Analyzing and Criticizing the Proofs of Lawfully Admissibility of Backbiting Religious Opponents

Subject Areas : Private law

Ali Mohammadian ¹ , Mohammadreza Elmi ² , Mohammadtaghi Fakhlaei ³

1 - مشهد
2 - فردوسی مشهد
3 - فردوسی مشهد

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: Faith, Islam, Opponent, Backbiting, Believer,

Abstract :

Among the challenges of our modern time which have occupied the many religious people's mind, the amount of veneration and respect of the holy Canon of Islam to religious opponents is important. The cause of appearance of such questions is issuance of some rare Fatwas in this domain which are sometimes invigorated by the support of majority of the jurisprudents. One of these challenging Fatwas which can be seen in many jurisprudential books is the one that permits backbiting religious opponents. Majority of jurisprudents has considered "being a believer" as the criterion of prohibition of backbiting. The writer has concluded that the presented proofs for the mentioned Fatwa are not sufficient for proving the claim. The writer believes it is not canonically valid to consider "being a believer" as a provision in the victim for prohibition of backbiting. This point of view is against the view of the majority though, but some of recent scholars have approved it. Furthermore, this viewpoint is compatible with the wide contextual meaning of the main proofs of this jurisprudential domain and the primary maxims of the prohibition of the backbiting. d out, and in case they are ignorant of the object of transaction, i.e., of what they are going to sell or buy, the transaction of this kind is hazardous, and thus invalid and prohibited by the Islamic Law. In the prophetic hadith we read: “the Messenger of Allah [Prophet Muhammad], may peace be upon him, prohibited a transaction that is hazardous.”