As a religious movement influenced by the society of Muslim Brothers, PKS regards Islam to be the totality of rules and norms guiding the daily lives of Muslims – embracing religious, economic, social, cultural and political dimensions. Political institutions are necessary to maintain and promote the existence of the teachings of Islam. As a political party, PKS struggles for the interests of Muslims, or at least to prevent any political moves to obstruct Muslim interests. The state must be able to guarantee its people the performance of their faith. The issue as phrased by PKS is that “if it is not the Islamic parties which are dominant in the government, the Muslim community will have difficulties in observing its faith.”[57] It seems that the possibility of “trust building” between Indonesian secular and Islamist elites is still low - most of the political elites still do not trust one another.[58]
For PKS, the place of Islamic parties within the democratic system is necessary and the only possible way to carry out the “Islamisation of the state.” Only by the people’s support through general elections can the agenda of the Islamisation of Indonesia be realised.[59] The implementation of shariah must be carried out in a constitutional way, avoiding the use of force or violence.[60] A jurisprudential view of the Egyptian scholar, Yusuf Qaradawi has strengthened PKS’s belief in the benefits of democracy. It was quoted in a PKS organisational manual to support the principle of embracing democracy to further Islamic interests. Qaradawi said
There is nothing wrong for a nation, intellectuals and leaders to use any concept from others, they may even find them more perfect and suitable. However, before we are able to provide an alternative concept, it is better for us to take lessons from various concepts and principles of democracy in order to ensure justice, consultation and human rights, as well as to challenge all tyrant regimes in the world.[61]
In this context, PKS believes that the practice of shariah within the community must be supported by political structures. Any efforts to influence the state must be carried out by an involvement in political activities. The cultural approach in promoting Islam is insufficient for PKS. Even though PKS seats in the National Parliament remain few in comparison to the more established parties, their presence in the Legislative Body (DPR) is still a prerogative.[62] One activist of PKS in East Java confirmed the strategic role of being involved in politics
A good Muslim will not be confused with our approach in carrying out dakwah, including in politics. If people consider politics dirty and good men do not want to be involved in politics because they are afraid of being contaminated, what will happen? Does it mean that we must keep our distance while this condition will go on as it is? In fact, we know that all policies are decided through political process, not through sermons! We cannot expect good policies if people who claim themselves clean just speak out in sermons or in raising criticism.[63]
So the attitude of PKS towards the formalisation of shariah in Indonesia is still ambivalent. This is because the party formally has no clear direction on shariah and its core members have varied in their responses to the issue. They are divided into two streams.
First, there is the moderate mainstream. Most PKS activists believe that the implementation of shariah should be initiated from the level of the individual, society and only then the state. The role of the government is to maintain and ensure that all rules and laws derived from Islamic values have been properly implemented. This moderate approach, which is supported by the majority of PKS activists, is more accommodative and suitable for the Indonesian community, yet it does not satisfy conservative groups who are impatient to see the introduction of shariah in Indonesia.
Following this direction, the implementation of shariah will be carried out in a careful way. The people’s criticism and aspirations will be considered in order to continue on to the next step of Islamisation. Islamic aspirations do not need to be consistent in a formal way, but sometimes Islamic values may be adopted to give spirit to national laws. The planned strategy is that when the people show themselves to be receptive; more parts of shariah will be proposed. PKS’s philosophy in implementing shariah is to give people a “taste” first and if they like it, more can be given. “It is like orange juice; if people like it but it only contains 30% pure fruit, for instance, give it to them. It is a matter of appetite.”[64] This gradual approach of formalisation of shariah is mainly derived from the experience of Turkey.[65]
The pragmatic approach comes from this stream of opinion. Even so, some members of PKS in parliament have argued that empowering the little people and raising their standard of living is more important than keeping busy with the issue of shariah. “The important thing is to promote a good image of the party before the people; whether or not party will propose shariah is another issue that will be talked about later.”[66]
Secondly, a conservative group comprises a small stream of PKS activists. They believe it is necessary to implement shariah immediately, once the opportunity arises, regardless of the response by most Muslims. They say that as long as shariah is an alternative and comprehensive system they must dare to apply it in Indonesia, regardless of the consequences. They maintain that since the application of secular laws introduced by the Dutch colonial regime in Indonesia did not consider broad social realities of the time, so the implementation of shariah should also not be dependent on the condition of the people. As long as the state is able and willing to implement it, the possibility will be there.[67] However, these radical views are not apparent within PKS, in particular within PKS representatives in the legislature. They are mostly heard from the section of Jemaah Tarbiyah not directly involved with current political issues.
In contrast to the supporters of partial Islamisation, this second group is more interested in bringing in Islamic laws first and other aspects later. They believe that the complete implementation of shariah will automatically bring the people into prosperity and justice - for religion itself promises such. Any partial application of shariah, however, will not give benefits but rather it will lead to further crisis. If ever the party should gain an electoral majority and is able to hold on to power, this faction will not hesitate to demand the complete implementation of shariah.
Yet the call for the immediate implementation of shariah has faced much resistance. Most PKS activists disagree with it because it is regarded as an obstacle for the party to survive in the future. To bring a change towards a more Islamic society and state, PKS prefers to rely on the gradual process that rests on a paradigm change within individuals.[68] Imposing shariah would be a counterproductive of cultural process and entail the risk of loosing political support from the grassroots whenever the party fails to comply with the people’s interests. All the political investment of PKS will be devalued and the chance to implement shariah slip far away, perhaps even be impossible.[69]
Most PKS activists agree that the moderate stance is the only practicable way to introduce shariah. This is congruent with the fundamental dakwah principles of Jemaah Tarbiyah. Dakwah itself is understood as a slow process but with an ultimate goal, “dakwah is an estafet, not a sprint - it has steps.”[70] Hilmi Aminuddin explains how PKS formulates its strategies in implementing shariah in Indonesia:[71]
First, practising shariah within the individual and the family. Before taking further steps towards having shariah observed by the government, this condition must really be met. The government will not have the power to regularise and ensure the practice of shariah unless the Muslim community voluntarily puts it into practice. The role of government is only to uphold practice and correct some deviations. Muslims’ own readiness to accept shariah as part of their legal system will be the guarantee of its survival.
