Imâm
an-Nawawee رحمه
الله said in his
Riyaadh-us-Saaliheen, chapter 256: “You should know
that backbiting is permissible for specific legislated reasons unreachable
except by (way of backbiting) they are the following six reasons:
1.
The first is complaining
of oppression, so it is permissible for the oppressed person to
present his case to the Muslim ruler or Muslim judge or someone of similar
stature and authority to assist in removing the oppression. He can say: “I
have been wronged by such and such a person.”
2.
The second is seeking
assistance in changing evil (munkar) and refuting the disobedient until they
return to what is correct. So one can say to the one who has
the ability to change the evil: “Such and such a person has done this, so
advise him.” Or something similar and that he intends to reach this
disobedient one by way of removing the evil, so if he intends other than that
then it is not permissible.
3.
Thirdly when one seeks
fatwa. So he says to the mufti: “My father has oppressed me,
or my brother, or my husband, or such and such has done this, does he have
right to? And what is the way to sincerity (ikhlâs) and obtaining my rights and
repelling oppression?” or something along the lines, so this is permissible
by necessity. However it is better to say: "What do you say regarding a
man, or person, or husband, if his condition is such and such?” So he
obtains his purpose without specification, but being specific is permissible,
as we will mention in the hadeeth of Hind, Allaah willing.
4.
The fourth reason is warning
the Muslims from evil and advising them and that is from several aspects:
A.)
From it is the
disparagement of the criticized people by way of the reliable and trustworthy
witnesses. That is permissible by consensus of the Muslims
rather it is
obligatory by necessity.
B.)
From it is when a man
inquires about someone before marriage, or entering into a business partnership
with someone, or safekeeping something with someone or doing business with
someone. It is obligatory upon the one advising not to conceal
his condition rather he should mention the shortcomings he has with the sole
intention of advising him.
C.)
From it is if one sees
a person of fiqh frequenting an innovator or a faasiq (a person engaged in
disobedience) and taking knowledge from him, and he fears that he may affect
him (with his innovation or fisq) then it is upon him to advise of his
condition on the basis that he intends to advise. And this is
where error may occur, the person who speaks of the individual could be envious
and Shaytaan (may Allaah’s curse be upon him) may deceive him into thinking he
is advising with compassion, it is necessary to be aware of this (type of
fitnah).
D.)
From it is one who has
position but he does not establish it, whether it is because he
is not fit for it, or he is one who is corrupt, or neglectful, or something
similar to these examples. It is obligatory to mention that to the one in
authority so as to remove him and replace him with one more befitting. He
should make him aware of his condition so he can be dealt with and urge him to
improve or be replaced with someone else.
5.
The fifth reason is concerning
the one who openly commits disobedience or innovation like
openly drinking alcohol, taking the property of others, taking taxes not
legislated or other issues of falsehood, then it is permissible to mention what
he does publicly. It is not permissible to mention other faults he may have
except those we have mentioned before.
6.
The sixth reason is to
describe someone. So if a man is known by a nickname such as “The
Weak-eyed”, “The Lame”, “The Deaf one”, “The Blind one”,
“The Cross-eyed” and other similar names. It is permissible to describe
him for identification but unlawful to indicate his deficiencies. If one can
describe him another way then it is best.
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