The Place of Speculation, Spying and Smearing in Shari'ah
Notice and Caveat for Muslims
ABSTRACT
“O you who have attained to faith! Avoid most guesswork [about one another]1 - for, behold, some of [such] guesswork is [in itself] a sin; and do not spy upon one another, and neither allow yourselves to speak ill of one another behind your backs. Would any of you like to eat the flesh of his dead brother? Nay, you would loathe it! And be conscious of God. Verily, God is an acceptor of repentance, a dispenser of grace!” Allah Ta'aala Subhaanahoo has focussed here on three social evil: “at-thanni”, “tajas-sus”and “yagh-tab”. To start with, HE has asked us to refrain from az-zanni as much as possible. HE warns us that at some stage it has a potential to become a sin. It refers to forming an opinion without sufficient evidence. Imam Abu Bakr Jassas has divided Zann into four categories in his Ahkam-ul-Quran: prohibited, imperative, recommended/desirable and permissible. Assumption or guesswork is the first step; it is getting closer to sin, if it turns into a suspicion; it probably becomes a clear sin if it develops into an allegation. Next, we are asked not to spy — tajas-sus — on others. It includes the sense of listening to people without their permission when they are talking, or eavesdropping at their doors, according to
Bayan-ul-Quran. However, spying is frequently indispensable for our national, communal and individual interests.It is a hot topic these days with the technological possibility of massive surveillance. The tussle between privacy and security seems never ending. The article quotes several ahaadith in support of this. Shari’ah certainly allows or should I say, encourages some forms of spying. The Holy Prophet used to send spying missions to find out the intentions and movements of the Unbelievers of Makkah. As pointed out by Mufti Mohammed Shafi, in the presence of credible evidence it will be permissible to spy about a possible harm or danger to an innocent individual or to the community.
“laa yaghtab” is the last prohibition given in this ayah. “Do not backbite”, it says. What is backbiting? The Holy Prophet defined ghibat thus: "It is talking of your brother in a way irksome to him." He was asked: "What, if the defect being talked of is present in my brother ?" The Holy Prophet replied: "If it is present in him, it would be ghibat; if it is not there, it would be slandering him.” However our Deen is a very practical and a natural code of life. Based on the sunnah of our Prophet, the jurists have defined a principle for permissible ghibat and have cited six situations under that principle (Maudoodi). Having realized his folly, what should a backbiter do? The paper has tried to answer this. As always, the end of the ayah is particularly meaningful and instructive. It says “wattaqul-laah” - “And fear Allah”. This part of the ayah is central to the theme. All that has been said so far has a meaning and will be effective only if we are cognizant of HIS presence and regard ourselves accountable to HIM. If not, then what does it matter? Just do as we please. And finally the ayah says HE is “tawwab” and “Raheem”. Allah Ta'aala Subhaanahoo is ever Merciful and most Compassionate. So, whatever the magnitude of error or sins mentioned in this ayah, a Momin should never ever lose hope in HIS Grace and Benevolence.
June 22, 2016
Read ONLY, IF AND WHEN you have time and mood for:
“An Ayah of the Quran for 30 Days” -- June 2016
Choose the section you have time, in the next 30 days to read this ayah:-
Prelude: Recurrent Primary Message 1st. Page
Starting Dua, a note & The Ayah 2nd. Page
A Short Summary: For the Busy Bee Two Pages
The Main Story: Recommended Four Pages
Footnotes: For the Perfectionist One Page
PRELUDE
From the Pen and Perspective of a self-styled PPK Muslim (Proud, Practicing, Knowledgeable) with a humble submission that Islam totally rejects Blind Following BUT vigorously focusses on the Limitations of Pure Human Reasoning..............and clearly and comprehensively AlLAH knows best.
In the beginning of the seventh century C.E., the folks of Mecca and Medina had a fascinatingly unique window: they had direct access to the Heavens through one of their own. They were blessed with a regular stream of Divine counseling and guidelines. Question and answer sessions were part of the program. Even individual questioner was graced by an answer. In the short Introduction to this scheme they were assured that at the end of this twenty-two year project, Divine Directions and Admonitions will continue through the agency of the PEN. The whole discourse has been preserved and archived till eternity under the guarantee of our Lord and Creator. This record in known as the Quran.
