The important issue regarding the implementation of shariah is PKS’ stance if the party gains majority support. Will it immediately impose shariah or remain committed to its gradualist approach? As long as there are no political obstructions, such as military or government intervention, to impede the achievements of PKS, most activists believe their ideal for promoting shariah will still be valid. PKS has felt compelled to be committed toward democracy since it believes that democracy guarantees its existence.^[77]

Many Muslims and non-Muslims in Indonesia have not been able to obtain a clear picture of the PKS position on the application of shariah. Even though the issue has been discussed within PKS circles and in its publications, it has not been conveyed explicitly in its political platforms. Discourse on formalisation, including the idea of a “shariah-led prosperity” is conveyed in interviews or written about selectively in party training manuals. As a result, there is confusion among Muslims themselves towards PKS. For liberal Muslims, PKS is embedded in a fundamentalist image because of its links with the Muslim Brothers of Egypt, its source of inspiration and model of organization. PKS is accused of having a hidden agenda, pretending to be an open and pluralistic party while adhering to fundamentalist ideas, including the establishment of an “Islamic state.”^[78] In contrast, Muslim hard liners in Indonesia criticize PKS for not being serious in promoting the implementation of shariah, even accusing its activists of lacking the courage to uphold the struggle for shariah. According to this group, PKS plays no more than a pragmatic role at every political moment.

This ambivalent image of PKS indicates a lack of preparation by the party in responding to religious ideals and socio-political realities in Indonesia. The discourse has never been aired comprehensively or elaborated within the party. It is understandable that the question of shariah is not an attractive one in political campaigns, but the failure to take sides on this issue will have its impact in the loss of support in popular votes. Imposing shariah for the sake of religious commitment to the Indonesian people who are mostly far from a perceived proper understanding of shariah will result in tensions, even chaos in society, since the party has not properly informed the public on the issue.

The head of Politics and Defence Department of the Central Board of PKS, Untung Wahono, issued a clarification (bayan) regarding the ambiguity of the party towards shariah. However, this clarification was not in the official form issued by the party, it was instead “partly formal” for the purpose of guidance to the activists and not a political statement by the party itself.^[79] Wahono stated that “it is strange for our party which, since the beginning, proclaimed its Islamic ideology, that it should be accused of rejecting the implementation of shariah. This allegation must be wrong, and if we take the issue seriously, it has been merely based on the Piagam Jakarta matter, which PKS did not support.”^[80]

As long as the more moderate elements of Jemaah Tarbiyah activists occupy the central leadership of PKS, the demand to implement shariah will be managed in such ways that enable them to consider the needs of Indonesian people. The people become the main factor in dealing with the formalisation of shariah. When the majority of people are willing to be ruled by shariah, the party will simply follow their demands. The presence of campus activists in great numbers in the party has been significant in directing it into more accommodative and realistic ways in negotiating their demands. As was suggested by Mahfudz Sidiq, who was in charge of PKS recruitments and caderisation from 1999 to 2004, “PKS wants to struggle for Islam through politics as a complement to the cultural approach in order to build a strong political basis in the grassroots level.”^[7581

The problem is that some activists of PKS assume that their achievement in politics is solely a reflection of their success in education at the grassroots level, mainly evident in an increase in membership. The education (tarbiyah) given by PKS activists that aims to enlighten Indonesian Muslims about the meaning of shariah will be important for the party to ensure its implementation. Nonetheless, the success of PKS in politics is not always accompanied by success in caderisation. Besides getting support from regions where numbers of Jemaah Tarbiyah’s activists are dominant, PKS also has an impressive achievement in the areas where Islamic communities are not most numerous.^[82] For instance, in the urban areas such as Jakarta, Tangerang, Bekasi, Depok and Cibinong PKS won the 2004 general elections. These are areas mostly inhabited by the lower middle class who are not necessarily religious in character – and yet these areas have become strongholds of PKS.

Even if PKS were involved in sharing power within an existing government and had the chance to formalise Islamic law, it is unlikely that it would immediately take the opportunity. PKS activists believe that the implementation of shariah is not only determined by legislative and popular support but must also involve the approval of other parties and executives, including the military.^[83] The experience of an Islamic party in Algeria, the Islamic Salvation Front (FIS) that won the elections in 1990 but saw its triumph immediately aborted by the army has become a valuable lesson for PKS. PKS activists always try to ensure that their political moves will not tempt non-democratic powers to interrupt the political process.^[84]

Despite the issue of ways to implement shariah, another important issue that will become a challenge for PKS is the sensitive aspects of the Islamic criminal laws, such as the punishments of the amputation of limbs, stoning and lashing. These are the areas which concern and worry many Indonesian Islamic scholars. PKS has shown a reluctance to deal with these particular issues. In fact, if we consider the doctrine of Jemaah Tarbiyah and its attempts to practise a total Islam, the signs are that the party will be willing to apply all of the laws prescribed in the Qur’an and Hadith, these two being the bases and sources of the Islamic legal system. But if we consider the composition of the elites currently holding high positions in PKS leadership, we will find another possibility.

