Sūrah Al-Ḥujurāt The Rooms
الحجرات
Al-Qurṭubī provides the most detailed Qurʾānic-fiqh analysis of ghaybah (backbiting) from verse 12, establishing its ḥarām status, precise definition, and the six school-recognized exceptions to its prohibition.
Al-Qurṭubī provides the classical definition of ghaybah from prophetic tradition: "mentioning your brother with what he would dislike if he heard it." He notes that all four schools classify ghaybah as ḥarām a major sin and that truth is not a defense: mentioning a true negative about an absent person is precisely what ghaybah means. A false negative is qadhf (slander), which carries its own ḥadd implications.
The most practically significant fiqh contribution al-Qurṭubī derives from this surah is the taxonomy of permitted speech that resembles ghaybah but is legally permissible due to genuine need. The Shāfiʿī school (following Imām al-Nawawī's codification) lists six categories: (1) to a judge for relief, (2) to prevent harm to others (taḥdhīr), (3) requesting fatwā about a specific person's conduct, (4) warning against a known wrongdoer to prevent harm, (5) identifying a person by their known characteristics if no other identification is possible, (6) mentioning publicly known sinners regarding their public sin. Al-Qurṭubī affirms these categories and adds that genuine need (ḥājah) is the operative standard.
- Ghaybah (backbiting) is ḥarām by unanimous four-school consensus; defined as mentioning a true negative about an absent person who would dislike it.
- A false negative is qadhf (slander) a separate and potentially ḥadd-level offence beyond ghaybah.
- Six legitimate exceptions (Shāfiʿī/Nawawī taxonomy): judicial complaint, preventing harm, requesting fatwā, warning community, identification by known characteristic, mentioning a public sinner's public sin.
- Tabayyun (verification) before acting on reports is a legal obligation court proceedings, fatwā, and community decisions cannot be based on unverified information.
- Al-Qurṭubī derives from the "brotherhood" language that ghaybah is a violation of Muslim social solidarity (ukhuwwah) its harm is both spiritual and communal.