Much has been said about the establishment of an Islamic state recently, almost all by politicians. What is an Islamic state? Some people make the distinction that Madinah was the first Islamic state. Is an Islamic state a state like the modern nation state, of which Malaysia is an example?

An Islamic state is unique because it is established on the precepts of an ideology and built upon these foundations.

This is different and in stark contrast to the notion of a nation state, which is based and built upon geographical and race sovereignty/supremacy. This was the case in America when the 'whites' exterminated the indigenous native Americans and also the case in Australia and even in Bosnia, in recent times.

One would argue that a nation state is an oxymoron, since the word 'state' suggests universality, but the word 'nation' is a more exclusive connotation.

Since an Islamic state is based on an ideology, we can assume that it has a more universal appeal and can be applied at any place, and at any time.

Thus an Islamic state is based on basic values of humanity as enshrined in the Quran and the sayings (sunnah) of the Prophet of Islam. One may choose his or her ideology, and by extension his or her state, rather than just being born into it, as is the case with a nation state. Therefore, one may argue that an Islamic state is in accord with the basic precepts of humanity, of a sense of belonging, a belonging based on conviction which is not necessarily a birthright.

Society in an Islamic state has always been pluralistic in nature. From the time of the Prophet in Madinah to the end of the last Islamic state, the Ottoman empire, there were Muslims and non-Muslims living and trading together without any problems. So what is the big fuss these days, with the Islamic state being looked upon as a 'threat'? Muslims or Islamists see it as a great obligation to implement God's law on Earth and non-Muslims see it as another way Muslims (or Malays) can and may use to subdue and reduce them to so-called second-class citizens.

What seems to be the problem? Perhaps part of the problem is that society, both Muslims and non-Muslims, seem to think of the law as something rigid and written down, something to be afraid of. This is not the concept of the Islamic law or state.

Everything we know about Islamic law is based on the Quran and the Sunnah as understood by the scholars of Islam. As such the principles of Islamic law and an Islamic state may be invariable throughout time, but the specifics may be different. This is the reason why Islamic law is not codified, as is the case with modern western law. This gives Islamic law a great degree of flexibility, unlike western law.

Thus although stealing is wrong in principle, it may be excusable under certain circumstances, depending on the individual and environment. A person stealing bread due to poverty and hunger may be excused of his crime, if that is a crime. The person making this distinction is often the Qadi or judge in an Islamic state, and his decision may not be binding on other judges. This is because different judges may view the law in different ways, and therefore each judgment is on a case by case basis.

This was the basis of the four major schools of Islamic Jurisprudence.

However, non-Muslims may decide that they may not want to be governed under the Islamic state by an Islamic law. Another misconception arising from the western nation-state system is the supremacy of the law, i.e. one law above all others. However, in an Islamic state, different sets of laws may be applied on different people. This was the case in the Egyptian Islamic state where there were Muslim, Christian and Jewish courts administrating different sets of laws for different sets of people.

However, sometimes, a quick look at the situation of Muslims worldwide makes one wonder if we are ready for an Islamic state. Islamic state is based on the concept of rahmah (mercy), hikmah (wisdom), and adil (justice). Some Muslims seem to be lacking in all these aspects, although these concepts are from the tenets of Islam.

The word Syariah, which some people wrongly translate as Islamic law, was revealed in Makkah, long before the establishment of the Islamic state. God revealed this word and the concept at a time when the Prophet and his followers were nowhere near or even thinking of establishing an Islamic state.

The Syariah has to be imbedded in the hearts of the Muslims before they can be administered on other people. The overshadowing concept of the Syariah is mercy and justice to all mankind. Unless Muslims can be living examples of these concepts, then establishing an Islamic state cannot and will not have the desired effect.

All good thing will happen in due time, and all good thing are given, by God, to those who deserve them. For the moment, we have to do what needs to be done. And that is the principle of jihad, or struggle for justice.

Civil society needs to take the lead - we have to start talking to each other and organise dialogues. We cannot leave this to the politicians. Indeed, this is too important to leave to the politicians. Remember - politicians don't lead, they follow. They follow public opinion. And we are the public opinion.

Some politicians have failed in so far as that they have not clarified the concepts of an Islamic state, and others have failed because they seem to reject outright any negotiations on the subject.

I have also failed, in that I have not given the whole picture of an Islamic state, but to do that one may need volumes of books to be written on the subject.