It should sound unbelievable but factually appears to be true: Many of our prevalent, widespread and important concepts and opinions about religious matters do not have a basis in the Quran and sometimes even appear to be in obvious conflict with the teachings of the Quran. It would be very educative and helpful to discuss an Ayah once a month to see if it supports or rejects our views and actions in our daily life. I wish and hope this email generates a fruitful interactive discussion.
DUAA’
بِسمِ اللَّهِ الرَّحمٰنِ الرَّحيمِ
In the name of Allah, we praise HIM, seek HIS help and ask for HIS forgiveness. Whosoever Allah guideth none can misguide; whosoever HE allows to fall astray, none can guide him right. We bear witness that there is none worthy of worship but Allah alone and we bear witness that Mohammed, SAW is HIS slave-servant and the Seal of HIS Messengers.
Further, we recall that Allah Ta’aala has declared in HIS Book1 “He granteth wisdom to whom He pleaseth; and he to whom wisdom is granted receiveth indeed a benefit overflowing; but none will grasp the Message (or remember or receive admonition) but men of understanding (or intellect)” and we also recall that he has warned us about the day of judgement2 “Then on that day you shall most certainly be questioned about the boons (joy, pleasure).” We realise, that there cannot be a greater boon or blessing or benefit than wisdom and we wonder if this should be a timely reminder to very many of us sincere and practicing Muslims who use our critical thinking to enhance the mundane for ourselves and our families but resort to compulsory following -- taqleed, doctrine of classical Sunni Islamic Fiqh -- in matters religion.
(NOTE: I have filtered out the proofs and details into the Footnotes for those who have the time and interest for them. The main email will then be reasonable length, hopefully for the busy majority. What follows is not a sermon; I do not feel qualified to give one, anyhow. I wish, it may provide a food for thought. A caveat seems in order: If the ayah selected pertains to issues we face in our daily life with our family, friends, neighbours or peers it may affect us personally and lead to some self analysis and soul searching which in turn could be divisive and distressing. If taken in the right spirit, it can be a humble attempt towards finding the “straight path”.)
THE AYAH
Surah Al Hujurat 49 Verse 12
يا أَيُّهَا الَّذينَ آمَنُوا اجتَنِبوا كَثيرًا مِنَ الظَّنِّ إِنَّ بَعضَ الظَّنِّ إِثمٌ ۖ وَلا تَجَسَّسوا وَلا يَغتَب بَعضُكُم بَعضًا ۚ أَيُحِبُّ أَحَدُكُم أَن يَأكُلَ لَحمَ أَخيهِ مَيتًا فَكَرِهتُموهُ ۚ وَاتَّقُوا اللَّهَ ۚ إِنَّ اللَّهَ تَوّابٌ رَحيمٌ2 (Mohammed Asad)
A SHORT VERSION
“I am convinced about the veracity of my opinions, but I do consider it likely that they may turn out to be incorrect. Likewise, I am convinced about the incorrectness of the views different from mine, but I do concede the possibility that they may turn out to be correct.” — Imam Shafa’i
In the next few sessions, I intend to select and discuss ayahs about “muaamlaat” (worldly affairs) and “ahkaamaat” (directives and commands) for them. Very broadly speaking, the Quranic teachings have two categories: …………….(see the main story)
In the index ayah, Allah Ta'aala Subhaanahoo has focussed on three social evil: “at-thanni”, “tajas-sa-sus”and “yaghtab”.
To start with, Allah has asked us to refrain from “at-thanni” or (az-zanni, as we are used to pronounce) as much as possible; HE then warns us that at some stage it has a potential to become a sin. What does this mean? The word has been translated as “suspicion”, “surmise”, “assumption” or “guesswork” by some of the exegists. Speculation or conjecture are other common words that come to mind. It refers to forming an opinion, judgement or conclusion without sufficient or inconclusive and incomplete evidence. This has not been categorically banned and for good reasons. In certain cases this practice becomes inevitable. …….….Imam Abu Bakr Jassas has therefore divided Zann into four categories in his Ahkam-ul-Quran: prohibited, imperative, recommended/desirable and permissible.
