Negara Berkebajikan Vs Hudud ( Islamic State)

Background

 
The struggle of PAS in championing the voices of Islam in Malaysia has taken to the ultimate level after the 2008, which was considered tsunami politics that remarkably overtake 5 states with its allied party with DAP and PKR in the coalition of Pakatan Rakyat. That success subsequently made its way further in its quest to take control over the government when the ruling party lost its two-third majority to the opposition party. PAS, in its history traced back to 1951, as a distinctive religious member union continuously fights to secure a state that govern its affairs within the framework of Shariah.

PAS, however, like other Islamic political parties around the Islamic world, like , Refah in Turki, FIS in Algeria, Jordan , the most well-known Ikhwan Muslimin in Jordan, Egypt , Syria , Morocco and Saudi Arabia, An-Nahdah in Tunisia, all of those who believed in democracy and persistently fight along the system by way of election. For them, their attempt to participate in the electoral process could be one of the most legitimate and legal way apart from being moderate in its pursuit to become the government in implementing shariah law.

Democracy are being used as a mechanism in legitimizing their coming into power based on the consent of the people. With that, the same way the ruling party is legitimized by the election, provided the same legitimate right for the opposition to exist. In this paper, I will explain how the concept of “Negara Berkebajikan” adopted by PAS can be adequately explain the important shift in the direction of PAS in responding towards the dire need of coping up with multi-racial,multi-religious, multi-ethinicity represented in the forms of political parties in the name of “tahaluff siyasi” .

Further discussion would be at explaining the fundamental essence of PAS`s tenet which is to established the Islamic state that is commonly associated with Hudud will be differ with the “Negara Berkebajikan” in comparison.

What is an Islamic State?

 
Since its initial establishment , a motion that called for an immediate implementation of a whole Islamic form of government had been defeated in 1954 muktamar but rather embracing for a governance that is more Islamic in its administration based on PAS objectives of creating an environment of a government that implement Islamic values and laws in accordance with the Shariah. In 1982, the significant rising of religious leader (ulama) in the hierarchy changed the discourse of the party again into more firm in its promotion of Islamic state agenda.

However, the term “Islamic State” had a very raw principle and ambiguous course of action that yet to be drafted specifically and legally in the realm of Malaysia`s sociopolitical structure.
When Mahathir challenged PAS to come forward and draft its firm principle and governance and policy of that so called “Islamic State”, PAS, though among its members seems to be cohesive and united, developed a different contextual framework of what came to be known as Islamic State. 

The evident example could be shown in 2002, where Fadzil Noor constructed his version and Hadi Awang, the current President created a different version. For Fadzill, he told in his last policy speech in 2002 Muktamar about the underying principles of Islamic States without details but have these key features. : (Memorandum Negara Islam)

1- A civil society (Masyarakat Madani) and a civil state (Negara hadhari)
2- the principle of Equality (Al-Musaawah)
3-Sovereignity of law based on Syariah and Islamic Jurispudence
4- a government based on and aimed at achieving justice (al-`adalah)
5- appreciation of true meritocracy (as-solahiyyah)
6-A true welfare state
7-An innovatie and dynamic government

 
This memorandum when it was later circulated among the BA (Barisan Alternatif) leader, caused a controversial stance among them including Parti Rakyat Malaysia( PRM)`s President ,Syed Husin Ali, and also from advisor of Keadilan , and de facto leader, Anwar Ibram, over PAS`s stance on hudud without referring and consult with other party partners. Hadi as the successing President of PAS, following the demise of the former, consecutively developed his version of Islamic state distinctively known as the “Document of the Islamic State”. The document has a more rigid interpretation of Islamic State and more literalistic in its approach is purely drafted by the more traditionalist in its nature .
The underyling principle are as follows :

1. a state that is based on the supremacy of law (Negara Undang-undang)
2. Vicegrency( Khilafah)
3.Righteousness and God-fearing (Taqwa)
4. Consultation (syura)
5. Justice and equality (al-a`dalah wal Musaawah)
6.Freedom (al-Hurriyyah)
7.Absolute Sovereignity ( As-siyaadah wal Haakimiyah)

From this transition from a more moderate version of Islamic state to a more strict version of Islamic state appeared in the document, actually resembles the conflict between professionals and the ulama in leading the party`s reform to ensure support from both Malays and non-malays voters. Hadi , who represented a traditionalist in its approach, had eventually rendered its partners like DAP`s leader irrelevant in Malaysian politics, during its crisis in facing 2004 election. . The continuous conflict within the party`s leadership remain unsettled and dangerous stake that prolonged until today.

Negara Berkebajikan/Welfare State/ Nation of Care

 
In responding towards the defeat of PAS in the 2004 election, when the rigid interpretation of an Islamic state seems to have inflicted impact upon the voters to reject PAS`s proposition, 2008 election , and its aftermath provided a good lesson for PAS to reform its party`s policies in a way that the holy cause it uphold would not in way be compromise but even instill their democratic attempt in winning the heart of Malaysia`s population to support PAS without fear of its Islamic agenda. 

 
So, in short, Negara Berkebajikan is just another must-have policy in counter-balancing its coalition with Pakatan Rakyat to get a hold and pave the way to Putrajaya. Whatever the Islamic state advocate by PAS means, and whatever form it may take, has to be confirmed by their coalition partner as to appear unite and gathered the supports from not only Muslims, but also non-muslims, which by far is more attracted to PKR and DAP, although PAS nonetheless has its non-muslim based wing in its political move. As simple as it may be, the idea of Islamic state that PAS ought to bring in this multi-racial, ethnic diversities, religious divergences made it difficult and challenged PAS and its leadership not to undermine these sheer barriers but to face it in a more considerate and receptive manner. 

