The Establishment of an Islamic State from Fiqh Siyasah Perspective: A Normative Study of the Quran

Abstrak

This study examined the concept, legal framework, and normative foundations of establishing an Islamic state from the perspective of Islamic law by referring to the Quran, Hadith, fiqh siyasah, and the views of classical and contemporary scholars. The research was motivated by ongoing debates concerning the relationship between Islam and the state, particularly the demands of certain Muslim groups for the establishment of an Islamic state or khilafah within the context of the modern nation-state. The study employed a normative-qualitative method through library research, utilizing thematic Quranic interpretation, Hadith analysis, and a comparative review of the political thoughts of al-Mawardi, al-Ghazali, Ibn Taymiyyah, al-Maududi, and an-Nabhani. The findings indicated that the Quran and Hadith did not prescribe a specific form of state but emphasized fundamental principles of governance, including justice (al-‘adl), consultation (al-shura), trustworthiness (amanah), equality, law enforcement, and public welfare (maslahah). From the perspective of Islamic law, the establishment of a state was regarded as a collective obligation (fardhu kifayah) to ensure the implementation of amar ma‘ruf nahi munkar and the realization of Islamic legal objectives. The Islamic state was understood as a political institution aimed at upholding the maqasid al-sharia, rather than merely representing a formal religious authority. Moreover, the establishment of any state, including an Islamic state, was required to fulfill constitutive and declarative elements recognized in constitutional law, such as population, territory, sovereignty, constitution, and international recognition.