Most mufassirs have rendered the word “zann" as “suspicion” emphasising the importance 0f a negative connotation. According to Qurtubi, Zann connotes “accusation”; a charge of wrongdoing like guilt, crime, offense or blame without any strong evidence. To ascribe a wrong doing or form a low opinion about a soul without solid and credible evidence is to be avoided. We are warned that it can become a sin depending on the nature of accusation and the degree of weakness of the evidence. Hence we should be extra careful to avoid it. Assumption or guesswork is the first step; it is getting closer to sin, if it turns into a suspicion; it probably becomes a clear sin if it develops into an allegation. All these obviously without corroboration. I can think of two occasions in our present day society……………………
Regarding conjecture, a ḥadīth warns, ……………………
A few more well-authenticated sayings of the Prophet to firmly consolidate this issue:………………
Next we are asked not to spy — tajas-sus — on others. “Tajassus” (spying) and Tahassus (searching) include the sense of listening to people without their permission when they are talking, or eavesdropping at their doors, according to Bayan-ul-Quran. To watch or observe others secretly or collect information about them confidentially can be very damaging to the health of a society, giving rise to strong animosity among its members. However, it is common knowledge that spying is frequently indispensable for our national, communal and individual interests. There is definitely a case for mandatory spying or justified spying. On the other hand a lot spying is at best idle curiosity and at worst amounts to cheating and dishonesty. It is a hot topic these days with the technological possibility of massive surveillance. The tussle between privacy and security seems never ending. In an Islamic society it creates a problem………………….
At an individual level, it is basic etiquette not worry about your neighbor’s condition and affairs, his weaknesses and defects and certainly not to grope after his secrets. As I have stated earlier, at best it is an idle curiosity. It gets to be a sin if it is done under suspicion or with with ulterior motives. Some of the ahaadith in support of this:………………………
Sayyidna Alī ibn Abī Ṭālib is reported to have said, ………………………
A ḥadīth states……………………..Finally a statement from Qurtubi ………………………
It must be emphasised that Shari’ah certainly allows or should I say, encourages some forms of spying. The Holy Prophet used to send spying missions to find out the intentions and movements of the Unbelievers of Makkah. As pointed out by Mufti Mohammed Shafi, in the presence of credible evidence it will be permissible to spy about a possible harm or danger to an innocent individual or to the community.
“laa yaghtab” is the last prohibition given in this ayah. “Do not backbite”, it says. What is backbiting? Let us hear the answer from the ultimate source for all of us in the world. The Holy Prophet defined ghibat thus:
"It is talking of your brother in a way irksome to him." He was asked: "What, if the defect being talked of is present in my brother ?" The Holy Prophet replied: "If it is present in him, it would be ghibat; if it is not there, it would be slandering him.”(Reported by Muslim, Abu Da'ud, Tirmidhi, Nasa'i and others on the authority of Abu Hurairah).
Yet another tradition………………………
It should be emphasised that oblique references are as damaging as direct words. I would presume, referring to a deceased person is more reprehensible than talking about a person in his life. However our Deen is a very practical and a natural code of life. All of us come across situations in life needing exactly this: talking about a person in his absence. This is permissible in certain situations as is evidenced by the Holy Prophets’s statement: …………………………
Based on the sunnah of our Prophet, the jurists have defined a principle for permissible ghibat and have cited six situations under that principle (Maudoodi).3 Similarly Mufti Mohammed Shafi has suggested a list of situations where ghibat may be justified.4
We are required to go an extra step in this direction. Not only are we required to avoid back biting, we are obliged to intervene and discourage if this is being done in our presence. The Holy Prophet has said:……..
Eating flesh, not of a dead animal, not of a dead man but that of a dead brother! What greater abomination can one imagine? Yet, backbiting remains a pleasant and favorite pastime for we humans. There is another fine indication in this simile……………..
Having realized his folly, what should a backbiter do? Surely he should sincerely ask for Allah’s forgiveness while making a firm resolve to desist from it in future. He should also retract his statement in the presence of those who were originally addressed and instead praise him. It becomes a little controversial about dealing with the grieved party. Should he be approached and apologized? If the person is dead, he should pray for him frequently. If he is alive and subject of a false statement then he deserves a firm apology and good words in future. If the statement made behind his back is true, it is prudent to keep quite about it and make amends by speaking good of him in future.
