Artículos

Backbiting jurisprudence in the islamic law

Jurisprudencia difamatoria en la ley islámica

MUHAMMAD AL-JUBOURI YAQDAN SAMI
Babylon University, Irak

Backbiting jurisprudence in the islamic law

Utopía y Praxis Latinoamericana, vol. 26, no. Esp.2, pp. 13-26, 2021

Universidad del Zulia

Received: 25 February 2021

Accepted: 22 March 2021

Abstract: Backbiting is one of the dangerous illnesses in Islamic society, its law has prohibited and forbidden it in the legal texts mentioned in the Holy Qur’an and the noble Prophet’s Sunnah. The opinions of the jurists are clear that backbiting is forbidden, as it is one of the fatal lessons in destroying and separating the Islamic community. The Islamic religion and its tolerant Sharia (law) call for respecting the human being, preserving his honor, and not wronging him by speaking among others and trying to diminish and reduce his own humanity features.

Keywords: Qur’an texts that forbid backbiting, narrations that forbid backbiting, opinions of jurists on backbiting..

Resumen: La difamación es una de las enfermedades peligrosas de la sociedad islámica, ya que su ley la ha prohibido en los textos legales mencionados en el Sagrado Corán y la Sunnah del noble Profeta. Las opiniones de los juristas son claras: la difamación está prohibida, ya que es una de las lesiones fatales en la destrucción y separación de la comunidad islámica. La religión islámica y su tolerante Sharia (ley) exigen respetar al ser humano, preservar su honor y no injuriarlo hablando entre otros y tratando de disminuir y reducir sus propios rasgos de humanidad.

Palabras clave: Textos del Corán que prohíben las difamaciones, narraciones que prohíben las difamaciones, opiniones de juristas sobre las difamaciones..

INTRODUCTION

Praise be to God, the thankful ones. We praise him. We seek help and guidance from him, we seek refuge in him from the evils of ourselves and our deeds, that whoever is gifted by God, do not be misled, whoever is misled, he will not find a guide for him but Allah, I am witnessing that there is no god but Allah alone with no partner, in recognition of his lordship and to compel to those who deny him and disbelieve, also I am witnessing that our master Muhammad, may God’s prayers and peace be upon him, the Messenger of God, the Master of creation and human beings, O Allah, bless our master Muhammad, his family, and companions, his descendants, as well as those who follow him with rightful until the Day of Judgment (Buchanan: 1927).

Oh God, we have no knowledge except what you have taught us, for you are the All-Knowing, the Wise, increase our knowledge, show us the right as a truth, provided us with its followers, show us falsehood as falsehood, and enabled us to avoid it. Make us among those who listen to the saying and follow the best of it; enter us with your mercy in your righteous servants.

The Islamic aspects are varied, mosques, books, conferences, lectures, satellite channels, but we do not touch what was in the first Islamic era from the morals of Islam anything (Rao: 2015, pp. 413-435), that Muslims kill each other, whether with the sword or with the tongue, they eat the meat of their brothers through fatal backbiting. Then where is the defect?

The importance of the topic (backbiting) comes as one of the most dangerous and widespread social topics of this era, which is the one who tears apart the union of Muslims, divides their inclusion, weakens them, makes Muslims within reach of their enemies, dominating them. It is a subject that most people think is of minor sins (Khan: 2015, p. 1) rather, it is a major sin. Also, I will work to lift the veil from texts and many narrations and relics that forbid the Muslim person to back away from his brother and to be exposed to him in the denial of all that befits him. Most Muslims apparently do not commit sins more often; murder, theft, fornication, except that they have fallen into what they think is minor, which is, in fact, a major sin, where it came from Jabir who said: I heard the Prophet, may God’s prayers and peace be upon him, say that “Satan has been unable to be worshiped by worshipers in Jazirah but in agitation between them.

Satan wanted to tear their unity apart, to weaken their thorns, to make them torn, to split them, to make shares among them, for Muslims to work with one another, not to spread the truth, nor to support this great religion, it is a topic related to the tongue, as the research is organized into three topics, a conclusion, a list of sources and references that were approved by the research.

The first topic: - Quranic texts that forbid backbiting Backbiting: an act of him that is both good and ugly.

The meaning of backbiting in the Islamic legal (Al-Jubouri & Haloob: 2020, pp. 1652-1672) term does not differ much from the linguistic meaning, as the meaning of backbiting in law is the remembrance of the believer in his absence, including what he hates from the descriptions in his creation or morals, or mentioning what is related to him from the people, clan, color, dress, profession, etc., among the matters for other people, which is considered a diminution of him, his affair and his position, that the backbiting is achieved by mentioning him by speech, writing, gesture, etc., such as publishing his voice, image, or documents which related to him.

Backbiting was defined as a warning in the event of the absence of a specific person or by his judgment of what he hates ascribing him to others, which is happening in him, as it is considered a deficiency according to custom, in word, sign, writing, exposition or statement. So I will address some Quranic texts that forbid backbiting.

First: In Surah Al-Hujurat-Aya 12, in the name of God, the Most Gracious, the Most Merciful (O you who have believed, avoid much [negative] assumption. Indeed, some assumption is sin. And do not spy or backbite each other. Would one of you like to eat the flesh of his brother when dead? You would detest it. And fear Allāh; indeed, Allāh is Accepting of repentance and Merciful.)

