Mahfud MD: “Difference Is Natural (Fitrah)”
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Left to right: Zainun Kamal (Lecturer of UIN Jakarta), Moh. Mahfud MD (Chief Justice of the Constitutional Court), Muhammad Wahyuni Nafis (NCMS Chairperson), Djohan Effendi (Ex General Chairperson of ICRP) during a seminar organized by the Nurcholis Masdjid Society (30/9/10) in Jakarta.


Jakarta, MKOnline – Fitrah is the origin of creation, the character. Therefore, when talking about the character of living as a state, we must know the true character of the state, from what elements and for what purpose it has been established.

This was conveyed by the Chief Justice of the Constitutional Court (The Court) Moh. Mahfud MD when he became a resource person in a discussion titled “Menghidupkan Kembali Fitrah Bernegara or Relieving the Character of State Life” organized by Nurcholish Madjid Society (NCMS) on Thursday (30/9) evening Graha Bestari Sri, Ampera Raya, Jakarta.

Also present were three other resource persons namely the Lecturer of UIN Jakarta Zainun Kamal, Former General Chairperson of ICRP Dr. Djohan Efendi, as well as Member of the Founding Board of NCMS Yudi Latif.

In his explanation, Mahfud conveyed that the thoughts of Cak Nur (nickname of Nurcholish Madjid-editor) on inclusiveness of Islam still had to be continuously contemplated and implemented in daily life. He affirmed the importance of giving respect to differences in living as a nation and state.“We live as a state in diversity but also in unity,” he conveyed. “It is necessary to live comfortably with other people in a situation of difference. Difference is a natural character,” he continued.

Therefore, in living as a nation and a state, it is necessary to have principles as the guidelines. According to Mahfud, there are at least four principles which can be made as the guidelines; First, in this united and unitary state, the state – in this case the government – shall not make policies which potentially divide or destroy the ideology or territory. “There shall not be any policy which is allowed to deviate from the ideology” he asserted.

Second, it is necessary to keep the balance between democracy and nomocracy namely that the implementation of democracy which ‘glorifies’ the people must be limited by law (nomocracy). “Therefore, what is democratically wrong must be circumvented by something nomocratic, because democracy is the product of the interests which are far from ideal,” he described.

Subsequently, continued Mahfud, the third principle is that all policies must lead to the enforcement of justice. Meanwhile, the fourth principle is the development of interfaith tolerance. “Civilized interfaith tolerance,” said Mahfud quoting what Bung Karno once said.

Muhamad Wahyuni Nafis, Chairperson of NCMS who also acted as the moderator that evening said that the program was held for the purpose of halal bihalal gathering and commemoration of Nurcholish Madjid. In the program enlivened with poetry musicalization, also present was the wife of the late Cak Nur, Omi Komaria Madjid, actor Ray Sahetapy as well as several members of Titik Temu community. (Dodi/Koen)


Friday, October 01, 2010 | 10:53 WIB 692