As always, the end of the ayah is particularly meaningful and instructive. It says “wattaqul-laah”. This is commonly translated on the basis of the literal meaning of taqwaa as “And fear Allah”. However the other translations offered by the various scholars bring out the real depth in the meaning of this phrase. …………This part of the ayah is central to the theme. All that has been said so far has a meaning and will be effective only if you are cognizant of HIS presence and regard yourself accountable to HIM. If not, then what does it matter? Just do as we please. And finally the ayah says, …………HE is “tawwab”……….HE is “Raheem”. Allah Ta'aala Subhaanahoo is ever Merciful and most Compassionate. So, whatever the magnitude of error or sins mentioned in this ayah, a Momin should never ever lose hope in HIS Grace and Benevolence.
........and Allah knows best.
May Allah Ta’aala bless us with true understanding--“fahm”--of our Deen, Aameen.
Dr. Khalid Mitha
THE MAIN STORY
“I am convinced about the veracity of my opinions, but I do consider it likely that they may turn out to be incorrect. Likewise, I am convinced about the incorrectness of the views different from mine, but I do concede the possibility that they may turn out to be correct.” — Imam Shafa’i
In the next few sessions, I intend to select and discuss ayahs about “muaamlaat” (worldly affairs) and “ahkaamaat” (directives and commands) for them. Very broadly speaking, the Quranic teachings have two categories: da’wate Eeman (call to Faith and Ideology) and da’wate Aml (call for action and performance). The Makki Surah, which form about two thirds of the Quran mainly focus on the former — Eemaan and Beliefs. Hence these are addressed mainly to the people and the Unbelievers. The Believers are rarely, if at all addressed directly in these surahs. The Madni surahs, on the other hand frequently speak directly to the Believers giving them the directives and commands. These once again may be described under two different groups. The ibadaat (rituals) and the akhlaqiyaat (moral philosophy and ethical duties and responsibilities). The former is fully dealt with by the Muslims and their scholars. Some of them with a social and entertainment (and perhaps a pinch of ostentation for a few) components like the Hajj or Iftar dinners or Taraweeh prayers are extremely popular. But the latter, the moral and ethical behaviour of the Muslim society is played down and left to individual effort and taste. I wish to concentrate on these ayahs in some of the forthcoming sessions.
In the index ayah, Allah Ta'aala Subhaanahoo has focussed on three social evil: “at-thanni”, “tajas-sus” and “yaghtab”.
To start with, Allah has asked us to refrain from “at-thanni” or (az-zanni, as we are used to pronounce) as much as possible; HE then warns us that at some stage it has a potential to become a sin. What does this mean? The word has been translated as “suspicion”, “surmise”, “assumption” or “guesswork” by some of the exegists. Speculation or conjecture are other common words that come to mind. It refers to forming an opinion, judgement or conclusion without sufficient or inconclusive and incomplete evidence. This has not been categorically banned and for good reasons. In certain cases this practice becomes inevitable. A decision, as in a law court has sometimes to be made on all the evidence available even if it is not complete, labelled as “Az-zann-ul-ghalib”. A good guess about somebody may even be welcome. One may have good but not strong reasons to question somebody’s motive or intentions or character. While it is not justified to take any action against this person, Shari’ah does not stop us from taking adequate steps to save ourselves or our interests from possible harm from him as a precaution. Imam Abu Bakr Jassas has therefore divided Zann into four categories in his Ahkam-ul-Quran: prohibited, imperative, recommended/desirable and permissible.