Al-Tusi (Al-Hasnawi & Al Hasnawi: 2021) said in his interpretation, for the Almighty said (And do not spy or backbite each other), so backbiting is the mention of the defect in the back of the unseen in a way thatprevents wisdom from it. As it is narrated in the news that if you mention the believer about what is in it that God hates, then you backbite him, and if you mentioned him of something that is not in it, then he has stunned him, also the Almighty said (Does one of you like to eat the flesh of his brother dead? You would detest it). What it means is that if someone was called to eat the flesh of his brother and he recovered himself, you hated him from the point of view of his character, then it is necessary if he is called to the defect of his brother and his self-health from the point of view of his mind, then he should hate him. Because the caller of the reason is more entitled to follow the one who calls to nature because the one who calls is blind and the one who calls the mind is discerning, both are in the quality of a counselor. This is one of the best indications of what he should avoid from speaking to the defect of his brother so that he himself recovered from the point of view of his mind, so he should hate him because the caller of reason or mind is more deserving to follow the one who calls for impression or nature because the caller of the impression is blind and the one who calls the mind is discerning, as both are in the quality of a counselor. This is one of the best indications of what should be avoided from speaking in the quality of a counselor, and this is one of the best evidence of what should be avoided from speaking)

Al-Shawkani (Al-Jubouri & Haloob: 2020, pp. 1652-1672) said: (This is a Qur’an prohibition about backbiting, with a similar statement that increases its severity and thickening, also inflicts on the souls of hatred and disdain for what is incapable of its destiny, because eating human flesh is one of the greatest things that the sons of Adam despise of his nature, even if he was an infidel or a fighting enemy, then how about if he was a brother in lineage or religion?! Thus the hatred is multiplied by that, the disdain increases, so how about if it is dead?! For the flesh that is unpleasant and permissible to eat becomes desecrated by death, not desired by nature, that the soul does not accept it, by this, it is known what is in this verse of exaggeration in the prohibition of backbiting, after the explicit prohibition of that)

On the authority of Muadh bin Jabal (Gülen: 2009) (may Allah be pleased with him) who said:

I was with the Prophet peace be upon him and his family in a journey then as we walked it became a day nearer to him then I said, O Messenger of Allah, tell me a work which sends me to heaven, keeping me away from the fire, he said: - Then he (peace and blessings of Allah be upon him) said, “Shall I not inform you of the head of the matter, its pillar, and its peak?” I said, “Yes, O Messenger of Allah.” He (peace and blessings of Allah be upon him) said, “The head of the matter is Islam, its pillar is the prayer, and its peak is jihad.” Then he (peace and blessings of Allah be upon him) said, “Shall I not tell you of the foundation of all of that?” I said, “Yes, O Messenger of Allah.” So he took hold of his tongue and said, “Restrain this.” I said, “O Prophet of Allah, will we be taken to account for what we say with it?” He (peace and blessings of Allah be upon him) said, “May your mother be bereaved of you, O Muadh! Is there anything that throws people into the Hellfire upon their faces — or: on their noses — except the harvests of their tongues?”

On the authority of Anas ibn Malik (Al-Jubouri & Haloob: 2020, pp. 1652-1672), who said: The Messengerof God, may God’s prayers and peace be upon him and his family said:

(The faith of a servant is not straightforward until his heart is straightforward, as his heart is not straightforward until one of his tongues is straightforward, no one enters the heaven which is his neighbor doesn’t have a safe from his tongue. What is said in the absence of the person, true worship is by applying the method of God in all its details.

The purpose of the matter, whether it is a physical or moral defect, in business or in the saying, but even in matters which related to it, such as clothing, home, husband, children, etc.

Based on this, what is said about the apparent characteristics of the other person is not considered backbiting unless it is intended to be slanderous and a defect, in this image, it is forbidden, as if it was said in the tending of the slander that so-and-so is blind, short stature, etc. Or otherwise, it becomes clear from this that mentioning hidden defects with any intention was considered backbiting. Mentioning the apparent defects, if it was with the intention of defamation or it was harm, then it is forbidden whether we included it in the concept of backbiting or not, all of this if these faults on the other side were real, but if they were not true atall, then they fall under the heading of falsehood, that its sin is greater than backbiting with ranks, appearing on them such as sharpness and haste, then it is no.

Secondly: Almighty saying: (Woe to every (kind of) scandal-monger and-backbiter) Al-Humazaa/1It was said in the interpretation of this text, on the authority of Mujahid and Qatada, that the humazaa: the stabber, and Al-Lumazaa: the one who eats people's flesh.

Ibn Abbas (Al-Jubouri & Haloob: 2020, pp. 1652-1672) (may God be pleased with him) said: (Humazaa lumazaa) those who are differentiating between loved ones, those who seek to repudiate the defect, its meaning is one of misfortune with gossip. Also, it was said (the humazaa) that blames you in the absence and (the muzaa) that defame you in the face.

