Sūrah Al-Qalam The Pen: Tafsīr al-Qurṭubī Qurʾānic Rulings and Law

DetailInformationClassificationSignificance

SurahAl-QalamMeccanCharacter, ethics, and the prohibition of slanderous speech

Key Fiqh IssueNamīmah (tale-bearing), lamz (mocking), hamz (defaming) distinct ḥarām speech categoriesAll ḥarām by consensusDistinctions matter for determining which specific prohibition applies

School ComparisonAll four schools: ḥarām; Shāfiʿī: most detailed taxonomy with six permitted exception categories; Ḥanafī: five permitted categories; Mālikī: adds ḥisbah context; Ḥanbalī: strict on restricting permitted exceptions to genuine needḤarām with need-based exceptionsExceptions prevent prohibition from blocking legitimate communication

Uṣūl PrincipleAl-ḍarūrah necessity permits what is otherwise prohibitedException mechanismPermits exception when genuine need overrides the prohibition

Al-Qurṭubī distinguishes three prohibited speech acts from this surah: namīmah (carrying tales between people to cause strife), lamz (mocking or ridiculing a person to their face), and hamz (defaming a person behind their back overlapping with ghaybah). He derives from verses 10-11 condemnation of the "worthless habitual swearer, scorner who goes about with malicious gossip" that these are major sins (kabāʾir) carrying spiritual and potentially legal consequences.

The critical fiqh distinction: namīmah is distinct from ghaybah ghaybah is speaking negatively about an absent person; namīmah is carrying information between parties to foment conflict, regardless of truth value. Namīmah is arguably more severe than ghaybah since it actively creates harm between parties. Al-Qurṭubī applies the ḍarūrah exception: when reporting namīmah-like information is necessary to prevent greater harm (warning someone of a plot against them), it becomes permitted and even obligatory the need overrides the prohibition.

وَلَا تُطِعْ كُلَّ حَلَّافٍ مَّهِينٍ هَمَّازٍ مَّشَّاءٍ بِنَمِيمٍ Wa-lā tuṭiʿ kulla ḥallāfin mahīnin hammāzin mashshāʾin bi-namīm Meaning: "Do not obey every worthless habitual swearer scorner, going about with gossip" Al-Qurṭubī: "mashshāʾin bi-namīm" (going about with gossip) namīmah as a habit (mashshāʾ) is more severe than occasional gossip; the habitual tale-bearer creates a pattern of community harm; al-Qurṭubī derives that systematic namīmah warrants a taʿzīr (discretionary) penalty.

وَإِن يَكَادُ الَّذِينَ كَفَرُوا لَيُزْلِقُونَكَ بِأَبْصَارِهِمْ Wa-in yakādu lladhīna kafarū la-yuzliqūnaka bi-abṣārihim Meaning: "The disbelievers almost trip you with their eyes [from envy]" Al-Qurṭubī: this verse establishes the Qurʾānic basis for the evil eye (ʿayn) as a real phenomenon; al-Qurṭubī derives from this the legal permissibility of seeking refuge (ruqyah) from the evil eye grounding the ruqyah discussions that appear in later surahs.

Namīmah (tale-bearing to cause strife) is ḥarām arguably more severe than ghaybah since it actively creates harm between people rather than merely injuring the absent person's reputation.
Lamz (mocking to a person's face) and hamz (defaming behind their back) are both ḥarām they cover the two dimensions of personal ridicule.
The ḍarūrah exception: reporting what would normally be namīmah to warn someone of a genuine threat to them is permitted and can become obligatory.
Habitual tale-bearing (mashshāʾin bi-namīm) can warrant taʿzīr (discretionary judicial punishment) when it creates systematic community harm.
The evil eye (ʿayn) is affirmed as real by al-Qurṭubī from this verse grounding the legal permissibility of Qurʾānic ruqyah (protective recitation) as a permitted act.

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