Most mufassirs have rendered the word “zann" as “suspicion” emphasising the importance 0f a negative connotation. According to Qurtubi, Zann connotes “accusation”; a charge of wrongdoing like guilt, crime, offense or blame without any strong evidence. To ascribe a wrong doing or form a low opinion about a soul without solid and credible evidence is to be avoided. We are warned that it can become a sin depending on the nature of accusation and the degree of weakness of the evidence. Hence we should be extra careful to avoid it. Assumption or guesswork is the first step; it is getting closer to sin, if it turns into a suspicion; it probably becomes a clear sin if it develops into an allegation. All these obviously without corroboration. I can think of two occasions in our present day society when this practice is indulged in frequently and excessively, bringing it very close to a sin. First, unfortunately our religious leaders do not set a good example for us when they tackle their differences; frequently “zann” and plenty of it is in play on such occasions. Second, we in turn cross all limits when discussing current affairs specially politics. Many of us, good practicing Muslims feel free to criticize or malign folks we disagree with on pure speculation or very flimsy grounds. We seem to forget that following the prescriptions of our Deen in such situations is as important as praying and fasting. According to a report by Sayyidna Abu Hurairah the Holy Prophet said: "Avoid suspicion, for suspicion is the worst of false talks".
Mufti Mohammed Shafi states: “In this context, Zann by common consent of scholars stands for thinking ill of a Muslim without any concrete proof”. Later he adds “And desirable Zann refers to having favorable thoughts about everyMuslim. That is rewardable” (Jassas). Please note the restriction of the definition to a “Muslim”. It is indicative of the tendency of our Conservative Scholarship to restrict the teachings and benefits of the Deen of Islam to Muslims alone. Whereas the Messenger of Allah has come to us with a Universal Message for all Mankind.
Regarding conjecture, a ḥadīth warns, “Beware of conjecture, for it is indeed the most misleading form of speech.” On another occasion the Prophet warned, “A leader will corrupt his people if he pursues conjecture regarding them.”
A few more well-authenticated sayings of the Prophet to firmly consolidate this issue:
"Beware of all guesswork (about one another), for, behold, all (such) guesswork is most deceptive; and do not spy upon one another, and do not try to bare (other people’s) failings" (Muwatta');
"Do not hurt those who have surrendered themselves to God (al-muslimin), and do not impute evil to them, and do not try to uncover their nakedness (i.e., their faults): for, behold, ahif anyone tries to uncover his brother's nakedness, God will uncover his own nakedness (on the Day of Judgement) (Tirimidhi);
"Never does a believer draw a veil over the nakedness of another believer without God's drawing a veil over his own nakedness on Resurrection Day" (Bukhari).
Next we are asked not to spy — tajas-sus — on others. “Tajassus (spying) and Tahassus (searching) include the sense of listening to people without their permission when they are talking, or eavesdropping at their doors, according to Bayan-ul-Quran. To watch or observe others secretly or collect information about them confidentially can be very damaging to the health of a society, giving rise to strong animosity among its members. However, it is common knowledge that spying is frequently indispensable for our national, communal and individual interests. There is definitely a case for mandatory spying or justified spying. On the other hand a lot spying is at best idle curiosity and at worst amounts to cheating and dishonesty. It is a hot topic these days with the technological possibility of massive surveillance. The tussle between privacy and security seems never ending. In an Islamic society it creates a problem needing a delicate balance. An Islamic government is required to help and guide development of a society based on Islamic moral values. This does not give it the right to oversee an individual’s private life by a system of spying. The mission has to be accomplished by education, lectures, counseling and training programs etc. The well known story of Sayyidna Umer serves as a good guide: “Once at night he heard the voice of a person who was singing in his house. He became curious and climbed the wall. There he saw wine as well as a woman present. He shouted at the man, saying: "O enemy of God, do you think you will disobey Allah, and Allah will not expose your secret?" The man replied: °Do not make haste, O Commander of the Faithful: if I have committed one sin, you have committed three sins: Allah has forbidden spying, and you have spied; Allah has commanded that one should enter the houses by the doors, and you have entered it by climbing over the wall; Allah has commanded that one should avoid entering the other people's houses without permission, and you have entered my house without my permission. " Hearing this reply, Hadrat Umar confessed his error, and did not take any action against the man, but made him to promise that he would follow the right way in future. (Abi Bakr Muhammad bin Ja`far al-Khara'iti, Makarim al-Akhlaq). A clear command that an Islamic government is not to pry into the secrets of the people to discover their sins and punish them. Further endorsed by a Hadith of the Holy Prophet : “When the ruler starts searching for the causes of suspicions among the people he corrupts them" (Abu Da'ud).