Third: God Almighty said: - (Humaz Lumaz) Al-Qalam /11

It was said in the linguistic meaning: Lumaz: like a wink in the face, you spell it with your mouth with hiding words, a man lumazaa: blame you in your face, a man of humazaa: blames you in your absence; also Al-Zajjaj (Al-Jubouri & Haloob: 2020, pp. 1652-1672) said: Humaz lumaz that annoy people and turn them away

Ibn Abbas (Al-Jubouri & Haloob: 2020, pp. 1652-1672) (may God be pleased with him) said: (Humaz) means backbiting, on the authority of Qatada, it means he eats Muslim’s flesh, that Humaz is like Lumaz who is as a critic, and the humza like it. It is said: man Humaza and the woman is Hamza also. As Humaza, he shuddered and hit him. Then it was said: Lumazaa is in the face, and the whisper is the back of the unseen.

The difference between Humaz and Lumaz.

The difference between the Humaz and lumaz. Al-Allamah Al-Tiriehi, quoting from Al-Layth, as mentioned that he said: The Humaza is the one who blames you in your face, and the lumaz the one who blames you in the unseen, that it was said that Lumaz (the blame) is by the tongue, the eye, and the gesture, and the Hamz is only with a tongue.

And Abu Hilal Al-Askari (Al-Jubouri & Haloob: 2020, pp. 1652-1672) said regarding the difference between the humaz and the lumaz: Al-Mubarad said: Humaz is for a person who whispers an ugly saying from a place where he does not hear or to urge him on an ugly matter, that is to tempt him with it, as Lumaz is louder than the Humaz, in the Holy Qur’an, “the murmurs of the devils,” he did not say Lumaz because the scheming of Satan is hidden.

Imam Al-Ghazali (Al-Jubouri & Haloob: 2020, pp. 1652-1672) said: The mentioning with the tongue is forbidden because in it the understanding of others is the deficiency in your brother, and the definition of what he hates, then exposing it is like declaring it, the doing it is like saying, pointing, nodding, winking, humming, writing, and movement, whatever the intended meaning is understood is included in backbiting, which it is forbidden.

It seems that the humaz is more powerful than the Lumaz; if the Humaz is in the face, then the Lumaz is in the absence of the Humaz is with uttering, then the Lumz is by the gesture, and if the Humaz aims to rise in the ground, then Lumaz remains the corruption in it, the first is a sign of arrogance and compelling, while the second is a sign of deception and cheating, cutting the wombs, and stirring up sedition, Then Hamz person is defaming people by saying and gesturing both in their presence or in their absence

METHODOLOGY

The backbiting continues to be compatible with the nature of the man. A person loves to delve into the faults of people, their shortcomings, their scandals, their bad; rather, and he has a social tendency to reveal the secret, the secret of this wife’s divorce. Did she betray her husband, with whom? In any place? On what occasion? Something fun, a satanic pleasure, to delve into people's honors, to delve into their problems, to the cause of their differences, to the reason for their aggression against each other, something pleasant, compatible with nature, and contradicts the mandate. If a person continues to talk with others, he suddenly finds himself in a great sin, which is backbiting.

There are many narrations that forbid the backbiting, including:

First: - On the authority of Abu Huraira that the Messenger of God said: (The Messenger of God, may God’s prayers and peace be upon him, said: " He said: “Do you know what backbiting? They said: God and His Messenger know best. He said: Mentioning your brother of what he hates. It was also said: If there is what you say, then you have backbit him, and if it is not in it, then it has lost its fading.)

Second: - The believer is disciplined in his words and deeds, the thing that is clear to the distinguished believer is that he controls his tongue, so whoever straightens his tongue, his body parts straighten, that whoever disobeys his tongue and goes into the honor of people, his prejudices and the sanctities of God are disobeyed, it has been proven that the Prophet, may God’s prayers and peace be upon him, said: -

“A servant’s faith is balanced only when his heart is directed to God, and his heart is directed to God only when his tongue is on the straight path. A man whose neighbor is not safe from his harmful conduct will not enter Heaven.”

Third: On the authority of Al-Harith bin Hashaim (Al-Jubouri & Haloob: 2020, pp. 1652-1672), may God be pleased with him, that he said to the Messenger of God, may God bless him and grant him peace, tell me something to keep, the Messenger of God, may God’s prayers and peace be upon him, said: “I own this, and he pointed to his tongue.”

Imam Al-Ghazali (Al-Jubouri & Haloob: 2020, pp. 1652-1672), may God Almighty have mercy on him, mentioned in revival more than twenty or thirty major sins by the tongue.

Fourth: It was narrated on the authority of Abu Hurairah (Al-Jubouri & Haloob: 2020, pp. 1652-1672) (may God be pleased with him) who said: The Messenger of God, may God’s prayers and peace be upon him, said (Every Muslim for a Muslim is forbidden, his blood, honor, and money).

Backbiting is to say something to him that he does not contain. This is the definition of backbiting by the Prophet, peace be upon him: Mentioning your brother of what he hates, to mention him of what he hates in his body, to say: short for example. Or about his religion, you may doubt his religion, or his worldly, or himself, or his character, or his money, God knows best where did he acquire it? Do you have evidence? Did you see with your own eyes that he had pocketed? Or in his money, or in his son, or in his wife, or his father, or in his clothes, or in his gait, or in his frowns, or in his divorce, or other things which related to him, all of these topics are topics of backbiting, so let's move away from it. Backbiting is one of the greatest sins. Backbiting tears apart Muslims, divide their group, disperses their unity, creates a rift between them. They become at odds against hatred and enmity.

