Part 5 (f): Exceptional Circumstances- Backbiting: Heart Therapy

Read the Table of Contents of Heart Therapy

Read Part 5 (e):Prevention and Cure:Backbiting

It should be noted that backbiting is allowed for certain specific and restricted legislative reasons, Imam al Nawawi summarised these in Riyad-us-Saliheen:

1. To Complain of Oppression: It is permissible for the oppressed person to present his case to the Muslim ruler or judge or someone of similar standing in the hope of assistance in the removal of the oppression. He can say, “I have been wronged by so and so in such and such a way.”
2. To Return to Order or Put to Rights: To seek assistance in correcting an evil and returning the disobedient to guidance. Thus, once can say to someone who may have the ability to change the evil, “so and so does such and such an act so advice him.” However, the one who says this must intend to remove the evil and this would not be permissible otherwise.
3. When Seeking a Fatwa regarding the issue: In the face of necessity one can as a scholar, “My father/husband/brother etc has oppressed me, or so and so has done this, does he have the right to do so? How can I stop this, obtain my rights and right the oppression?” etc. However, it is safer and better to be ambiguous and ask instead, “what do you say regarding a person, if his condition is such and such?” as this allows one to achieve his purpose without identifying the person, though mention of the name, in such a case, is permissible.

   Aisha (RA) narrated that Hind, the wife of Abu Sufyan, said to the Messenger of Allah (SAW), “Abu Sufyan is miserly and does not give me enough to suffice me and my children unless I take something from his property without his knowledge.” The Messenger of Allah said, “Take enough to suffice you and your children according to what is customarily acceptable.” (Bukhari)

4. To Offer Counsel, Advice or a Warning: Such counsel and advice can be offered from several angels:
   • Warning against weakness in a person’s hadith transmission or his standing as a witness, etc: That is permissible by consensus of the Muslims; rather it is obligatory by necessity.
   • Offering counsel regarding the character of a person for the purpose of: marriage, getting into business partnership, safekeeping something with someone, doing business with someone or becoming a neighbour of someone.

   It is obligatory upon the one advising not to conceal the real condition of the person he is asked of. Rather he should mention the shortcomings he has with the sole intention of advising him.

   Fatimah bint Qays reported, “I went to the Messenger of Allah and said to him, “Abu Jahm and Mu’awiyah have both proposed to me for marriage.” The Messenger of Allah said, “Mu’awiyah is poor and has no property and Abu Jahm always keeps his stick on his shoulder. (i.e. he beats his wives.)

   • To Advice a student of knowledge against the innovation of the instructor if he is likely to be affected by it: If one sees a person of fiqh frequenting an innovator or a sinner and taking knowledge from him, and he fears that he may be affected by his innovation or sin then he should mention the condition of the innovator or sinner on condition that he intends to advice.

     Note, however, that this is where people can err and we need to realise that the person who speaks of the individual could be doing so out of envy and Satan may have deceived him into thinking he is advising sincerely. Thus, it is important to be aware of this possibility.

   • To advice the one in authority regarding the neglect of a person ‘in office’ etc in order that a replacement be found: One is permitted to advise against one who has responsibility but does not carry it out, whether this is because he is not fit for it, because he is corrupt or because he is neglecting his duties, etc. It is obligatory to mention this to the one who is 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. To Expose an Open Fahishah: If there is someone who openly commits disobedience or innovation (such as openly drinking alcohol, taking the property of others unlawfully, taking taxes not legislated or other such matters), then it is permissible to mention what he does publicly.

   Note: It is not permissible, however, to mention other faults he may have, except if there is another lawful reason to do so as mentioned above.

6. In order to describe or identify an individual: To describe someone. so if a man is known as ‘the one who has weak eyes,’ ‘the lame’, ‘the deaf one’, ‘the blind one, ‘the cross eyes,’ etc it is permissible to describe him for identification.

   Note: It is unlawful to mention these as deficiencies and if he can be identified in another way then that is better.

Read Part 6: Namimah (tale carrying)