Second, drafting and legalising laws based on shariah. Legislators are responsible for introducing Islamic laws into the national legal system. By no means all laws are to be based on shariah, in some case it only requires the effort to make sure the laws are not in contradiction with shariah, or that they do not violate it. The law itself does not have to be obviously Islamic.
Third, formalising shariah as the fundamental source of law. At this stage, an institution responsible for the carrying out of all Islamic laws must be formed. It must be able to carry out the responsibilities associated with shariah guidance. The government is expected to perform this function after being Islamised.
The support of PKS in the case of the Proposal of Pornography Regulations, Rancangan Undang-Undang Anti Pornografi dan Pornoaksi (RUU APP) is evidence on how PKS sees this proposal as an effort to make the laws in accordance with the spirit of Islamic law. However, so far there is no precedent to suggest that PKS is willing to follow the three strategies above since it has attempted to downplay the demand for the implementation of shariah during the 1999 and 2004 general elections and it seems that it will maintain the same attitude in the next elections. For the next two general elections at least, we will not see any significant change in the terms of the formalisation of shariah at the national level. This is because activists of PKS believe that such an aspiration only can be achieved through the total support of people in Indonesia.[72] They believe that at present there is no guarantee that the people in general or the mainstream Islamic organisations support it.[73]
The most feasible way open to PKS is by encouraging the formalisation of shariah at the district level, relying on the political opportunities of autonomous districts whenever popular voices at the grassroots level sound in favour of shariah. Thus strategically, PKS has not pushed for formalisation at the national level, but it has consistently worked to support the implementation of shariah at the district level. For instance, most activists of KPPSI in South Sulawesi are also activists of PKS and in favour of shariah.[74] The logic behind this strategy is that once the district governments are islamised, the central government will simply have to adjust its policies to these realities.
Nonetheless, the problem is that not all districts in Indonesia have the same aspiration for shariah. A notable exception is the Province of Aceh and some districts, such as Cianjur (West Java), Pamekasan (East Java), Bulukumba and Maros (South Sulawesi), Padang (West Sumatra), Riau and East Lombok (NTB) have implemented some aspects of shariah, varying from the obligation to wear Muslim dress on Fridays, up to the regulation of zakat and other charitable activities.[75] However, in these regions the district regulations (Peraturan Daerah, Perda) consisting of some aspects of shariah were not initiated by PKS but by Golkar. In the province of West Sumatra, which has been known as the stronghold of modernists, the people are far from the ideal of implementing shariah. One PK representative at the provincial level suggested
It is true that PK wants the practice of shariah to prevail in the West Sumatra but it is not an easy task to do it. The dakwah must be carried in gradual ways whilst we continue to struggle for the introduction of regulations that are closer to shariah, such as the head scarf for women and prohibiting immoral activities (perbuatan-perbuatan maksiat). However, the application of shariah considers the reality of the people and the stages of dakwah.[76]
Even though PKS has started to introduce its “new perspective” on shariah by emphasising its universal values, such as advancing justice and prosperity and fighting against corruption and injustice, PKS still faces challenges in implementing its agenda. These come not only from outside but also from internal factors, in particular the hypothetical question of when it gains real political power.
[57] Lecture presented by Hidayat Nurwahid in Jakarta, 13 June 2003
[58] Martin van Bruinessen, "Post-Suharto Muslim Engagements with Civil Society and Democracy,” in Indonesia in Transition: Rethinking ‘Civil Society’, ‘Religion’, and ‘Crisis’ (Yogyakarta: Pustaka Pelajar, 2004), 37-66.
[59] See Lubis, Yang Nyata dari PK Sejahtera, 4.
[60] Ibid., 8.
[61] See Anonym, “Panduan Pengambilan Kebijakan dalam Musyawarah Partai Keadilan,” (Majelis Jakarta: Pertimbangan Partai Keadilan, December 2000), 48.
[62] Interview with Irwan Prayitno, Jakarta, 14 June 2003.
[63] Interview with Rofi’ Munawar, Surabaya, 7 March 2003.
[64] One member of PKS even stated that for the time being the issue is not necessary. It will become the responsibility of the party to Islamise when it has gained the people’s attention. Interview, anonymous, Depok, 22 March 2003.
[65] Interview with Mahfudz Sidiq, Jakarta, 8 October 2003.
[66] Interview with Zulkieflimansyah, Canberra, 30 August 2004.
[67] Daud Rasyid, Indahnya Syari’at Islam (Jakarta: Usamah Press, 2003), 55.
[68] Interview with Mahfudz Sidiq, Jakarta, 8 October 2003.
[69] Ibid.
[70] Muhammad Sa’id, “Hatmiyah At Tarbiyah: Tarbiyah Suatu Kemestian”, in Tarbiyah Berkelanjutan (Jakarta: Pustaka Tarbiatuna, 2003), 50.
[71] PK- Sejahtera.org, 22 August 2002
[72] Ula, Perpektif Syariat Islam di Indonesia, 43.
[73] Ibid., 32-33.
[74] Interview with Suryadarma, Makasar, 17 September 2003.
[75] See “Syariat Islam yang Bagaimana,” Panjimas, 27 November – 12 December 2002. For details see also Gatra, 6 May 2006.
[76] Interview with Ahmad Shiddik, Padang, 19 June 2003