To indicate with your eyes, or your hand, or your head, a hint or a statement, all of this is from backbiting.

In the body, it says: He is lame, this is bleaker, and this is short, and so and so is long, and this is very brown, this is backbiting of the body.

In religion, it says: He is immoral, his income is not legitimate, a liar, unjust, negligent in the prayers, without evidence of course, that if there is evidence and there is no point in mentioning this, then it is backbiting. As for there are topics of the jurists that they have defined, for example, someone asked you about marriage, knowing him that he does not pray, and drinks alcohol, you must tell the truth. On the issue of partnership, on the issue of buying a house, as the house has its basis collapsed, and there is an order to evacuate it, that you know this with certainty, a person asked you advice to buy this house, no. There is no backbiting in this.

A human is a creator who spreads delusions, spreads heresies, deviates from the essence of religion, creates beliefs that God has revealed in them authority; this innovator has no backbiting, there are precise conditions, but people have expanded unreasonably, rightly, and unjustly, according to and without necessity, with interest and without benefit.

Fifth: - On the authority of Ibn Umar, may God be pleased with him, who said: The Messenger of God, may God’s prayers and peace be upon him, said: (Whoever says about a believer that which is not in him, God will dwell him and not mercy him, until he comes out of what he said. "Also he (may God’s prayers andpeace be upon him and his family) was asked about the meaning of “Radga al-Khubal.” He said: It is the juice of the people of Hell, and it is what comes out of their bodies from pus and purulence.

Backbiting is one of the worst sins that people commit while they do not feel; In their gatherings, on theirtravels, in their meetings, in their banquets, in their weddings, and in their sorrows, as long as this tongue eats away at people's honors, it is a reality of great backbiting, and backbiting as you know is as a major sin.

Sixth: On the authority of Abu Hudhaifa (Al-Jubouri & Haloob: 2020, pp. 1652-1672), on the authority of Aisha (Al-Jubouri & Haloob: 2020, pp. 1652-1672), she said: I said to the Prophet, may God’s prayers and peace be upon him: It is enough for you in Safiyah that she is such and such meaning that she was short- statured. He replied; You have said a word which would change the sea if it were mixed in it. She said: I imitated a man before him (out of disgrace). He said: I do not like that I imitate anyone even if I should get such and such.

In seawater, this is the words of the Prophet; peace and blessings be upon him. Also, Imam Al-Hassan, peace be upon him, said: “mentioning parties is by three; backbiting, falsehood and dissolution, and each in the Book of God Almighty.” So backbiting is to say what is in him, the falsehood is that you say what is not in him, and the deception is that you say what you have reported about him, mentioning the others three, backbiting, falsehood, and redeeming, and Ibn Abbas said: If you want to mention the faults of your friend, then remember your faults.

On the authority of Abu Sa`id al-Khudri (Al-Jubouri & Haloob: 2020, pp. 1652-1672), he said: He said, may peace and blessings are upon him: (If the son of Adam becomes in moring, then all the organs disbelieve the tongue. Then they say: have a fear of God in us, for we are in you, that if you straighten, we will straighten, and if you curl, we will bend.)

Seventh: - On the authority of Abu Hurairah (Al-Jubouri & Haloob: 2020, pp. 1652-1672) - may God be pleased with him - that the Messenger of God, may God’s prayers and peace be upon him, said: Messenger of Allah said, "Do you know who is the bankrupt?" They said: "The bankrupt among us is one who has neither money with him nor any property." He said, "The real bankrupt of my Ummah (nation)would be he who would come on the Day of Resurrection with Salat(pray), Saum(fasting) and Sadaqah (charity), (but he will find himself bankrupt on that day as he will have exhausted the good deeds) because he reviled others, brought calumny against others, unlawfully devoured the wealth of others, shed the blood of others and beat others; so his good deeds would be credited to the account of those (who suffered at his hand). If his good deeds fall short of clearing the account, their sins would be entered in his account, and he would be thrown in the (Hell) Fire".

We have to imagine this situation, the opponents surround him from everywhere, so this one takes his hand, and this captures his forelock, while this related to his shoulders, and this says he wronged me, another says insulted me, someone says he insulted me, others say he came to me and offended my neighborhood, this says he cheated me, someone says he lied to me ... all the opponents, all those who have been wronged and transgressed against them in this life surround him, then he is confused by their abundance and their attachment to him, as he has weakened from getting rid of them and their resistance, he has no strength and power, so he extends the neck of hope to his Lord, perhaps he will save him from them, but he knocks the call of the mighty. In Surat Ghafir aya17, “This Day shall every person be recompensed for what he earned. This Day no injustice (shall be done to anybody). Truly, Allah is Swift in the reckoning.”

Eighth: - On the authority of Aisha (Al-Jubouri & Haloob: 2020, pp. 1652-1672) (may God bless her), she said: (Do not backbite any one of you, because I told a woman while I was with the Messenger of God, may God bless him and grant him peace, that this is a long tail, he said, may blessings and peace be upon him: spit, spit what is in your mouth, in her mouth is a piece of meat, so she spitted it. He said as if you ate dead flesh, would one of you like to eat the flesh of his dead brother? You hated him.

