A key question concerning muḥārabah (armed hostility) is whether it should be classified, in legal terminology, as a “habitual crime” (jarīmah bi-l-ʿāda) requiring repeated acts, or as a “simple crime” (jarīmah basīṭa) realized through a single occurrence. In other words, does the establishment of the crime of muḥārabah necessitate the repeated act of brandishing a weapon (at least twice)? This study seeks to address this question by employing a library-based methodology and an analytical–ijtihādī approach within the framework of Islamic jurisprudence, with particular reference to the muḥārabah verse (Q 5:33). The findings demonstrate that no valid textual or jurisprudential basis exists for requiring repetition of weapon-brandishing in order to establish muḥārabah. Neither the term yuḥāribūn (a present-tense verb) nor the phrase yasʿawna fī al-arḍ fasādan (a present-tense verb with the root saʿy) in the noble verse indicate such a condition. Moreover, the absolute wording of Qurʾānic and hadith evidence, as well as the formulations of jurists in defining muḥārabah, affirm that repetition is not a prerequisite. In cases of doubt, however, primary principles—such as istishāb (presumption of continuity), the principle of darʾ (averting punishments in cases of doubt), and precaution regarding life and blood—support rejecting the necessity of repeated weapon-brandishing for muḥārabah
Taherabadi,Y. (2025). The Nature of the Crime of Muḥārabah (Habitual or Simple) in Light of the Qurʾānic Verse on Muḥārabah. Quran, Islamic Jurisprudence and Law, 19(19), 89-118.
MLA
Taherabadi,Y. . "The Nature of the Crime of Muḥārabah (Habitual or Simple) in Light of the Qurʾānic Verse on Muḥārabah", Quran, Islamic Jurisprudence and Law, 19, 19, 2025, 89-118.
HARVARD
Taherabadi Y. (2025). 'The Nature of the Crime of Muḥārabah (Habitual or Simple) in Light of the Qurʾānic Verse on Muḥārabah', Quran, Islamic Jurisprudence and Law, 19(19), pp. 89-118.
CHICAGO
Y. Taherabadi, "The Nature of the Crime of Muḥārabah (Habitual or Simple) in Light of the Qurʾānic Verse on Muḥārabah," Quran, Islamic Jurisprudence and Law, 19 19 (2025): 89-118,
VANCOUVER
Taherabadi Y. The Nature of the Crime of Muḥārabah (Habitual or Simple) in Light of the Qurʾānic Verse on Muḥārabah. Quran, Islamic Jurisprudence and Law, 2025; 19(19): 89-118.
