Transliteration:( Yaaa ayyuhal lazeena aamanuj taniboo kaseeram minaz zanni inna ba'daz zanniismunw wa laa tajassasoo wa la yaghtab ba'dukum ba'daa; a yuhibbu ahadukum any yaakula lahma akheehi maitan fakarih tumooh; wattaqul laa; innal laaha tawwaabur Raheem )
33. This means do not be suspicious about your Muslim brothers. If you can extract something beneficial from his word or deed, then do not deduce them to be harmful or evil. It is for this reason that the Islamic scholars have said that if any talk of a believer contains 99% infidelity and 1% faith, do not label him an infidel on the basis of this 1% faith.
34. You should remember that some types of suppositions are obligatory, like to have good ideas regarding Allah Almighty that He, out of His Bounty, will forgive sinners like us. Some conjectures are desirable, e.g. having good thoughts about your believing brother; some suspicions are forbidden, eg. having thoughts about Allah Almighty that He will never forgive me.
35. This means to search for the hidden defects of the believers, which Almighty Allah had concealed through His Kindness because you, too, have many hidden defects in you. Conceal the faults of others, so that yours can be concealed. Therefore, search and identify your own faults and weaknesses and repent.
36. It should be remembered that to disclose people's defects, which they possess, in their absence, is backbiting. However, sometimes this is permissible as well as forbidden. There are a few conditions when it is forbidden:
1. The person about whom you are backbiting is a believer.
2. That person is not just any common person.
3. That the defect you are speaking of is really found in him, if not, then that becomes slander.
4. That the defect should not be found openly in him.
5. That there should not be any religious need to disclose that defect.Thus, disclosing the defects and faults of an infidel is permissible. This is also permissible about an unstipulated person. To disclose the defects of an open drunkard and a continuous sinner is permissible, whose vices are known to all.
For the commentators of Hadith to point out the defects of the chain of narrators, or to point out the faults of the students to the teacher, or to safeguard someone from the vices of the wretched persons are all permissible
41. Reason for its Revelation as there religious need to do so.
37. Backbiting is likened to the dead brother for several reasons:
1. Backbiting is a sin, which is tasteless and useless, like eating the flesh of the dead brother. Adultery and usury are sins, but in adultery there is physical taste, while with usury there is some financial gain.
2. Backbiting is a very mean and indecent act, which is abhorred by the human soul.
12. O you who believe! Avoid much suspicion; indeed some suspicion is sin. And spy not, neither backbite one another. Would one of you like to eat the flesh of his dead brother You would hate it. And have Taqwa of Allah. Verily, Allah is the One Who forgives and accepts repentance, Most Merciful.
Allah the Exalted forbids His faithful servants from being suspicious, which includes having doubts and suspicions about the conduct of one’s family, relatives and other people in general. Therefore, Muslims are to avoid suspicion without foundation. The Leader of the faithful `Umar bin Al-Khattab said, “Never think ill of the word that comes out of your believing brother’s mouth, as long as you can find a good excuse for it.†Malik recorded that Abu Hurayrah, may Allah be pleased with him, said that Allah’s Messenger said,
(Beware of suspicion, for suspicion is the worst of false tales; do not spy on one another; do not look for other’s faults; do not be jealous of one another; do not envy one another; do not hate one another; and do not desert (shun) one another. And O Allah’s servants! Be brothers!) The Two Sahihs and Abu Dawud recorded this Hadith. Anas said that the Messenger of Allah said,
(Do not shun each other; do not ignore one another; do not hate one another, and do not envy one another, and be brothers, O servants of Allah. No Muslim is allowed to shun his brother for more than three days.) Muslim and At-Tirmidhi collected this Hadith, who considered it Sahih. Allah said,
(And spy not), on each other. Tajassus, usually harbors ill intentions, and the spy is called a Jasus. As for Tahassus (inquiring) it is usually done for a good reason. Allah the Exalted and Most Honored said that Prophet Ya`qub said,
(“O my sons! Go you and inquire (Tahassasu) about Yusuf and his brother, and never give up hope of Allah’s mercy.â€) (12:87) Both of these terms, `Tajassus’ and `Tahassus’ could have evil connotations. In the Sahih it is recorded that the Messenger of Allah said,
(Neither commit Tajassus nor Tahassus nor hate each other nor commit Tadabur. And be brothers, O servants of Allah.) Al-Awza`i said, “Tajassus means, to search for something, while Tahassus means, listening to people when they are talking without their permission, or eavesdropping at their doors. Tadabur refers to shunning each other. †Ibn Abi Hatim recorded this statement. Allah the Exalted said about backbiting;
(neither backbite one another), thus prohibiting it, which was explained in a Hadith collected by Abu Dawud that Abu Hurayrah said, “It was asked, `O Allah’s Messenger! What is backbiting’ He said,
(Mentioning about your brother in a manner that he dislikes.) He was asked, `What if my brother was as I mentioned’ He said,