On the authority of Abdullah bin Masoud (Al-Jubouri & Haloob: 2020, pp. 1652-1672), may God be pleased with him, he said: We were sitting with the Prophet, may God’s prayers and peace be upon him, that a man stood up, and a man fell after him, the Messenger of God, may God’s prayers and peace be upon him,said: “Takhalal,” the man said: O Messenger of God, what is “ Takhalal” did I eat flesh? He said, "You ate yourbrother's flesh."

Ninth: - On the authority of the Prophet (may God bless him and his family and grant them peace) in a will he had for Abu Dharr.

Abu Dharr (Al-Jubouri & Haloob: 2020, pp. 1652-1672) said: “O Messenger of Allah, what if that which is mentioned of him should actually be in him?” He (SAWAS) replied: “Know that when you mention that which is in him, you have committed is gheebah, and when you mention that which is not in him, then you have slandered him (bahattah).”

O Aba Dharr, be away from backbiting, for backbiting is worse than fornication, I said: And why that, O Messenger of Allah? He said: “Because a man commits adultery, and he repents to God, then God repents for him, while backbiting is not forgiven until his companion forgives it. O Abu Dharr: “Cursing a Muslim is fornication, fighting him is disbelief, consuming his flesh is a great sin, the sanctity of his wealth like the sanctity of his blood.” I said, “O Messenger of Allah, what is gheebah(backbiting)?” He replied: “It is to mention about your brother that which he detests.”

Backbiting is not confined to the tongue, so mentioning with the tongue is forbidden, but there is exposure, there is the statement, there is the saying, there is the indication, sometimes by raising the eyes, sometimes with a movement that you intend, if one refers to the other as miserly, he has backbitten, sometimes with the head, sometimes by raising the eyes, sometimes with a movement that you intend, all this for God is backbiting, statement, saying, winking, moving two lips, all of this falls under backbiting.

Tenth: - On the authority of Imam Al-Sadiq (Al-Jubouri & Haloob: 2020, pp. 1652-1672), peace be uponhim, that the Messenger of God, may God’s prayers and peace be upon him and his family, said: -

...Whoever backbiting a Muslim, his fast is nullified, and his ablution is invalidated. On the Day of Resurrection came the one who smelled the stink of the carcass and would be offended by the people of the situation. If he dies before he repents, that if he dies before he repents, he will die unfaithful.

As in the will of the Prophet (may God’s prayers and peace be upon him and his family) to Ali (peace be upon him): “O Ali, whoever was backbitten in front of his Muslim brother with him, that he is able to support him and he does not support him, may God fail him in this world and the hereafter.

In a will to him (may God’s prayers and peace be upon him and his family) to Abu Dharr, he said: (O Abu Dharr, whoever repels from his brother the believer, backbiting, it is a right that God should set him free from fire, O Abu Dharr, whoever his brother has backbitten the believer, and he can support him, then he supported him he will be the victorious one. Meanwhile, if he fails him and he can help him, God may let him down in this world and the hereafter)

On the authority of Nouf Al-Bakali (Al-Jubouri & Haloob: 2020, pp. 1652-1672), he said: The prince of the believers, peace be upon him, came and said. I said enrich me, (You avoid backbiting, for that it perpetuated fire dogs, then he said: O Nouf, the one who claims that he was born permissible has lied when he eats people’s meat by backbiting)

RESULTS

There is backbiting in writing and drawing, there are drawings that give rise to laughter, sometimes there are writings that give rise to laughter, as the pen is one of the two tongues, the pen is writing or drawing which is one of the tools of backbiting, but sometimes a person has to correct people's faults, so what should he do? He imitates the Prophet, peace, and blessings are upon him, he used to pray, and peace be upon him to ascend the pulpit and say: “What is wrong with people doing such-and-such” that who did this is one, then why he didn’t say, “What is wrong with people doing such and such? This is a nice indication without appointing, without naming, he did not disclose but mentioned an objective defect pervasive in society, so this was one of the methods of the Prophet, peace be upon him, in reforming society.

Muadh bin Jabal (Gülen: 2009) - may God be pleased with him - said: A man was mentioned in front of the Messenger of God - may God’s prayers and peace be upon him and his family - as they said: he is unable to do so! He said - may God bless him and his family and grant them peace -: “You backbite your brother.” They said: O Messenger of God, and we said what is in him? He said: “If you say that which is in him, you backbite him; if you say that which is not in him, you will be mistaken.

There are people who backbite people in a manner that has no objection. Sometimes a person is mentioned, do not speak a word. You say: Praise be to God who has spared me from miserliness when someone is mentioned, you praise God for your relief from miserliness, meaning that is miserly, this is a color of backbiting, another way, you mention a certain person in front of his opponents and praise him with what he does not provoke them, then they blame you, and that you must mention his faults and shortcomings, you say: Unreasonable, there is no power but the power of God, is this a reality? He says: reality and more, what did he do? Remind me? You did not do anything. You raised the issue and provoked his opponents. You mentioned him and provoked his opponents, and you mentioned that he is fine and he is not well, then they attacked him with their words slandering and censuring, you are the one who influenced this and made them speak unwanted words about this person.

