Debates keep resurfacing over a familiar question: does a state built on a constitution—what we now call constitutionalism—stand at odds with the Qur’an? At the far end of the spectrum, some go so far as to claim that if a state is not formally grounded in the Qur’an, it slips into the category of a kafir or even thogut state. But is that really the case? And more importantly, what kind of guidance does Islam itself offer when it comes to governing a society?
Maqasid al-Shari’ah
The Islam brought by the Prophet Muhammad (peace be upon him) speaks to life in its entirety. It doesn’t hover above human reality; it moves within it. At its core lies the concept of maqasid al-shari’ah—the higher objectives of the law. These revolve around safeguarding five essential pillars: religion, life, intellect, lineage, and property. Strip any of these away, and human existence loses its grounding.
Yet these five pillars don’t stand on their own. They need a structure, a canopy—something that holds them up and keeps them intact. That structure is the state. In other words, the realization of Shari’ah presupposes the existence of a functioning political order. A strong and stable government doesn’t merely administer rules; it preserves the very conditions that allow those principles to thrive. Without it, things unravel quickly. History offers a clear example: in the early days of Islam, when Muslims lacked sovereignty and lived under the dominance of the Quraysh in Mecca, the enforcement of these principles was severely constrained.
At that time, the Muslim community faced relentless pressure—socially, politically, even physically. Many endured persecution, some brutally so, largely because they occupied a vulnerable minority position. Power rested firmly in the hands of the Quraysh, and it showed. Eventually, a divine command set the course for a turning point: migration. The hijrah was not just a physical move; it was a shift toward autonomy.