Sūrah Quraysh Quraysh: Tafsīr al-Qurṭubī Qurʾānic Rulings and Law

DetailInformationClassificationSignificance

SurahQurayshMeccanQuraysh's commercial journeys and the divine favor enabling them

Key Fiqh IssueSalam (forward sale) and gharar regulating trade under uncertaintySalam permitted with conditions / Gharar ḥarāmGoverns modern futures contracts and advance payment sales

School ComparisonAll four schools: salam valid with conditions (price paid upfront, commodity specified, time set); gharar ḥarām; Ḥanafī: less strict on minor gharar; Shāfiʿī: strict on minimal gharar; Mālikī/Ḥanbalī: middle positionsPermitted with conditionsSalam is the primary Islamic mechanism for forward trade

Uṣūl PrincipleḤifẓ al-māl preservation of wealth as a maqṣad; regulating commerce prevents exploitationCore maqṣadIslamic commercial law's primary purpose is protection of both parties

Al-Qurṭubī derives from verses 1-2 the Quraysh's winter (Yemen) and summer (Syria) trade journeys the Islamic context of commercial regulation. These long-distance trade journeys required forward contracts and advance payment arrangements the very instruments that Islamic law regulates through the salam contract. He maps the salam conditions: payment must be immediate and full (the price paid upfront), the commodity must be precisely specified (type, quality, quantity), and the delivery time must be specified.

The prohibition of gharar (excessive uncertainty) is the negative counterpart: contracts with major unknown elements are ḥarām because they potentially allow exploitation of one party. The Ḥanafī school is most tolerant of minor gharar (small incidental uncertainty does not void a contract); the Shāfiʿī school is strictest (even minor gharar voids). Al-Qurṭubī applies the ḥifẓ al-māl maqṣad: Islamic commercial law regulates forward trade not to prevent commerce but to ensure both parties are protected from exploitation and that contracts are clear enough to be enforced.

لِإِيلَافِ قُرَيْشٍ إِيلَافِهِمْ رِحْلَةَ الشِّتَاءِ وَالصَّيْفِ Li-īlāfi qurayshin īlāfihim riḥlata l-shitāʾi wa-l-ṣayf Meaning: "For the accustoming of the Quraysh their accustoming the journey of winter and summer" Al-Qurṭubī: the commercial journeys required advance supply contracts salam arrangements to guarantee goods at destination; al-Qurṭubī derives that long-distance trade inherently requires Islamic-regulated forward contracts rather than spot transactions.

فَلْيَعْبُدُوا رَبَّ هَٰذَا الْبَيْتِ Fa-l-yaʿbudū rabba hādhā l-bayt Meaning: "So let them worship the Lord of this House" Al-Qurṭubī: the divine instruction following the commercial blessing establishes that trade and worship are integrated in Islamic life; commerce enables worship (feeding and housing the community); worship is the purpose that commerce serves; Islamic commercial law accordingly protects both the commercial and worship dimensions.

Salam (forward sale) is valid with conditions: full price upfront, precise commodity specification, fixed delivery time all four schools accept salam with these conditions.
Gharar (excessive uncertainty) is ḥarām in commercial contracts unknown major elements allow exploitation; Islamic contracts must be clear enough for both parties to know their obligations.
Ḥanafī tolerance for minor gharar: incidental, unavoidable uncertainty does not void a contract practical commercial reality accepted.
Shāfiʿī strict position: even minor gharar can void the most rigorous position ensures maximum clarity in commercial dealings.
Commerce and worship are integrated in the Islamic framework commercial law serves the higher purpose of ḥifẓ al-māl (preserving wealth) which enables the community to fulfill its worship and social obligations.

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