There are people who are very skilled at imitation, and this is a request. In every assembly, they imitate some people. People laugh to an unreasonable degree as if they are deluding themselves with this goodness, entering into the hearts of these people with pleasure by imitating others; this is also forbidden. So Backbiting is not by the tongue, for ... it was mentioned in the news that the listener said one of the backbitten people ... Also it came from the prince of the believers, peace be upon him, the one who listens to the backbiting is like one of them.

There are resources in which backbiting is permissible. The scholars have mentioned, including backbiting of the oppressor, seeking help in lifting evil, returning sins to reform, from it also like advice from the counselor in getting married and depositing trust, likewise, the witness, the mufti, and the judge was wounded, if he was asked about them, he might mention what he knows about the injustice and eligibility for fatwas and the judiciary, the immoral or openly committed doing something that is not backbiting with regard to that special work.

Some scholars said that there is no backbiting in religion because he criticized what God Almighty had criticized, so mentioning him with sins and criticizing it in them permissible, based on what was narrated that the Messenger (PBUH) made a woman was mentioned to him and increased her prayer and fasting, but she performed her neighbors with her tongue, that he said: (There is no good in her, she is in Hell), also a woman was mentioned in front of him about another one with something more miserly, then He said there is no good at her

Al-Nawawi (As-Samarra'i: 2019, pp. 216-228) said: (Know that backbiting is permitted for a valid as a legitimate purpose, which can only be reached by it, which it is six points:

The first: the grievance, so the oppressed person may submit a grievance to the Sultan, the judge, and others who have a mandate or ability to do justice to him from his oppressor, as he says: someone oppressed me.

The second: seeking help to change the evil and return the sins to what is right, so he says to those who hope that he will be able to remove the evil: someone does such-and-such, then rebuke him on his behalf.

The third: the referendum. He says: To the Mufti: My father, my brother, my husband have oppressed me, or someone by something.

Fourth: Warning and advice to Muslims against evil.

Fifth: the person is openly public about his immorality or heresy, such as openly drinking alcohol, confiscating people, taking licks, and others

Sixth: Definition, If a person is known by the title Al-A'amash, the lame and the deaf, the blind, and the squalid, and others, it is permissible to introduce them to that.

The scholars differed on a topic. If the person is in front of you, as you mention him badly, is this part of backbiting? Most probably, it is not backbiting, but it is as an insult, mentioning a person with evil in front of you, this is not backbiting, but it is disobedient at its level, that it is a cursing of slander against people in their absence, such as adultery with them in their presence, in their presence, we are as hypocritical to them, in their absence we eat their honors backbiting, this is the matter of the weak people .. cowards, in their presence they praise them, in their absence, they backbite them, as this case is spread in most of our Islamic societies, as it is an inappropriate characteristic in society that must be avoided and annihilated it.

When it was proven on the authority of the Prophet, may God bless him and grant him peace, as he saw a people with copper nails clawing their faces and chests on a night with which they were clawed, so he asked about them, then he was told: “Those who eat people's flesh, trying to fall their honor.”

The Glory is to Him has said, “O you who have believed, avoid much [negative] assumption. Indeed, some assumption is sin. And do not spy or backbite each other. Would one of you like to eat the flesh of his brother when dead? You would detest it. And fear Allāh; indeed, Allāh is Accepting of repentance and Merciful.”al- Hujurat /12

So it is obligatory for every Muslim man and woman to beware from backbiting, recommending for giving up from it, as an obedience to God, may He be glorified and His Messenger, may God bless him and grant him peace, that the Muslim’s keenness to cover his brothers and not to show their shames, because backbiting is one of the causes of hostility, enmity, and social separation.

DISCUSSION

Backbiting according to the mandatory verdicts is forbidden; there is an obligation, there is a confirmed Sunnah, an uncertain Sunnah, it is desirable and permissible. Also, there is disliked, as it is forbidden by the Qur’an, Sunnah, and consensus, that the evidence for the forbidden is vast, so the scholars are unanimously agreed that it is a major sin. Muslims who are not students of knowledge think that the major sins are adultery, murder, theft, but backbiting is also among the major sins because they disintegrate society, weakening its cohesion, weaken its unity, creates enmity and hatred among people in one society. What we see clearly is that most of the Islamic community councils are backbiting councils and more than that. Backbiting is like the fruit of the councils, wherever it is and at the highest levels of society, even the educated ones.

Any Muslim council can be a piece of paradise by the mentioning of God, mentioning Qur’anic verses, mentioning his formative verses, mentioning the morals of the Prophet (PBUH), his characteristics, the attitudes of his companions’ honor (may God pleased them) as well as the biography of his family, may peace and blessings be upon them, mentioning the wisdom of the Sharia as well as thousands of topics, thousands of occasions that make councils a piece of heaven while you cannot feel.

On the authority of Abu Hurayra (Speight: 2000, pp. 265-271), he said, the Messenger of God, may God’s prayers and peace be upon him, said: “No people get together in a house of the houses of Allah (i.e., a mosque), reciting the Book of Allah, and learning it together among themselves, but calmness (sakinah) comes down to them, (Divine) mercy covers them (from above), and the angels surround them, and Allah makes a mention of them among those who are with Him.”

Someone might say: This backbiting is widespread in large size, rather it is as a general affliction, people are all as well? So we say: The spread of this sin and its general nature to people does not eliminate it as a major, so great sin is great, whether it is greater or less, narrowed or expanded, smaller or larger. Muslim scholars are agreed and unanimously agreed that the insistence on backbiting makes it one of the greatest sins.

