1. Ancient Asia, characteristic: theocracy (base on absolute religion) and absolute.
2. Old-Greek, characteristic: city state and direct democracy.
3. Ancient Rome, characteristic: the existence of kingdom.
4. Middle Ages, characteristic: dualism, feudalism, theocracy/secularism.
5. Modern state, characteristic: democratic state, consitutional state and unitary state.
Legal context of theory of state can be seen upon relationship between government and the people.
a.) Policy state (positive and negative).
b.) Constitutional state (liberal legal state, formal and material legal state).
c.) welfare state.
From of state can be seen into two perspective: sociology thought and legal thought Sociology thought refer to from of state in which it consist of three mainstream: first mainstream (a three party classification), second mainstream (a biparty classification) and third mainstream (point of view from scholars). Meanwhile legal thought refer to the form of government.
Composition of state can be divided into six categories:
1.) Unitary state: centralization, decentralization, deconcentration and medebewind.
2.) Federal state.
3.) Confederal state.
4.) Commonwealth.
5.) Uni.
6.) United Nation.
Differences between Unitary state and Federal state:
- Unitary state is a state whose three organs of state are governed constitutionally as one single unit, with one constitutionally created legislature. The politic power of government in each states may well be transferred to lower levels such as regionally or locally elected assemblies, governors and majors, but the central government retains the principal right to recall such delegated power.
- Federal state is a union comprising a number of partially self-governing states or regions united by a central government. The self-governing status of the component states is typically constitutionally entrenched and may not be altered by a unilateral decision of central government.
Theory of state from Islamic perspective
There are three mainstreams regarding the relationship between Islam and state:
1. Islam is a perfect and complete thought to all human life. Islam also consists of politics, therefore Islam has not imitate the theory from the western. The model of state is the state under the prophet and the 4 khalifas.
2. Islam is a mainstream with no relationship to politics. The prophet was not have the aim to form or to be the head of state.
3. Islam is not a perfect and complete thought, but in Islam there is a relationship to politics.
The Constitution of Medina was the first constitution use in this world, which is consist of 47 articles. It is also consider as a cornerstone of the Islamic state in which the cornerstone would have the basic of pluralistic population in Medina.
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