At an individual level, it is basic etiquette not to worry about your neighbor’s condition and affairs, his weaknesses and defects and certainly not to grope after his secrets. As I have stated earlier, at best it is and idle curiosity. It gets to be a sin if it is done under suspicion or with with ulterior motives. Some of the ahaadith in support of this:
"O people, who have professed belief verbally, but faith has not yet entered your hearts: Do not pry into the affairs of the Muslims, for he who will pry into the affairs of the Muslims, Allah will pry into his affairs, and he whom Allah follows inquisitively, is disgraced by Him in his own house. " (Abu Da'ud).
Hadrat Mu'awiyah says that he himself heard the Holy Prophet say “f you start prying into the secret affairs of the people, you will corrupt them, or at least drive them very near corruption." (Abu Da'ud).
In another Hadith he said: "When you happen to form an evil opinion about somebody, do not pry about it. " (AI-Jassas, Ahkam al-Qur'an).
And lastly, the Holy Prophet said: "The one who saw a secret affair of somebody and then concealed it is as though he saved a girl who had been buried alive." (AI-Jassas).
Sayyidna Alī ibn Abī Ṭālib is reported to have said, “Do not be quick to expose another’s sin, for he may be forgiven for it, and do not feel yourself safe even from a small sin, since you may be punished for it. Every one of you who comes to know the faults of others should not expose them in view of what he knows about his own faults, and should remain busy in gratitude that he has been saved from that in which others have been indulging” (Nahj al-balāghah, Sermon 139).
A ḥadīth states that those who eavesdrop “will have molten copper poured in their ears on the Day of Judgment.” As spying usually implies seeking faults, it is closely tied to backbiting, which is understood to mean saying anything about another that he or she would not like to have said. In this regard, the Prophet is reported to have said, “O gathering of those who submit with their tongues, but in whose hearts faith has not yet taken hold! Do not harm Muslims, do not shame them, and do not pursue their faults. For whosoever pursues the faults of his Muslim brother, God will pursue his faults. And he whose faults are pursued by God, God disgraces him, even in his own home.” In contrast, another ḥadīth states, “Whosoever covers [the faults] of a Muslim in this world, God will cover [his faults] in this world and the next. Truly God continues to help the servant, so long as the servant continues to help his brother.”
Finally a statement from Qurtubi ”Do not speak ill of Muslims behind their backs, and do not search out their faults, for he who searches out their faults will have his faults searched out by Allah, and he whose faults are searched out by Allah will be exposed by Him, even though he should be in the interior of his house”
It must be emphasised that Shari’ah certainly allows or should I say, encourages some forms of spying. The Holy Prophet used to send spying missions to find out the intentions and movements of the Unbelievers of Makkah. As pointed out by Mufti Mohammed Shafi, in the presence of credible evidence it will be permissible to spy about a possible harm or danger to an innocent individual or to the community.
“laa yaghtab” is the last prohibition given in this ayah. “Do not backbite”, it says. What is backbiting? Let us hear the answer from the ultimate source for all of us in the world. The Holy Prophet defined ghibat thus:
"It is talking of your brother in a way irksome to him." He was asked: "What, if the defect being talked of is present in my brother ?" The Holy Prophet replied: "If it is present in him, it would be ghibat; if it is not there, it would be slandering him.”(Reported by Muslim, Abu Da'ud, Tirmidhi, Nasa'i and others on the authority of Abu Hurairah).
Yet another tradition, forcefully reported in the Mu’watta of Imam Malik on the authority of Muttalib bin Abdullah "A person asked the Holy Prophet: What is ghibat? The Holy Prophet replied: It is talking of your brother in a way irksome to him. He asked: Even if it is true, O Messenger of Allah? He replied: If what you said was false, it would then be a calumny."
