The Quran as Source of Law

Mohammad Hashim Kamali's 'Principles of Islamic Jurisprudence' is a rigorous academic engagement with the science of usul al-fiqh — the methodological foundation of Islamic law. Unlike the practical fiqh manuals that present rulings for daily application, usul al-fiqh is the theoretical discipline that explains how those rulings are derived, what evidence governs their derivation, and how conflicts between sources are resolved. Kamali's work represents one of the most systematic English-language treatments of this discipline available.

The Quran's status as the primary and supreme source of Islamic law is both a theological affirmation and a jurisprudential principle. As the direct word of Allah, it carries an authority that cannot be superseded by any other source — human reason, scholarly consensus, or even the hadith can supplement and explain the Quran but can never override its clear provisions. The question for usul al-fiqh is not the Quran's authority but its proper interpretation and application.

Kamali examines the classification of Quranic texts according to their linguistic character. A text may be qat'i ad-dalalah (definitive in its meaning) — clear, unambiguous, and admitting of only one reasonable interpretation — or dhanni ad-dalalah (speculative or probable in its meaning) — capable of more than one interpretation. The penalties for adultery and theft, the laws of inheritance, and the prohibition of riba are examples of qat'i texts where there is no room for alternative interpretation. Texts about the nature of worship, the broader objectives of justice and mercy, and many ethical commands are dhanni, allowing for varying interpretations by qualified scholars.

The Quran addresses law in two primary modes: through explicit textual rulings (ahkam sarihah) and through general principles (maqasid) from which specific rulings can be derived by scholars. The explicit rulings constitute a foundational legal framework. The general principles — justice ('adl), the prevention of harm (dar' al-mafsadah), the protection of life (hifz al-nafs), and others — enable the extension of Islamic law to address the limitless variety of situations that arise across time and cultures.

Kamali also addresses the important distinction between the Quranic verses revealed in Makkah (Makki) and those revealed in Madinah (Madani). Makki verses tend to focus on foundational theological matters — Tawhid, the afterlife, moral exhortation. Madani verses tend to contain specific legal rulings governing the affairs of the newly established Muslim community: prayer, fasting, zakah, marriage, divorce, inheritance, criminal law. This historical distinction matters for understanding the developmental logic of Quranic legislation and for interpreting later verses in light of earlier ones, particularly where the principle of abrogation (naskh) applies.