Exceptions of slander

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Who is notorious for debauchery and why slandering about him is permitted? Limits and types of slander

The jurists and ethics scholars agree that there are some cases in which slander is permitted, but they have some dissidence in specifying those cases. This dissidence is sometimes in mentioning the examples and senses, without any difference in the basis of matter, but sometimes it has a spiritual and real aspect.

However, it is concluded from different proofs and documents that slander is permitted in two cases:

a- When there is a more important interest, in which slander, while observing the subject – is permitted and there are various senses for it:

1- In case of consultation, for example when someone wants to transact or participate or marry with the other, and is questioning us. Obviously, it is permitted to reveal hidden faults of the other party as far as they are concerned with the said affair, and relieve the one who seeks consult from the possible risks.

2- In case of forbid of wrong

3- In case of averting innovation of an innovator

4- In case of warning a Moslem about the risk and loss which is awaiting him (though without any consultation)

5- Petition and removal of injustice and restoring right

And in general all cases in which the interest of revealing one's hidden fault is more than its vice in view of religion.

The reason for exception of these subjects is clear, because it relies on a clear intellectual reason that is the principle of important and more important. Moreover, some points are referred to in the verses and traditions in this respect (including petition, removal of injustice, and averting innovation of an innovator).

But the remarkable point in view of ethics is being careful that most often deviations and errors are caused through exceptions and misuse or mistake and negligence in determination of their limits and boundaries. Because no one agrees to violate regulations and commit sins explicitly and clearly, but most people achieve their purposes through pretence to using notes and exceptions, even in most cases, man deceives his conscience in this way, and for getting rid of punishment of conscience, and not hurting his inward and natural character, seeks refuge from these notes and exceptions.

And this is one of the contradictory cases of unaware and aware conscience and conquest of the former over the latter.

So, the advantage of slander should be carefully assessed in these cases while taking into account all features and aspects, and free from any love and hatred and other spites, and then one can deduce its excellence over vice of explicit slander, and do not stain himself to the dangerous slanders under the pretext of available permit.

b- The cases in which slander is permitted without any special advantage, and it is solely restricted to those notorious for debauchery, but although some have included petition in this part, as it was referred, it is one of the cases of existence of more important legal advantage, that is restoring right and preventing injustice of cruel person and supporting right of the oppressed.

In addition to the reason of intellect, there are several traditions narrated by Shiite and Sunnite as the reason for exception of this issue, like:

«عَنْ جَعْفَر عَنْ اَبِیهِ قالَ: ثَلاثَةٌ لَیْسَتْ لَهُمْ حُرْمَةٌ: صاحِبُ هَوىً مُبتَدِعٌ، وَ الاِْمامُ الْجائِرُ، وَ الْفاسِقُ الْمُعْلِنُ الْفِسْقَ».

There are three persons who do not have any respect: one who has innovatory desires, unjust governor, and one who commits sin publicly.(1)

And the same is mentioned in some narrations as follows:

«ثَلاثَةٌ لا غِیبَةَ لَهُمْ: صاحِبُ الْهَوى وَ الْفاسِقُ الْمُعْلِنُ بِفِسْقِهِ، وَ الاِْمامُ الْجائِرُ»

2- And also it is narrated from Prophet S.A. in a tradition:(2)

«لَیْسَ لِفاسِق غِیبَةٌ».

There is no slander for the sinner.(3)

3- And also it is narrated from Prophet S.A. in another tradition:

«مَنْ اَلْقى جِلْبابَ الْحَیاءِ عَنْ وَجْهِهِ فَلا غِیْبَةَ لَهُ»

One who lays aside the veil of modesty, there is no slander for him.(4)

4- There are several traditions in respect to Justice in Vassaelo Shiite. For example, it is narrated from Imam Sadegh A.S.:

«مَنْ عامَلَ النّاسَ فَلَمْ یَظْلِمْهُمْ وَ حَدَّثَهُمْ فَلَمْ یَکْذِبْهُمْ وَ واعَدَهُمْ فَلَمْ یُخْلِفْهُمْ کانَ مِمَّنْ حَرُمَتْ غِیْبَتُهُ وَ کَمُلَتْ مُرُوَّتُهُ وَ ظَهَرَ عَدْلُهُ وَ وَجَبَتْ اُخُوَّتُهُ».

Whosoever is not unjust in transaction with people, and do not lie them in speech, and do not violate them in promise, is among those whose slander is forbidden, his personality is perfect, and his justice is manifest, and brotherhood with him is obligatory.(5)


1- Majlessi, Beharol Anvar, 253/75
2- Ghazali, Ehyaol Oloum
3- Majlessi, Beharol Anvar, 236/75
4-Majlessi, Beharol Anvar, 233/75
5- Horre Ameli, Vassaelo Shiite, volume 5, page 393

 

 

Who is notorious for debauchery and why slandering about him is permitted? Limits and types of slander
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