PRINSIP SYŪRĀ DALAM AL-QUR’AN DAN HADIS SERTA PENERAPANNYA DALAM SISTEM NEGARA MODERN (SUATU ANALISIS SIYĀSAH SYAR’IYAH)

AbstractThis study examines the principle of shura and its application within modern state governance systems. Rooted in Islamic Sharia, shura is often compared with modern governance frameworks such as democracy, particularly in countries like Indonesia. To address this, shura is first analyzed through its primary sources—the Qur'an and Hadith—along with scholarly interpretations and understandings. The discussion then contextualizes the principle of shura using the methodology of maqasid al-shari'ah, an effective approach to evaluating shura as a viable solution for national governance. In this context, shura, often represented by the concept of ahl al-hall wal-aqd in al-siyasāh dusturiyah, aligns both in essence and application with consultative institutions within modern systems, such as trias politica. Specifically, the trias politica popularized by Montesquieu divides the functions of the majlis al-shura into three branches: legislative power, executive or administrative power, and judicial power. Ultimately, the paper argues that the universal values of shura remain intact despite transformations in its form, name, and implementing institutions. Keywords: Shura; maqasid al-shari'ah; ahl al-hall wal-aqd, democracy.