It should be emphasised that oblique references are as damaging as direct words. I would presume, referring to a deceased person is more reprehensible than talking about a person in his life. However our Deen is a very practical and a natural code of life. All of us come across situations in life needing exactly this: talking about a person in his absence. This is permissible in certain situations as is evidenced by the Holy Prophets’s statement:
"The worst excess is to attack the honour of a Muslim unjustly." (Abu Da'ud). This gives room for “just” criticism. We have examples in the life of the Messenger of Allah to illustrate such situations:
Two of the Companions, Mu’awiyah and Abu Jahm sent the proposal of marriage to a lady, Fatimah bint Qais. She came to the Holy Prophet and asked for his advice. He said: “Mu'awiyah is a poor man and Abu Jahm beats his wives much." (Bukhari, Muslim).
One day when the Holy Prophet was present in the apartment of Bibi A'ishah, a man came and sought permission to see him. The Holy Prophet remarked that he was a very bad man of his tribe. Then he went out and talked to him politely. When he came back into the house, Bibi A'ishah asked: "You have talked to him politely, whereas when you went out you said something different about him. The Holy Prophet said, "On the day of Resurrection the worst abode in the sight of Allah will be of the person whom the people start avoiding because of his abusive language." (Bukhari, Muslim). Yet he spoke to this man politely as per his noble character. But he did not want to give a false impression to his family about the character of the person. He had therefore cautioned Bibi Ayesha that he was a bad man in his tribe.
Once Hind bint Utbah, wife of Hadrat Abu Sufyan, came to the Holy Prophet and said: "Abu Sufyan is a miserly person: he does not provide enough for me and my children's needs. " (Bukhari, Muslim). Although this complaint from the wife in the absence of the husband was backbiting, the Holy Prophet permitted it, for the oppressed one' has a right that he or she may take the complaint of injustice to a person who has the power to get it removed.
Based on the sunnah of our Prophet, the jurists have defined a principle for permissible ghibat and have cited six situations under that principle (Maudoodi).3 Similarly Mufti Mohammed Shafi has suggested a list of situations where ghibat may be justified.4
We are required to go an extra step in this direction. Not only are we required to avoid back biting, we are obliged to intervene and discourage if this is being done in your presence. The Holy Prophet has said: “If a person does not support and help a Muslim when he is being disgraced and his honor being attacked, Allah also does not support and help him when he stands in need of His help; and if a person helps and supports a Muslim when his honor is being attacked and he is being disgraced, Allah Almighty also helps him when he wants that Allah should help him”. (Abu Da'ud).
Eating flesh, not of a dead animal, not of a dead man but that of a dead brother! What greater abomination can one imagine? Yet, backbiting remains a pleasant and favorite pastime for we humans. There is another fine indication in this simile. The dead man is not aware that it is being eaten. Yet this remains an outrage. So does backbiting remain a monstrosity even if the grieved party is unaware or uninterested. Maudoodi points to yet another nuance in this simile. It is presented as a question to all of us forcing our conscience to think about it and come out with an answer.
Having realized his folly, what should a backbiter do? Surely he should sincerely ask for Allah’s forgiveness while making a firm resolve to desist from it in future. He should also retract his statement in the presence of those who were originally addressed and instead praise him. It becomes a little controversial about dealing with the grieved party. Should he be approached and apologized? If the person is dead, he should pray for him frequently. If he is alive and subject of a false statement then he deserves a firm apology and good words in future. If the statement made behind his back is true, it is prudent to keep quite about it and make amends by speaking good of him in future.
As always, the end of the ayah is particularly meaningful and instructive. It says “wattaqul-laah”. This is commonly translated on the basis of the literal meaning of taqwaa as “And fear Allah”. However the other translations offered by the various scholars bring out the real depth in the meaning of this phrase. These are: “And keep your duty to Allah”, “and be careful of (your duty to) Allah”, “and be pious to Allah”, “And be conscious of God”. This part of the ayah is central to the theme. All that has been said so far has a meaning and will be effective only if we are cognizant of HIS presence and regard ourselves accountable to HIM. If not, then what does it matter? Just do as we please. And finally, as this ayah is mainly about strong and common social evils producing fear of equally strong punishments, our Lord and Creator in HIS utter grace assures us that HE is “tawwab”. Literally this means HE is oft-returning suggesting that HE is “relenting” or “one who accepts repentance”. Incidentally, Nasr Seyyed Hossein in his exegesis “The Study Quran” has pointed to a very meaningful nuance about this word: “God’s “relenting” correlates with human beings’ repenting, as both translate the same verb, tāba/yatūbu”. The ayah closes by stating that HE is “Raheem”. Allah Ta'aala Subhaanahoo is ever Merciful and most Compassionate. So, whatever the magnitude of error or sins mentioned in this ayah, a Momin should never ever lose hope in HIS Grace and Benevolence.