(If he was as you mentioned, you will have committed backbiting. But if he was not as you say about him, you will have falsely accused him.)†At-Tirmidhi collected this Hadith and said “Hasan Sahih.†Backbiting was sternly warned against, and this is why Allah the Exalted and Most Blessed compared it to eating the flesh of a dead human being,
(Would one of you like to eat the flesh of his dead brother You would hate it.) Just as you hate eating the flesh of a dead person, on account of your nature; so hate backbiting, on account of your religion. The latter carries a punishment that is worse than the former. This Ayah seeks to discourage people from backbiting and warns against it. The Prophet used these words to discourage taking back a gift that one gives to someone,
(He is just like the dog that eats its vomit.) after saying,
(Ours is not an evil parable.) Using various chains of narration, the Sahihs and Musnads record that the Prophet said during the Farewell Hajj:
(Verily, your blood, wealth and honor are as sacred among you as the sanctity of this day of yours, in this month of yours, in this town of yours.) Abu Dawud recorded that Abu Hurayrah said that the Messenger of Allah said,
(All of the Muslim is sacred to the Muslim, his wealth, honor and his blood. It is evil enough for someone to belittle his Muslim brother.) At-Tirmidhi collected this Hadith and said “Hasan Gharib.†Al-Hafiz Abu Ya`la recorded that a cousin of Abu Hurayrah said, “Ma`iz came to the Messenger of Allah and said, `O Allah’s Messenger! I have committed adultery,’ and the Messenger turned away from him until Ma`iz repeated his statement four times. The fifth time, the Prophet asked him,
(Have you committed adulteryØŸ) Ma0 iz said, Yes. The Prophet asked,
(Do you know what adultery means) Ma`iz said, `Yes. I have illegally done with her what a husband legally does with his wife.’ The Prophet said,
(What do you seek to accomplish by this statement) Ma`iz said, `I intend that you purify me.’ The Prophet asked,
(Have you gone into her just as the stick goes into the kohl container and the rope goes into the well) Ma`iz said, `Yes, O Allah’s Messenger!’ The Prophet commanded that Ma`iz be stoned to death and his order was carried out. The Prophet heard two men saying to one another, `Have you not seen the man who had Allah cover his secret, but his heart could not let him rest until he was stoned to death, just as the dog is stoned’ The Prophet continued on and when he passed by the corpse of a donkey, he asked,
(Where are so-and-so Dismount and eat from this donkey.) They said, `May Allah forgive you, O Allah’s Messenger! Would anyone eat this meat’ The Prophet said;
(The backbiting you committed against your brother is worse as a meal than this meal. By He in Whose Hand is my soul! He is now swimming in the rivers of Paradise.)†This Hadith has an authentic chain of narration. Imam Ahmad recorded that Jabir bin `Abdullah said, “We were with the Messenger of Allah when a rotten odor was carried by the wind. The Messenger of Allah said,
(Do you know what this odor is It is the odor of those who backbite people.)â€
Allah the Exalted and Most Honored said,
(And have Taqwa of Allah), that is, regarding what He has commanded you and forbidden for you. Fear Him and beware of Him,
(Verily, Allah is the One Who forgives and accepts repentance, Most Merciful.) He forgives those who repent to Him, is merciful with those who go back to Him and trust in Him. The majority of scholars have stated that repentance for committing the sin of backbiting is that one refrains from backbiting intending not to repeat it again. There is a difference of opinion if whether feeling remorse is required in this case, and also if one should apologize to those who he has backbitten. Some scholars stated that it is not necessary for one to ask those whom he has backbitten to forgive him, because if they knew what was said about them, they could be hurt more than if they were not told about it. It is better, they said, that one should praise those whom he has backbitten in audiences in which he has committed the act. It is also better if one defends the injured party against any further backbiting, as much as one can, as recompense for his earlier backbiting.
24. What is forbidden is not conjecture as such but excessive conjecture and following every kind of conjecture, and the reason given is that some conjectures are sins. In order to understand this command, we should analyze and see what are the kinds of conjecture and what is the moral position of each.
One kind of conjecture is that which is morally approved and laudable, and desirable and praiseworthy from religious point of view, e.g. a good conjecture in respect of Allah and His Messenger and the believers and those people with whom one comes in common contact daily and concerning whom there may be no rational ground for having an evil conjecture.
The second kind of conjecture is that which one cannot do without in practical life, e.g. in a law court a judge has to consider the evidence placed before him and give his decision on the basis of the most probable conjecture, for he cannot have direct knowledge of the facts of the matter, and the opinion that is based on evidence is mostly based on the most probable conjecture and not on certainty. Likewise, in most cases when one or the other decision has to be taken, and the knowledge of the reality cannot possibly be attained, there is no way out for men but to form an opinion on the basis of a conjecture.
