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Tafsīr al-Qurṭubī Qurʾānic Rulings and Law · Juzʾ Tabārak and Juzʾ ʿAmma Surahs 67–114
Lesson 98

Sūrah Al-Bayyinah The Clear Proof

البينة

Al-Qurṭubī derives from this surah's treatment of People of the Book under Islam the fiqh rulings on ʿaqd al-dhimmah (the contract of protected status) and the obligations it creates for both parties.

DetailInformationClassificationSignificance
SurahAl-BayyinahMedinanThe clear proof of Islam and the obligations of sincere worship
Key Fiqh IssueʿAqd al-dhimmah the protected status contract for non-Muslims under Islamic ruleMutual contract with specific rights and obligationsDefines the legal relationship between Islamic state and non-Muslim residents
School ComparisonḤanafī: jizya accepted from all (including Arab polytheists); Mālikī: from Kitābīs and fire-worshippers; Shāfiʿī: Kitābīs only (Jews and Christians); Ḥanbalī: Kitābīs and Zoroastrians; debate on extending to othersMutual contractWho qualifies for dhimmī status is the main disagreement
Uṣūl PrincipleʿAqd al-dhimmah the contract of protected status as a mutual legal obligationBinding contractCreates specific rights (protection, religious practice) and obligations (jizya, legal compliance)

Al-Qurṭubī derives from verse 5 "they were not commanded except to worship Allah, sincere to Him in religion, as ḥunafāʾ" the Qurʾānic statement of the minimal obligations of all believers. He uses this as an occasion to survey the dhimmī framework: non-Muslims who live under Islamic governance (ahl al-dhimmah) are a protected community bound by a bilateral contract.

Under ʿaqd al-dhimmah, the dhimmī receives: protection of life and property, freedom to practice their religion privately, access to Islamic courts for civil matters, and immunity from military service. The dhimmī owes: payment of jizya (protection tax), compliance with Islamic civil law in public dealings, and abstention from public religious practices that disturb the Muslim community. Al-Qurṭubī maps the school disagreements on who qualifies for dhimmī status the Ḥanafī school is the most expansive (accepting jizya from virtually any non-Muslim group); the Shāfiʿī school restricts it most narrowly to Kitābīs (Jews and Christians).

وَمَا أُمِرُوا إِلَّا لِيَعْبُدُوا اللَّهَ مُخْلِصِينَ لَهُ الدِّينَ حُنَفَاءَ Wa-mā umirū illā li-yaʿbudū llāha mukhlisīna lahu l-dīna ḥunafāʾ Meaning: "They were not commanded except to worship Allah sincere to Him in religion, as ḥanīfs" Al-Qurṭubī: "ḥunafāʾ" (turners away from falsehood toward truth) the fundamental divine command is pure tawḥīd; the dhimmī framework accommodates those who have not yet reached this standard while they live in peace under Islamic governance.
إِنَّ الَّذِينَ كَفَرُوا مِنْ أَهْلِ الْكِتَابِ وَالْمُشْرِكِينَ فِي نَارِ جَهَنَّمَ Inna lladhīna kafarū min ahli l-kitābi wa-l-mushrikīna fī nāri jahannam Meaning: "Indeed those who disbelieved from the People of the Book and the polytheists will be in the fire of hellfire" Al-Qurṭubī: this verse addresses the afterlife consequence it does not affect the dhimmī's legal rights and protections in this world; al-Qurṭubī carefully separates the theological consequence (afterlife) from the legal status (protected resident with rights).
  • ʿAqd al-dhimmah is a bilateral contract: Islamic state provides protection, religious freedom, and justice; dhimmī provides jizya, public law compliance, and non-disruption.
  • Who qualifies: Ḥanafī (widest most non-Muslim groups); Mālikī (Kitābīs and Zoroastrians); Shāfiʿī (Kitābīs only most restrictive); Ḥanbalī (Kitābīs and Zoroastrians).
  • Dhimmī rights: protection of life and property, religious practice freedom, court access, exemption from military service guaranteed by the contract.
  • Dhimmī obligations: jizya payment, civil law compliance, abstention from public religious disruption.
  • Theological consequences (afterlife) are separated from legal status the verse's afterlife statement does not affect the dhimmī's legal protections in this life.

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