........and Allah knows best.
May Allah Ta’aala bless us with true understanding--“fahm”--of our Deen, Aameen.
Dr. Khalid Mitha
FOOTNOTES
(1) Surah 2/269
يُؤتِي الحِكمَةَ مَن يَشاءُ ۚ وَمَن يُؤتَ الحِكمَةَ فَقَد أوتِيَ خَيرًا كَثيرًا ۗ وَما يَذَّكَّرُ إِلّا أُولُو الأَلبابِ
(2) Surah 102/8
ثُمَّ لَتُسأَلُنَّ يَومَئِذٍ عَنِ النَّعيمِ
(3) From the precedents of the Sunnah of the Holy Prophet, the jurists and traditionists have deduced this principle:
“Ghibat (backbiting) is permissible only in case it is needed for a real and genuine (genuine from the Shari'ah point of view) necessity and the necessity may not be satisfied without having resort to it".
Then on the basis of the same principle the scholars have declared that ghibat is permissible in the following cases:
(1) Complaining by an oppressed person against the oppressor before every such person who he thinks can do something to save him from the injustice.
(2) To make mention of the evils of a person (or persons) with the intention of reform before those who can do expected to help remove the evils.
(3) To state the facts of a case before a legal expert for the purpose of seeking a religious or legal ruling regarding an unlawful act committed by a person.
(4) To warn the people of the mischiefs of a person (or persons) so that they may ward off the evil, e g. it is not only permissible but obligatory to mention the weaknesses of the reporters, witnesses and writers, for without it, it is not possible to safeguard the Shari ah against the propagation of false reports, the courts against injustices and the common people or the students against errors and misunderstandings. Or, for instance, if a person wants to have the relationship of marriage with somebody, or wishes to rent a house in the neighborhood of somebody, of wants to give something into the custody of somebody, and consults another person, it is obligatory for him to apprise him of aII aspects so that he is not deceived because of ignorance.
(5) To raise ' voice against and criticise the evils of the people who may be spreading sin and immorality and error, or corrupting the people's faith and persecuting them.
(6) To use nicknames for the people who may have become well known by those names, but this should be done for the purpose of their recognition and not with a view to condemn them. (For details, see Fat-h al-Bani, vol. X, p. 362; Sharh Muslim by An-Nawawi; Riyad us-Salihin; al-Jassas, Ahkam al-Qur an; Ruh al-Ma ani commentary on verse wa %a yaghtab ba 'dukum ba 'dan).
Apart from these exceptions it is absolutely forbidden to speak ill of a person behind his back. If what is spoken is true, it is ghibat; if it is false, it is calumny; and if it is meant to make two persons quarrel, it is slander. The Shari 'ah has declared all these as forbidden.
(4) Some narrations show that the general prohibition of backbiting in the verse is subject to exceptions in special cases and specific circumstances. It is permitted if the need for backbiting is real and genuine from the Shari'ah point of view. Examples are as follows:
[a] Complaining against a tyrant before a person who can relieve him from the tyranny and injustice.
[b] Complaining about the wife and children to the father and husband who can put them right.
[c] Giving a full account of the case in order to obtain a fatwa (ruling of Shari'ah)
[d] Warning the Muslims of the mischief of a mischief-monger so that they may ward off the evil.
[el When someone consults another person in any matter, it is obligatory for him to apprise him of all aspects, including weaknesses, so that he is not deceived because of ignorance.
[fl If a person commits sins openly and publishes his ungodly behaviour himself, it is not prohibited to make mention of his bad deeds. However, it is abominable and reprehensible to indulge in it on account of wastage of time [Bayan-ul-Qur’an]
But the necessary condition for invoking these exceptions is that speaking ill of someone is not with the intention of insulting or disgracing him, but only to fulfill a genuine need.