The third kind of conjecture, which is although a suspicion, is permissible in nature, and it cannot be regarded as a sin. For instance, if there are clear signs and pointers in the character of a person (or persons), or in his dealings and conduct, on the basis of which he may not deserve to enjoy one’s good conjecture, and there are rational grounds for having suspicions against him, the Shariah does not demand that one should behave like a simpleton and continue to have a good conjecture about him. The last limit of this lawful conjecture, however, is that one should conduct himself cautiously in order to ward off any possible mischief from him; it is not right to take an action against him only on the basis of a conjecture.
The fourth kind of conjecture which is, in fact, a sin is that one should entertain a suspicion in respect of a person without any ground, or should start with suspicion in forming an opinion about others, or should entertain a suspicion about the people whose apparent conditions show that they are good and noble. Likewise, this also is a sin that when there is an equal chance of the evil and goodness in the word or deed of a person, one should regard it as only evil out of suspicion. For instance, if a gentleman while leaving a place of assembly picks up another one’s shoes, instead of his own, and we form the opinion that he has done so with the intention of stealing the shoes, whereas this could be possible because of oversight as well, there is no reason for adopting the evil opinion instead of the good opinion except the suspicion.
This analysis makes it plain that conjecture by itself is not anything forbidden; rather in some cases and situations it is commendable, in some situations inevitable, in some permissible up to a certain extent and un-permissible beyond it, and in some cases absolutely unlawful. That is why it has not been enjoined that one should refrain from conjecture or suspicion altogether but what is enjoined is that one should refrain from much suspicion. Then, to make the intention of the command explicit, it has been said that some conjectures are sinful. From this warning it follows automatically that whenever a person is forming an opinion on the basis of conjecture, or is about to take an action, he should examine the case and see whether the conjecture he is entertaining is not a sin, whether the conjecture is really necessary, whether there are sound reasons for the conjecture, and whether the conduct one is adopting on the basis of the conjecture is permissible. Everyone who fears God will certainly take these precautions. To make his conjecture free and independent of every such care and consideration is the pastime of only those people who are fearless of God and thoughtless of the accountability of the Hereafter.
25. “Do not spyâ€: Do not grope after the secrets of the people: do not search for their defects and weaknesses: do not pry into their conditions and affairs. Whether this is done because of suspicion, or for causing harm to somebody with an evil intention, or for satisfying one’s own curiosity, it is forbidden by the Shariah in every case. It does not behoove a believer that he should spy on the hidden affairs of other people, and should try to peep at them from behind curtains to find out their defects and their weaknesses. This also includes reading other people’s private letters, listening secretly to private conversation, peeping into the neighbor’s house, and trying to get information in different ways about the domestic life or private affairs of others. This is grave immorality which causes serious mischief in society. That is why the Prophet (peace be upon him) once said in an address about those who pry into other people’s affairs:
O people, who have professed belief verbally, but faith has not yet entered your hearts: Do not pry into the affairs of the Muslims, for he who will pry into the affairs of the Muslims, Allah will pry into his affairs, and he whom Allah follows inquisitively, is disgraced by Him in his own house. (Abu Daud).
Muawiyah says that he himself heard the Prophet (peace be upon him) say: If you start prying into the secret affairs of the people, you will pervert them, or at least drive them very near perversion. (Abu Daud). In another he said: When you happen to form an evil opinion about somebody, do not pry about it. (Al-Jassas, Ahkam al-Quran).
According to still another Hadith, the Prophet (peace be upon him) said: The one who saw a secret affair of somebody and then concealed it is as though he saved a girl who had been buried alive. (Al-Jassas).
This prohibition of spying is not only applicable to the individuals but also to the Islamic government. The duty of forbidding the people to do evil that the Shariah has entrusted to the government does not require that it should establish a system of spying to inquire too curiously into the people’s secret evils and then punish them, but it should use force only against those evils which are manifested openly. As for the hidden evils spying is not the way to reform them but it is education, preaching and counseling, collective training of the people and trying to create a pure social environment. In this connection, an incident concerning Umar is very instructive. Once at night he heard the voice of a person who was singing in his house. He became curious and climbed the wall. There he saw wine as well as a woman present. He shouted at the man, saying: O enemy of God, do you think you will disobey Allah, and Allah will not expose your secret? The man replied: Do not make haste, O commander of the faithful: if I have committed one sin, you have committed three sins: Allah has forbidden spying, and you have spied; Allah has commanded that one should enter the houses by the doors, and you have entered it by climbing over the wall; Allah has commanded that one should avoid entering the other people’s houses without permission, and you have entered my house without my permission. Hearing this reply Umar confessed his error, and did not take any action against the man, but made him to promise that he would follow the right way in future. (Abi Bakr Muhammad bin Jafar al- Kharaiti, Makarim al-Akhlaq). This shows that it is not only forbidden for the individuals but also for the Islamic government itself to pry into the secrets of the people and discover their sins and errors and then seize them for punishment. The same thing has been said in a Hadith in which the Prophet (peace be upon him) has said: When the ruler starts searching for the causes of suspicions among the people he perverts them. (Abu Daud).
The only exception from this command are the special cases and situations in which spying is actually needed. For instance, if in the conduct of a person
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