Some Muslims (islamists) today think that establishing a Caliphate is the sixth pillar of Islam. After a thorough reading of the Quran and research into some Hadiths, there doesn’t seem to be anything relating to a Caliphate.

For example, in Abu Dawud 4646, The Prophet (ﷺ) said: The Caliphate of Prophecy will last THIRTY YEARS; then Allah will give the Kingdom of His Kingdom to anyone HE WILLS.

The Prophet (SAW) said also that the only Caliphates will be the 4 after his death, and after that is kingship.

The Quran mentions that those who do not judge by what Allah had revealed are the disbelievers (5:44). Quranic exegetes like Ibn Abbas said this refers to minor kufr.

Verses like 2:30 mention a “khalifah” but it is in reference to humans, who Allah says will rule the Earth. No mention of a political caliphate, just mention of humans being the rulers of the planet which is true.

Frankly, there are only a few things that fall into judging by what the Quran has revealed, which only include some of the punishments for adultery, theft, murder, terrorism, etc, not full on state shariah law.

As for whenever the Quran mentions Sharia, it only does so in one verse (45:18) where it says: “Then we put you on a clear path (Sharia); so follow it and do not follow the ego of those who do not know.”

Nothing about Sharia or Islamic rulings being implemented as state law or whatever.

Scholars like Ali Benmakhlouf and Bernard Weiss (analyzing Ibn Taymiyyah and Ibn al-Qayyim) note that classical jurists viewed Shariah flexibly:

“Shariah was seen as a spiritual source… not a fixed code… no single book of laws.”

Ibn Abidin, the great Hanafi jurist also writes:

“Many rules change with the change of time… jurists should not rigidly adhere to classical books… else harm outweighs benefit.”

So, that brings me to my question. Where exactly does this concept of Sharia as state law come from?

  • The Hadiths mention that the only Caliphates will be the ones after Muhammad (SAW) death and after that, it will only be whatever system of government the kings choose (by the will of Allah)

  • The Quran only says to base legal judgment on what Allah had revealed, not literally make Islam the state law.

  • The Quran ONLY mentions Sharia as a personal thing

  • Classical scholars had nuanced views, and even the proto-Salafi Takfiri Ibn Taymiyya said that there is not a single version of what can be counted as Sharia