The scholars said there is disbelief without blasphemy, as well as there is backbiting without backbiting. You may criticize a house that it is small, or this color is not appropriate, this is from backbiting, but it is much lesser than criticizing without evidence someone who benefits people with it than to stab a person whom people benefit most, as this is very big backbiting. Also, they may exceed the limit of people in backbiting,reaching their honor, a breaching of their social reputation, that this falsehood is like itself and reality, injustice is his, which it is the falsehood that the Messenger (PBUH) forbade.

That is, to speak with what you do not know, to distribute accusations without evidence, without benefit,without obligation, this is one of the most severe types of backbiting, as if there is disbelief without disbelief there is backbiting without backbiting, to criticize a color for paint or a type of cloth, this embarrasses the owner, how did you buy it in this, not the good color? This is backbiting, as for you to criticize a person who benefits people without evidence, just because you want to destroy others to stand on their body parts, this is an attribute of some people, building his glory on the ruins of people, He alone is perfect, and everything else is deficient, any person is mentioned in front of him he may stab him, stigmatizes his religion, ridicule his morals, doubts his intentions, makes him in the eyes of the people as a notorious person.

Everything belonging to a Muslim is inviolable for a Muslim; his honor, his blood, and property.

The honor, as the general public understands, is related to the chastity of the woman. No, the show in a person is the subject of praise and slander in it, for a man has an honor, his honor is his reputation, if you slander his honor, you stab his reputation, then you backbite him, so every Muslim is forbidden to a Muslim whose blood, money and honor are forbidden for him. Everyone who treated people and did not oppress them, talked to them and did not deny them, promising them without letting them, for he is one of those who have fulfilled his decency, his justice appeared, his brotherhood is obligated, his backbiting is forbidden, a person who prevailed over his righteousness and covering, that is, his belief is sound, what is known that he didn’t eat forbidden money, didn’t do great sin, this Muslim is predominantly righteous and covering, so he is forbidden to backbite him.:

Forbidding gossip and falsehood:

On the authority of Abu Huraira (Speight: 2000, pp. 265-271) he said: The Messenger of Allah (PBUH) said:

“Avoid jealousy between yourselves, do not outbid one another (with a view to raising the price), do not harbor hatred against one another, do not bear enmity against one another, one of you should not enter into a transaction when the other has already entered into it, and be fellow brothers and slaves of Allah. A Muslim is a Muslim’s brother. He does not wrong, desert, or despise him. Piety is found here (pointing three times to his chest). Despising his Muslim brother is enough evil for any man to do. Every Muslim’s blood, property, and honor are unlawful to be violated by another Muslim.”

This hadith included many verdicts and great benefits for achieving the noble Islamic goal and protecting it from all missteps and defects so that Islamic brotherhood becomes a clear truth, not just words that people are calling.

Ibn Hajar al-Haythami (Kister: 1994, pp. 84-127), may God have mercy on him, said it is a very useful hadith.

Also, the Messenger of God (may God’s prayers and peace be upon him and his family) said: “Avoidsuspicion, for suspicion, is the falsest form of talk.”

The intention is not to leave the work with the assumption that the judgments are most often attached to it, but rather the intention is to let the thought be fulfilled as a result of which the opinion is harmful to what falls in the heart without evidence, that is because the first suspicions are as risks that cannot be pushed, what he cannot do is not required of.

(do not spy): Spying means: following people’s private parts while they are in their privacy. On the authority of Abu Hurairah (Al-Jubouri & Haloob: 2020, pp. 1652-1672), he said: The Messenger of Allah may God’s prayers and peace be upon him, and his family said: “A sign of man's good observance of Islam (his piety) is to keep away from that which does not concern him.”

On the authority of Sa`id ibn Zayd (Hamidullah: 1959, pp. 231-240) on the authority of the Prophet, mayGod bless him and grant him peace, he said: “The most prevalent kind of usury is going to lengths in talkingunjustly against a Muslim's honor.” That is, to speak about his honor, as this is backbiting.

To insult him without justification, to no benefit, out of love for destroying others and standing on their rubble, this is the matter of the fools, like the hypocrites. As for immorality, he always searches for flaws, searches for deficiencies, grows them up, spreads them out, as he is comfortable with them.

On the authority of the Imam Al-Sadiq (Al-Jubouri & Haloob: 2020, pp. 1652-1672), peace be upon him, he said: Whoever narrates about a believer a narration in which he wants his bad and demolishes his reputation for falling him from the eyes of the people, God will remove him from his state to the guardianship of Satan, then Satan will not accept him.

