Sūrah Al-Qamar The Moon

القمر

Al-Qurṭubī uses this surah's stark punishments of earlier nations to examine the fiqh conditions for implementing ḥudūd (fixed punishments), particularly the role of doubt (shubhah) in preventing their application.

DetailInformationClassificationSignificance

SurahAl-QamarMeccanDivine punishment of denying nations

Key Fiqh IssueShubhah how doubt prevents ḥadd punishment implementationḤadd suspended by shubhahMost practically significant ḥudūd principle

School ComparisonḤanafī: broadest shubhah scope many ways doubt prevents ḥadd; Mālikī: narrow shubhah, ḥadd proceeds in clear cases; Shāfiʿī: moderate; Ḥanbalī: close to Mālikī on restricting shubhahVaries by schoolAffects how often ḥudūd are actually implemented

Uṣūl PrincipleIdraʾū l-ḥudūda bi-l-shubuhāt prophetic maxim suspending ḥudūd by doubtPrecautionary ruleCreates presumption toward leniency in punishment

Al-Qurṭubī derives from the severe punishments of Nūḥ's and ʿĀd's peoples that divine punishment is precise and certain establishing the analogy that human ḥudūd must likewise be certain before application. The prophetic maxim "ward off ḥudūd by means of doubts" (idraʾū l-ḥudūda bi-l-shubuhāt) is the operative legal principle, and al-Qurṭubī documents the school disagreements on what constitutes a shubhah (doubt).

The Ḥanafī school has the broadest shubhah doctrine: joint ownership of property reduces theft ḥadd (a co-owner cannot be executed for stealing from jointly owned property); marriage to a woman later proven invalid can reduce zinā ḥadd; even ignorance of prohibition can create shubhah in some cases. The Mālikī school narrows shubhah significantly clear cases proceed even with minor procedural irregularities. Al-Qurṭubī concludes that the prophetic maxim is established but its scope is an area of legitimate ijtihād.

وَلَقَدْ يَسَّرْنَا الْقُرْآنَ لِلذِّكْرِ فَهَلْ مِن مُّدَّكِرٍ Wa-laqad yassarnā l-Qurʾāna li-l-dhikri fa-hal min muddakir Meaning: "And We have certainly made the Qurʾān easy for remembrance so is there anyone who will remember?" Al-Qurṭubī: the ease of the Qurʾān for remembrance extends to its legal content; the laws derived from it should be applied with clarity and accessible understanding this grounds the shubhah principle: unclear applications are not clear applications.

فَكَيْفَ كَانَ عَذَابِي وَنُذُرِ Fa-kayfa kāna ʿadhābī wa-nudhur Meaning: "So how [terrible] was My punishment and warning!" Al-Qurṭubī: divine punishment is certain, complete, and proportional the model for human ḥadd punishments which must also be certain and complete before application; uncertain evidence for certain punishment is legally impermissible.

Shubhah (doubt) prevents ḥadd punishment the prophetic maxim "idraʾū l-ḥudūda bi-l-shubuhāt" is accepted by all four schools as a legal principle.
Ḥanafī shubhah is broadest: joint ownership, invalid marriage, ignorance of prohibition many circumstances can create doubt preventing ḥadd.
Mālikī shubhah is narrowest: clear factual evidence proceeds; procedural doubt in a clear case does not suspend ḥadd.
Shubhah applies only to ḥudūd (fixed punishments) it does not suspend taʿzīr (discretionary punishment) which the judge applies based on maṣlaḥah.
The certainty requirement for ḥadd application ensures that Islamic punishments function as deterrents grounded in absolute proof, not as regularly applied sanctions.

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