In order to strike a compromise between the ideal of implementing shariah and responding to political and social realities in Indonesia, PKS has tried to keep a balance between its Islamism and flexibility. Shariah is to be the main inspiration for Indonesia national laws while local customs and Western laws are still accommodated.^[85] To eliminate possible resistance from parts of Indonesian society, PKS has set aside its discussion on sensitive issues, such as the hudud laws. Neither Muhammadiyah nor NU supports the idea of formalising shariah.^[86] Nonetheless, the problem is not merely caused by such resistance alone but it is also related to the party which is not fully prepared to discuss the issue at academic, theoretical or practical levels.^[87]

At least in the short term, the implementation of the harsh punishments of hudud is not priority. Even if PKS institutes the Islamic criminal laws, they will try to avoid them in practice, in order to retain sympathy from the wider international community. Usually, these laws will be set up as “maximum” laws, while other alternatives that are not in conflict with them will be provided. For instance, instead of exacting the punishment of hand amputation, education and rehabilitation for the criminal will be preferred. Thieves will not be immediately charged, but rather they will be conditioned against their criminal activities. Only if they continue to re-offend will they face the maximum punishments of hudud. The precedent for this practice was applied by the great companion of the prophet, Umar ibn al-Khattab (634-644) when the criminal laws were not observed because of economic disasters during the term of his caliphate.^[88]

So PKS has attempted to promote shariah from its own stand point. It will start by empowering people with prosperity and welfare and will subsequently introduce the Islamic laws. However, up to now some cadres of PKS who hold high governmental positions in certain districts have not demonstrated progress, although Nurmahmudi Ismail, a former President of PK who was elected mayor in the district of Depok, West Java has struggled to manage the district and to bring economic progress. It seems that PKS is not yet prepared to play the game at the expense of its success. It has been well aware that it cannot impose shariah when the people’s interests are focused on the economy. The key issue is not simply that PKS needs the back-up of political power, but that there is an economic dimension as well. Any success in implementing shariah will be dependent on success in accelerating the economic growth of Indonesia and its people

Another crucial aspect in the implementation of shariah that needs to be addressed seriously is the party’s position on the issue of pluralism. Pluralism is understood as an acceptance of the fact that Indonesian society contains a variety of religious affiliations. What will be the party’s commitment towards the non-Muslim communities if they gain power?

Some observers worry about the possibility of PKS imposing their religious beliefs on others,^[90] or if persuasion that claims Islam as the only true religion will prevent the party from accommodating non-Muslim groups in government. Furthermore, this attitude will lead to the inability of the party to share power with others in Indonesia, wherever power distribution is most likely to take place. Experience has shown that a lack of the preparation of political Islam in certain Islamic countries to respond to such issues has created great problems. Clashes occur not only between different religious professions, but also among Muslims who follow different schools and sects. How will PKS deal with this crucial question?

It seems that PKS has anticipated the issue by implementing the concept of musharakah. The term musharakah means “participation” and co-operation is a major concern among most of the activists of Jemaah Tarbiyah. The term indicates the need to make coalition in order to form government. However, not all members of Jemaah Tarbiyah are able to acknowledge the reality of diverse communities in Indonesia. PKS has attempted to steer its course carefully in order to satisfy the needs of Indonesian people on one hand and the religious demands of its cadres on the other.

PKS has been able to overcome theological issues regarding political participation within a non-Islamic system through the concept of musharakah, yet it needs to engage further with the political and social realities of Indonesia. The involvement of Islamic movements in an un-Islamic system is justified on grounds of the mission to reform the system from within, or at least in order to prevent further deterioration by the regime. The Qur’anic story of Joseph is well known among PKS activists as justification that political participation in a tyrant’s regime is permitted if its aim is to bring a change for the better.^[91] The story tells how Joseph nominated himself for appointment as treasurer in the infidel kingdom of Egypt. The Qur’an states

Referring to this story, Abdi Sumaithi, a PKS representative in parliament (2004-2005) and a prominent leader of Jemaah Tarbiyah argues that the decision of a religious movement to take part in politics is essential in order to conceptualise and exercise the fundamental freedoms of people.^[93] Basic freedoms that must be protected are religious, individual and organisational. Diversity and the plurality of the people are natural realities that must be kept in mind by all activists of religious movements. Each individual and group must be allowed to express its own character and to participate in the political process without restriction. Abdi Sumaith further elaborates upon the commitment to protect the freedom of religion

In line with the concept of musharakah, the party also reserves the right to enter into coalition with other political parties, regardless of their religious background. However, similarity of ideology becomes a priority in forming such a coalition, above the question of making alliances based on strategic and tactical considerations. In practice, in coalition it is not always necessary to give priority to parties with Islamic platforms; sometimes PKS prefers to form coalition in local districts with secular parties.^[96] In Boyolali, Central Java PKS made a coalition with a Christian party, The Prosperous Peace Party, Partai Damai Sejahtera (PDS).^[95] Hilmi Aminuddin, the chairman of the consultative assembly (Majelis Syura) of PKS, says that the new paradigm of PKS enables its activists to form coalition with any broader elements of Indonesian society. He further stated

Acknowledging the reality of Indonesian pluralism is unquestionable. For PKS, whenever it enters democratic system, it automatically has to respect this pluralism.^[98] Nonetheless, even though the issue has been solved at the structural level of the party, not all cadres of Jemaah Tarbiyah can easily follow this new paradigm. Some of them, even though a small portion, still envision the idea of an Islamic system and the immediate application of shariah. This is a real challenge for PKS and the notion of the implementation of shariah based on prosperity still needs to be negotiated among PKS members and with other parties in Indonesia. In fact, as was acknowledged by Tifatul Sembiring, the president of PKS (2005-2010) the implementation of shariah must be pursued through democratic means and needs to be negotiated with others.^[99] In responding to the issue of the implementation of shariah in some regions he said: “Kalau terlalu berat, tawarlah. Jangan anarkhis dan jangan terjadi penyesatan pemahaman” (“If it is too difficult, strike a bargain. Do not be anarchic and let there be no misunderstandings”).^[100]