Some of the Imamate jurists went on to say that the backbiting of every Muslim is forbidden, as this was adopted by al-Ardebili the investigator, Sheikh Nasser Makarem Al-Shirazi, as well as saying Muhammad Hussein Fadlallah, it is obligatory in it - if there is no legitimate reason - Mr. Al-Kalbaykani, who is attributed to the second martyr and the investigator al-Khorasani as well (Al-Jubouri & Haloob: 2020, pp. 1652-1672). The second martyr says:

Among the harmful types of backbiting is the backbiting of those who have understanding and knowledge of hypocrites, for they understand what is meant by the character of the people of righteousness and piety, in order to show themselves self-control over backbiting, as they understand the intended and they do not know through their ignorance that they combined the two outrages which are hypocrisy and backbiting, that this is like when a person is mentioned with him and says Praise be to God who has not cursed us with love of leadership or love of the world or adapting to “someone” manner, Or he says: We seek refuge in God from lack of modesty or bad luck, or we ask God to protect us from such-and-such, but merely praise for something if he knows of the narrator’s attribute of what contradicts him, then he backs him with the wording of the supplication with the character of the righteous, rather, his intention is to mention his defect by a variation of speech that includes backbiting and hypocrisy, claiming of salvation from vices, which is the title of falling into them, but rather the most outrageous. He was negligent in acts of worship, but he became lukewarm and afflicted with what afflicts us all, which is a lack of patience, so he mentions himself of slander, as he is intended that he defame others, that he praises himself by imitating the righteous in blaming themselves, so that he is a repugnant hypocritical, approving himself, combining three immoralities, thinking that, with his unknowing, that he is one of the righteous who are forgiving from backbiting. This is how Satan plays with the people of ignorance if they work in knowledge and work without mastering the path, so he follows them and frustrates with his schemes their work, laughs at them, and mocks them.

Mentioning a person’s defect by a person, so that some of the attendees do not pay attention to him, so he says: Glory be to God, what a strange is he until the heedless listens to the slanderer and knows what he is saying, then God glory be to Him, uses his name as a machine in the investigation of his malice and voidness while he blesses God by mentioning Him by his ignorance and arrogance.

To say that such-and-such happened by someone and he is afflicted by such-and-such. Rather, he says such-and-such happened to our friend, may God forgive him and us, the supplication appears for him, suffering, friendship, and companionship, but God is aware of the evil of his intention and the corruption of his conscience, he does not know that, through his unknowing, he has been subjected to greater abhorrence than that which is exposed to unknowing people if they were openly talking about backbiting.

Listening to backbiting by way of exclamation, as for him only appears that the exclamation increases the activity of the backbiter in backbiting, increases it, so it is as if he extracts backbiting from him in this way and says: I was amazed at what you mentioned. I did not know about this until now. I did not know from you about him so, so he wants to believe the backbiter, calling more from him with kindness and believing it as it is backbiting, but listening to it, but silence when hearing it. Al-Qurtubi (Ibrahim et al.:, 2017, pp. 167-174) said: “There is no dispute that backbiting is a major and great sin, that whoever backbites someone has to repent to God Almighty.

Al-Qarafi (Murad: 2004) said: “Backbiting is forbidden because it corrupts the honors.

Al- Shafi’i (Amin: 2014) said: “If backbiting is among the scholars and bearers of the Noble Qur’an, thenit is the greatest.

The jurists 'permitted the backbiting of loudspeakers for his debauchery or his heresy, such as loudspeakers, by drinking alcohol, confiscation of people; taking the max; Unjustly collecting money; assuming false matters, as they said: It is permissible to mention him of what he says overt which it is forbidden to mention it of other faults unless it is permissible for another reason.

Al-Maliki (Zulhuda & Mohamed: 2015, pp. 169-182) detailed the saying: “When the aforementioned, there is no sin in deserting the innovator and the one who professes sins, he stated that their backbiting is not forbidden by saying; There is no forbidden backbiting in these two that may be abandoned, namely: the innovator and the one who professes with his sins in mentioning their condition, so it is permissible to mention them with a statement of their case by saying about the innovator because his belief is invalid because of his contradiction with the Sunnis or someone who is isolated. In the case of the one who professes sins as he insists and doesn’t care about the others, that the backbiting of these two is not permissible unless the heretic is open about his innovation, just as the adulterer is open about his sins, so it is permissible to mention each of what he professes, forbidding to mention him with other faults, unless his permissibility has another aspect.

CONCLUSION

Praise be to God who bestowed, honored, and gave, also blessings and peace be upon our Prophet Muhammad the One, upon his household people and his good and righteous companions and whoever walks and follows his Sunnah and traces it to the Day of Judgment. After the conclusion of this study, it is my pleasure for me to send praise and gratitude to the Almighty, his great authority for his success, and his assistance to me in completing this research, as I ask him, the Almighty, for his bounty and success for what he loves and satisfies.

Whoever wants to purify himself first and his page must monitor his tongue. Because as the One, may God bless him and grant him peace, said: “Is there anything that throws people into the Hellfire upon their faces — or: on their noses — except the harvests of their tongues?” It was also said: “Man is hidden under the fold of his tongue, not under his scarf. Those with insights and those who hope to meet God must see the punishment of this sin and its dire consequences that it leaves on the individual and society, so not stopping the tongue and being exposed to people through backbiting and gossip exposes a person to bankruptcy on the Day of Resurrection. Because backbiting is eating good deeds as fire consumes firewood which is mentioned by sacred texts and narrations from the Messenger (PBUH), also backbiting is leading to the destruction of society.

Finally, we ask God to guide us and give us good thinking about people, to guide us to get rid of our evil selves, for he is the guardian of success.

BIODATA

Yaqdan Sami Muhammad Al-Jubouri: Prof. Dr. Babylon University / College of Islamic Sciences / Department of Jurisprudence and its Foundations. dr. yaqdanSame11@yahoo.com

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