI does it

from below, starting from recruiting members, the

cadre process, preaching to the community,

disseminating information through mass media,

famlets, seminars and other strategic steps. Another

thing to note is that HTI in its struggle is always

using and favoring the glory of the Muslim

community of the past, so that this is the motivation

for the struggle of this movement organization

(Anzar Abdullah: 2016)

Hizbut Tahrir Indonesia (HTI) is a

fundamentalist movement that flourished in

Indonesia. Islamic fundamentalist movement in

Indonesia does not only carry the idea of formal

application of Shari'a Islam on the level of life of

nation and state, but also seek toward the

establishment of an Islamic state or Islamic

Caliphate. The emergence of this thought is not

surprising because there has been a movement that

emerged and championed by Kartosuwijo, namely

DI / TII (Darul Islam / Army of Islam Indonesia). In

the post-reform era, this thought reappeared in

varied forms and underwent its revitalization with

the presence of several new groups that have the

idea of establishing an Islamic Caliphate that can

accommodate all Muslims from various nations. The

essence of this idea is only limited to the form of the

spark of thought because the people who carry this

idea have not discussed in detail (Turmudi &

Sihbudi, Islam dan Radikalisme di Indonesia, 2005).

However, Hizbu Tahrir Indonesia (HTI) strongly

emphasizes the importance of the role of the state

(al-daulah

) or Caliphate as a means of application of

Islamic Sharia. Sharia, for this group, must be

supported by the power of the state. Therefore, HTI

carries the idea of the need to re-establish the

Islamic Caliphate (Turmudi & Sihbudi, Islam dan

Radikalisme di Indonesia, 2005).

6 REVIEW HTI'S POLITICAL

THOUGHT

The affirmation of the meaning of Khalifah as stated

by Abdul Qadim Zallum (second leader after

Taqiuddin al-Nabhani) is a general leadership for all

Muslims in the world (Zallum, 2002). This assertion

is, in fact, contradictory to the meaning of the

Khilafah, prevailing in the days of the companions

of the Prophet, namely the Khulafa al-Rashidin; Abu

Bakr, Umar bin Khattab, Uthman ibn Affan, and Ali

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bin Abi Talib. The Khilafah is interpreted as a model

of leadership or the successor government of the

Prophet Muhammad. After the passing away of

Prophet Muhammad SAW, as successors of Prophet

Muhammad, Abu Bakr, Umar bin Khattab, Ustman

ibn Affan, and Ali bin Abi Talib, modelled Khilafah

as the socio-political life management for the

followers of the Prophet in maintaining the religion.

This understanding does not indicate a single

leadership for all Muslims in the world. This idea is

also very utopian in the context of socio-political life

in the contemporary era as it is today because

Muslim countries have formed their respective

territorial boundaries. So that it is no longer

possible to be united in a single leadership for the

entire Islamic world.

Apart from that, the form of government is

something that can change from time to time in

accordance with the changing times, the situation

and circumstances of the community in question.

This is because Islam does not specify by default the

form of the state or system of government.

Nevertheless, Islam only establishes its basic

principles, such as the principles of trust,

deliberation, equality, upholding justice, pluralism

(Sirojuddin Aly: 2018). This is in accordance with

Munawir Sjadzali's assertion (1993) that the basic

principles of social life provided by the Qur'an and

the Sunnah of the Prophet are not directly related to

statehood. Therefore on this basis, the state does not

have to be in the form of Khiklafah and its leaders

are called Caliphs, because Islamic teachings can be

divided into two main parts. First; Teachings that are

permanent (al-tsabat) and cannot be changed or

amended until at any time and by anyone. The

teachings which in this first category, such as

regarding the obligation to pray five times, the

obligation to pay tithes (zakat) based on what has

become a decree, the implementation of the

obligations of Hajj in Arafat, Mina, and Mecca, the

obligation of fasting in the month of Ramadan.

These teachings cannot all be changed at any time

and by anyone, because they are fixed (tsubut).

Second; Teachings that can change from time to

time are in accordance with the changing times and

places. This second part is a part of Islamic

teachings which in Islamic political thought is called

murunah or flexible. In general, the teachings of

this second part are related in a way or technical, so

the method or technique can be different and change

from time to time according to human differences

and changes in times and places. The teachings

included in this second part, such as the form of the

state and the system of government.

