Sūrah Al-Qiyāmah The Resurrection
القيامة
Al-Qurṭubī derives from this surah's accountability themes the fiqh principles governing ʿamd vs. khaṭaʾ (intentional vs. accidental acts) and their different legal consequences in Islamic liability law.
Al-Qurṭubī derives from verse 13 "on that day man will be informed of what he sent ahead and what he held back" that the divine accounting distinguishes between what was done deliberately and what happened accidentally. He maps this to the Islamic legal framework of liability: ʿamd (deliberate act) carries full liability; khaṭaʾ (accident) carries reduced liability (typically compensatory, not punitive); shibh al-ʿamd (quasi-deliberate intentional act with unintended severe consequence) occupies a middle position.
The three-tier framework applies most clearly to homicide: ʿamd (intentional killing) permits qiṣāṣ (retaliation) or diyah (blood money); khaṭaʾ (accidental killing) requires diyah from the ʿāqilah (extended family group, not the killer alone) and kaffārah; shibh al-ʿamd (recognized by Ḥanafī, Shāfiʿī, Ḥanbalī but not Mālikī) requires heavier diyah (mughallazah) without qiṣāṣ. Al-Qurṭubī uses this accountability passage to reinforce that intention is a legally operative fact not just a spiritual consideration.
- ʿAmd (intentional act): full liability qiṣāṣ (retaliation), full diyah, or ḥadd depending on the offence type.
- Khaṭaʾ (accidental act): reduced liability compensatory diyah paid by the ʿāqilah (extended family), kaffārah, no punitive element.
- Shibh al-ʿamd (quasi-intentional Ḥanafī, Shāfiʿī, Ḥanbalī): heavy diyah (mughallazah) on the killer, no qiṣāṣ; Mālikī does not recognize this middle category.
- Intention is legally operative "qaddama" (sent ahead deliberately) in divine accounting mirrors the legal framework where deliberate acts carry full consequences.
- Confession as evidence: a person's own acknowledgment of intent is legally significant self-knowledge ("baṣīrah ʿalā nafsihi") grounds the admissibility of voluntary confessions in Islamic legal proceedings.