Sūrah At-Tīn The Fig
التين
Al-Qurṭubī derives from this surah's "best of stature" verse the fiqh ruling on muthlah (mutilation) prohibition of disfiguring dead bodies, including enemy dead, and the maqṣad of ḥifẓ al-nafs.
Al-Qurṭubī derives from verse 4 "We have certainly created man in the best of stature (aḥsan taqwīm)" that the divine creation of humans in the most excellent form establishes a right to bodily dignity that extends beyond death. Muthlah (mutilation of dead bodies cutting ears, noses, limbs, or disfiguring) is ḥarām by prophetic prohibition applied by all four schools to both Muslim and non-Muslim dead.
The debate concerns reciprocal muthlah in warfare: if the enemy mutilates Muslim dead, may Muslims retaliate in kind? The Mālikī position is the strongest prohibition muthlah is ḥarām absolutely, even as retaliation; the prohibition of mutilation is not contingent on the enemy's conduct. Some other scholars in the majority schools permitted reciprocal muthlah citing Qurʾān 2:194 ("and whoever attacks you, attack him in like manner"). Al-Qurṭubī notes the stronger scholarly opinion is the Mālikī absolute prohibition the prophetic statement "do not mutilate" was an absolute command, not conditional on enemy conduct.
- Muthlah (mutilation of dead bodies) is ḥarām by consensus of all four schools the prophetic prohibition is categorical and applies to Muslim and non-Muslim dead alike.
- Mālikī position: the prohibition is absolute even reciprocal muthlah against enemies who mutilated Muslims is ḥarām; no retaliation exception.
- Minority position in other schools: reciprocal muthlah is permitted when the enemy did it first citing the "attack in like manner" principle of 2:194.
- Ḥifẓ al-nafs (preservation of person) extends beyond death bodily dignity is protected even after the soul has departed; this is the maqṣad ground for the prohibition.
- The prohibition applies to living people as well torture, disfigurement, and cruel punishment that constitutes muthlah are all ḥarām by the same principle.