In the modern and contemporary era, the form of

the state and system of government can be different

and change according to the results of consensus and

collective agreements of the people of the country

concerned, it is okay to use a monarchi (kingdom)

state or democratic republic. Therefore, Indonesia

could use the model and system of republican and

democratic government. Nevertheless, in the

implementation of the democratic system in

Indonesia, not one hundred percent copy and paste

from the West. This is because the implementation

of the democratic system in Indonesia has undergone

changes and adjustments to the culture based on the

wisdom of the Indonesian people. Therefore, in the

implementation of the government system it does

not have to use the Khilafah system. In addition, the

Khilafah system has no guarantee whether it can

solve the problems faced by the Indonesian people

or not. . . . A strong reason is based on the fact that

the struggle of ISIS in Syria and Iraq which fought

the Khilafah system up to now does not give birth to

the good of the people of the two countries, but the

opposite is true, namely giving birth to endless

destruction and suffering for the people of the two

countries.

They argue that the ideology of Pancasila is not

in line with Islamic principles although according to

them, the ideology of Pancasila appears to be

spiritually Islamic. The content of the Pancasila does

not accommodate the essence of Islam teachings.

Therefore, according to this group, Islam must be

presented and become the ideological religion

through the Islamic state ( daulah Islamiyah ) with

its (Gunawan & Nasir, Inspirasi Jihad Kaum Jihadis

(Telaah Atas Kitab-Kitab Jihad, 2017). This thinking

has geopolitically opposed the reality of politics in

Indonesia, because Indonesia has a multi-ethnic or

plural population, consisting of various adherents of

a religion, tribe, nation, and language. Pancasila is

the media to keep the Unitary State of the Republic

of Indonesia (Sirojuddin Aly: 2017).

Basically, HTI has denied the general principles

that apply to all social organizations based on

Pancasila and the 1945 Constitution. The denial of

HTI is carried out through structured, systematic and

massive efforts to replace the state base of Pancasila

with the Khilafah system for life. nation and state.

Some facts, the denial of HTI can be conveyed as

follows (Kemenkumham, Defendant's Answer

Document: 2017);

1. HTI registers as a community organization.

Whereas HTI it self is a political organization that

aims to seize power, because etymologically the

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1757

word hizb means party, while the tahrir is liberation.

So, Hizbu Tahrir means the liberation party.

2. HTI has similar political objectives with all

political organizations of Hizbu Tahrir in several

countries, namely dissolving the nation states that

already exist, including the republic of Indonesia to

become part of a world-level Khilafah.

3. HTI has adopted, translated and published the

Draft Islamic Basic Law of Hizbu Tahrir (al-dustur

al-Islami) written by Sheikh Taqiyuddin al-Nabhani.

4. HTI has adopted, translated, and published the

book "Rules of Life in Islam" written by Sheikh

Taqiyuddin al-Nabhani.

5. HTI has repeatedly carried out activities in

various regions that are contradictory and even want

to replace the Pancasila ideology.

6. HTI held a conference of the Khilafah on June

2, 2003 at the Bung Karno Stadium.

7. HTI openly held an International Conference

on 12 August 2007 at Gelora Bung Karno, this

International Conference was attended by thousands

of participants.

8. In its Articles of Association, HTI includes the

Republic of Indonesia, Pancasila and the 1945

Constitution, but in its activities HTI denies the

existence of the Republic of Indonesia, Pancasila,

and the 1945 Constitution.

As mentioned above, HTI always conducts

doctrine to the public through various media and

forums, such as preaching, seminars, recitation,

book publishing, and demonstrations that contain

political ideology. In submitting the doctrines of its

political ideology, HTI always raises issues of socio-

political conditions from the negative side only as a

form of government mistakes, positive law (laws

and regulations below), constitution, and the basis of

the state of Pancasila. Everything is considered a

product of darul kufr which is contrary to the

teachings of Islam. The doctrine carried out by HTI

aims to eliminate public trust in the state base

(Pancasila) which is ideologically internalized into

the thinking of each cadre and candidates for HTI

cadres.

HTI does not recognize the state system of the

Republic of Indonesia. According to him the NKRI

as dar al-kufur (an infidel state) and dar al-harb (a

country that must be fought), and intends to uphold

the understanding of the Khilafah to replace the state

basis of Pancasila and the 1945 Constitution of the

State along with its entire legal system which

according to HTI is a thaghut system

(Kemenkumham, Defendant's Answer Document:

2017). Pancasila which has been included in the

Articles of Association of HTI, but in reality it is not

in accordance with its implementation, this is a

violation of the principles of social organization and

is a form of thought and intention that has existed

since the social organization was registered

(Kemenkumham, Defendant's Answer Document:

2017) .

HTI considers that Islamic Law is one of the

positive laws of the Republic of Indonesia. But

actually the statement conveyed by the HTI contains

the logic of wrong thinking and manipulative

thinking. Because Islamic Shari'a law is a law that

clearly and expressly applies only to Indonesian

citizens who are Muslims. While HTI wants to

establish the Khilafah Islamiyah as the foundation of

the state and impose Islamic Sharia for all citizens

without exception (Kemenkumham, Defendant's

Answer Document: 2017).