 
The whole transition from the time of Yusof Rawa which is more fundamentalist to a moderate leadership of Fadzil Noor to the again traditionalist in its approach led by Hadi Awang forced him or to be adaptive as softly I can say to amend the policies to reconcile with coalition`s party to win the next 13th General Election which is very vital to witness the massive and enormous support to experience regime`s change. For further details, let us look upon its doctrine of Negara Berkebajikan.

Concept of the Caring State
In the publication as original from the PAS , they are building the concept of caring state from the framework of “ Baldatun Tayyibatun wa Rabbun Ghafur” meaning ‘A Responsible Benevolent Nation blessed (blessed with the Forgiveness) of the All Forgiving Lord. It is a concept where citizen can achieve it happiness by the success of the state according to the unlimited happiness confer by the shariah in the hereafter by the obedience of the citizen in their submission to God`s will. The (Biatus-Solehah) need to be formulated for the citizen to understand the justice and success the shariah is ensured upon. 

By virtue of Integrity, Accountability and Transparency implies the deriving justice and righteousness that shariah outlines in the principle. It reflected not only the limited interpretation of Islamic Law based on hudud in particular ,but as a comprehensive element of Islam in ensuring good governance that not only promote worship, and obedience to Allah ritually but also signifies minimal corruption, mutual equity, and advocating zero discrimination upon minorities. The overall key principle in of these proposition are as follows :

1) Justice and Righteousness
2 ) Promotes welfare and equality among citizens
3) Ensuring a civil society (Masyarakat Madani)
4) Establishing principle of fairness ( Al-Musaawah)
5) Ensure the rule of law (Siyadah al-Qanuniyah)
6) Leadership based on Competency and Integrity (Al-Quwwah wal amanah)
7) Government based on good governance - Excellence (Itqan), Trust (al- Amanah),Transparency and Openness (Al-Shafafiyyah al-Hukumah)
8)Promotes natural laws of the Almighty
9) Support democratic principles which is in line with Shura in the matter of consultation
10) Strengthen international relations upon the spirit of Islamic brotherhood among other nation

Comparing Negara Berkebajikan and Hudud and its relevancy
With regard to the above details, I can tell that PAS has developed a progressive policy with a combination of both elements from the Memorandum and Document to be put into the new amendment in its proposition . For me, PAS should not be afraid to admit that effort to confirm with democracy has to make PAS`s stance flexible in its approach to win voters.

 In politics, its not only about principle. It is also about how to make people accept your approach. PAS doesn’t have to abandon its holy cause to establish the Islamic state while rendered the name “Islamic state” irrelevant in propagating its manifesto. The nation of care approach is already conclusive in accumulating all the Islamic principle in governing the state although the term Islam need not to be advocated.

 
Hudud, on another side, is just a small part the Islamic law that stressed upon criminal act and upholding justice. For Malaysia, hudud, although persistently fought by the traditionalist in PAS, in not conducive yet to be implemented in a society where its diversity in races, ethnics, religious are obvious and the economic inequalities makes the crime rates inevitable providing the punishment for the lower class and exception for the elites. But so far as hudud is concern, the limitation it have nonetheless, had been slowly enacted in the state controlled by PAS like Kelantan. Though not holistic, at least it shows a tremendous support and undeniable acceptance from the non-muslims in Kelantan toward it’s so called Islamic governance based upon the concept of “the leadership of ulama” by renowned ulama, Mursyidul Am Pas, Tuan Guru Nik Aziz Nik Mat as the State Minister. 

 
For me , at the very least, educating the citizens to accept Shariah as their absolute sovereignity to guide the conduct of the state need, a show of evidence that it can ensure a just and equal state where the welfare of the people is taken care of surpassing the rhetorical approach of Islamic justice.

Conclusion
Indeed, PAS dealt with its internal conflict has been without doubt between those who are willing to compromise on the ideological doctrine in favor of encouraging massive support and those who fought persistently for the firm ideological stance of the holy cause. Following the humiliating defeat of Hadi Awang in his own parliamentary seat in Marang, Terengganu in the 2004 election because of the extreme side of the version the Islamic State. PAS, in this regard need to learn that, to many diverse ethnics, and multi-racial and religious bases in Malaysia`s sociopolitics, had urged PAS to always accommodate the interest of all while remaining in its principle. Not surprisingly, the latest version of potraying its initial agenda of Islamic State by clothing it with the essence of good governance in the name of “ Negara Berkebajikan” seems to be more appealing than ever to the citizens rather than known unjustified fear of rigid interpretation of hudud that is seriously unattractive to the public.

References

Fadzil Noor (2003). Koleksi Ucapan Dasar Muktamar PAS Kali ke 36 Hingga 48, Ladang Johor : PAS Kawasan Ladang

Abdul Hadi Awang (2003). The Speech in Conjuction with the Launching of Document of IslamicState

Lim Kit Siang (2001). B.A & Islamic State. Petaling Jaya : Democratic Action Party

Fazli Ibrahim., Zulkefli Ahmad.,Syed Putra Syed Ahmad. (2012). Nation of Care and Opportunity. Jalan Raja Laut: Party Islam Semalaysia (PAS)