Understanding The Prophet's Life
From Issue: 713 [Read full issue]
Permissible Ghibah
The Prophet, peace be upon him, is reported to have asked his Companions the following question: 'Do you know what ghibah is?' To this they replied, 'God and His Messenger know best.' Then the Prophet said, 'It is to mention your brother in a way that he would dislike.' A Companion then asked: 'What if that which I say concerning my brother is true?' The Prophet replied saying, 'If what you say is true then you have defamed him [by ghibah], and if he is innocent of what you say, then you have slandered him. [Muslim]
According to An-Nawawi it is permitted to tell the truth even if it technically amounts to ghibah, as a matter of necessity, in order to prevent an evil. Similarly, a witness, a petitioner, or a pleader who reveals the oppressive conduct of another, may speak about the character of a person if this would help the course of justice.
The following instances of permissible ghibah have been recorded in the writings of the ulama:
a) The law requires that judicial decisions be based on reliable evidence, which is why the Shariah makes it a duty of the judge to ascertain the reliability and just character of witnesses. This may in turn necessitate enquiry into the character and personality of the witnesses and entail revealing their weaknesses, even at the expense of indulging in ghibah.
b) The scholars of Hadith have enquired at length into the personality and character of the transmitters of Hadith so as to expose any weakness that might have a bearing on their trustworthiness.
c) Ghibah is permitted with regard to a person who is actively engaged in crime, and who openly declares his sinful activities to others without any attempt at concealing his wrongdoing.
d) Exception of ghibah has also been granted to the victim of an act of injustice to expose the facts of her case and to denounce, if need be, the oppressor and seek help against him.
e) Ghibah is once again permissible if it constitutes an integral part of sincere counsel, or nasiha. For example, it is allowable when someone consults another person as to the character of a prospective spouse, or when an individual proposes a trade partnership with someone and seeks advice about the latter's character.
f) Ghibah is also permitted if it is intended to deter its victim from crime and evil. For example, when we know someone who steals or commits other crimes but manages to keep it all hidden, and we know that he will not be deterred unless the matter is given publicity.
g) If a person is convinced of an impending harm which may threaten the safety and integrity of religion or the state unless a particular person is criticised and denounced in his absence, then the former is permitted to do so.
h) If a person's own life is endangered, then ghibah is permissible if the danger cannot be averted unless someone's weakness of character is exposed and he is openly criticised for it.
i) Lastly, the Shariah permits criticism of the views and opinions of others in pursuit of establishing righteousness and truth, even if this involves exposing a fault in the thought or character of the people concerned.
Compiled From:
"Freedom of Expression in Islam" - Mohammad Hashim Kamali, pp. 119-122