HTI insists that the understanding of the

Khilafah according to him does not conflict with

Pancasila and the 1945 Constitution and can still be

debated or discussed. In this case, there are two very

important things to consider (Kemenkumham,

Defendant's Answer Document: 2017), namely;

1. The contradiction between the position of

the Khilafah and the concept of the Republic of

Indonesia based on Pancasila and the 1945

Constitution is truly real, because;

• The concept of the state adopted by HTI is a

religious state, not a legal state. This principle is

affirmed by Taqiyuddin al-Nabhani; "Therefore, it is

mandatory for you Muslims to uphold the Islamic

State, because Islam will not come into being with

an influential form, except with the existence of a

state".

• The basic law in the daulah Khilafah Islamiyah

system is not the 1945 Constitution, but the Islamic

faith. This is as confirmed in the Daulah Islamiya;

"Islamic faith is the basis of the state. Everything

related to state institutions must be built based on

Islamic faith”.

• Understand the Khilafah does not know the

division of power; Executive, Legislative and

Judiciary. This is as affirmed by Taqiyuddin al-

Nabhani; "The Caliph legalized certain Syara laws

which were used as the constitution and the laws of

the state, and what has been ratified by the Caliph

became Syara law, and we must be obeyed by every

individual".

• HTI states that the concepts of democracy and

human rights are pagan. This is as affirmed by

Taqiyuddin al-Nabhani; "For now, all ideas or ideas

that are Kufr creeds must be opposed and explained

by their falsehoods, for example; secularism,

pluralism, and liberalism are ideas that must be

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opposed. So is the idea of democracy, human rights,

gender equality and others ".

• The principle of the Caliphate is contrary to the

principle of equality before the law, because the

right of Muslims is greater than that of other

religious people, as stipulated in the constitution of

the Hizbu Tahrir Khilafah.

2. MUI fatwa resulting from the Ulama of the

Third Indonesian Fatwa Commission in 1430H /

2009 M. in Padang Panjang on 24-26 January 2009,

namely the fatwa on masail asasiyah wathaniyah

(national strategic issues) states, among others, as

follows (Kemenkumham, Defendant's Answer

Document: 2017);

• The agreement of the Indonesian people to

form the Republic of Indonesia with Pancasila as the

nation's philosophy and the 1945 Constitution as a

constitution, is an effort to maintain the nobility of

religion and regulate shared prosperity, where this

agreement binds all elements of the nation.

• The Indonesian nation is a pluralistic nation,

both ethnic, racial, cultural and religious, therefore,

the Indonesian people agreed to idealize this nation

as a pluralistic one with the slogan "Unity in

Diversity".

• Islamic Unmat as the largest part of this nation

must continue to maintain the national consensus.

• In the context of nation and state, after the

proclamation of independence in 1945, Islam views

the position of religious people as part of the nation's

citizens who are bound by national commitments, so

they must coexist peacefully with the principle of

mu`ahadah (peace agreement) and muwatsaqah

(mutual trust), and not the position of muqatalah

(war).

Therefore, the understanding adopted,

developed, and disseminated by HTI, in fact will

pose its own danger for the life of the nation and

state, because it raises the tendency of physical

violence and the potential to create horizontal

conflicts, because HTI in achieving its goals will

make raises conflicts, including (Kemenkumham,

Defendant's Answer Document: 2017) as follows;

• There is a call for the military to take power

and hand it over to the plaintiff.

• The existence of rejection from other elements

of society towards understanding that is

disseminated, thus causing friction (conflict) in the

midst of society.

• The fact that there are radical figures, both

those who have been convicted, or those who have

not undergone legal proceedings, they have the same

understanding and will be affiliated with HTI.

If the ideology of Khilafah replaces Pancasila as

the basis of the state, it will result in division among

the society. If there is division, then there is no

peace and tranquillity of life, which is the

destruction of the country that led to the beginning

of misery for all Indonesian people. Thus,

government policy should take action to dissolve

HTI, as it is based on Government Regulation in

Lieu of Law No. 2 of 2017, amends Law No. 17 of

2013 on social organization.

7 CONCLUSION

The understanding of the Khilafah, if referring to its

origin, means a substitute, as Abu Bakr was the

successor of Prophet Muhammad in leading and

managing the socio-political life of the people. The

question form and system of government in the

modern and contemporary era can be appropriate to

the concern of the community; the most important is

the commitment to follow the divine command. In

the context of political life in Indonesia, the Khilafah

is not a complete solution to solve the problems of

this country. It is based on the geopolitical reality of

Indonesia, where its people are coming from

different cultures and religions. Therefore, Pancasila

and the 1945 Constitution are the fittest ideology to

be the basis of the state to defend the sovereignty

and unity of the Republic of Indonesia.

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