Wednesday, May 13, 2009

Fa(r)twa and more hot air

Shaikh alert (part 387)


Below is an unedited and uncensored ruling regarding the ever-popular Mr Walid el Saadi
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Ruling against slandering Sheikh Walid El Saadi

Spreading rumours without verifying authenticity are among the grave sins such as kufr and murder

Fatwa according to Mufti Ebrahim Desai
Darul Ifta, Camperdown

Question
A letter has been circulating of which you are aware. They contain false allegations about me.

1. I would appreciate it if you would issue a fatwa regarding this sort of slander which;
  • contains information without proof
  • comes from a person that does not disclose his/her name (and remains anonymous)
What is the sha’ri ruling from the Qura’aan and Sunnah towards a person that propagates these rumours?

2. What is the ruling regarding the position of a person who forwards this e-mail from one person to the next?

An excerpt from the blog:
“ A warning to the South African Ummah about a big conman from Lebanon This is a warning to the Muslim community to be careful about dealing with a person who has been ripping us off for a long time. He says that he is a Shaikh from Lebanon. Our investigation shows that this is a big lie. He is NOT a Shaikh or alim. ….”

Mufti Ebrahim Desai’s Fatwa Denounces Slander

Sheikh Walid El Saadi
Assalamualikum Warahmatullahi Wabarakatuhu

We refer to your email of 14 March 2009
At the outset, we wish to state that we have read the blog on which the letter has been published as well as the comments that are posted.

Allah Taa’la has created all human beings equal. There is no virtue and status of any person based on colour, creed or gender. Nabi (صلى الله عليه وسلم ) stated in his farewell sermon
يظ ذُ أحمذ - )ج 51 / ؽ 244)
يَب أَيُّهَب ان بَُّصُ أَلاَ إِ رَثَّكُىِ وَاحِذْ وَإِ أَثَبكُىِ وَاحِذْ أَلاَ لاَ فَضِمَ نِعَزَثِ عَهَ أَعِدَ وَلاَ نِعَدَ عَهَ عَزَثِ وَلاَ لأَحِ زًََ عَهَ أَطِىَدَ وَلاَ أَطِىَدَ عَهَ أَحِ زًََ إِلاَّ
ثِبنزَّمْىَي

O! People verily your Lord is one and your ancestors are one. Behold there is no virtue for an Arab over a non Arab there is no virtue for white over black except in Taqwa (piety)
(Musnad Ahmad Page 244 Vol.51).

Being the citizens of one Ummah, it is important that we strive to sow the seeds of unity rather than being an agent of discord and animosity in the Ummah. One of the driving forces behind animosity and hatred is unfounded perceptions and assumptions. Allah Taa’la advices in the Quraan
يَب أَيُّهَب انَّذِي آَيَ ىُا اخِزَ جُُِىا كَثِيرّا يِ انظَّ إِ ثَعِضَ انظَّ إِثْىْ وَنَب رَدَظَّظُىا وَنَب يَغِزَتِ ثَعِضُكُىِ ثَعِضّب أَيُحِتُّ أَحَذُكُىِ أَ يَأْكُمَ نَحِىَ أَخِي يَيِزّب فَكَزِ زُِْ ىًُ وَارَّمُىا
انهَّ إِ انهَّ رَىَّاةْ رَحِيىْ ) 12 )
O you who believe! Avoid much suspicion. Indeed some suspicions are sins. And spy not, neither backbite one another….(Surah Hujuraat Verse 12)
In one narration Nabi (صلى الله عليه وسلم ) said
صحيح انجخبري - )ج 17 / ؽ 210)
إِيَّبكُىِ وَانظَّ ، فَإِ « حَذَّثَ بَُ يَحِيَ ثِ ثُكَيِزٍ حَذَّثَ بَُ انهَّيِثُ عَ خَعِفَزِ ثِ رَثِيعَخَ عَ الأَعِزَجِ لَبلَ لَبلَ أَثُى زَُْيِزَحَ يَأْثُزُ عَ ان جَُِّ - صه الله عهي وطهى - لَبلَ
انظَّ أَكْذَةُ انْحَذِيثِ ، وَلاَ رَدَظَّظُىا ، وَلاَ رَحَظَّظُىا ، وَلاَ رَجَبغَضُىا ، وَكُى ىَُا إِخِىَا بَّ
“Beware of suspicion, for suspicion is the worst of false tales……..” (Sahih Bukhari 210/17)
Furthermore, apart from sowing discord and disunity in the Ummah, the person spreading false rumours and accusations suffers in the hereafter.

Rasulullah (صلى اله عليه وسلم ) asked the Sahabah do you know who is a pauper. Thereafter he said “a person who would come on the day of Judgement with a lot of good deeds but because he had slandered someone, abused someone, his good deeds would be taken and given to those whom he had oppressed until all his good deeds will become exhausted. He is a pauper in reality.

In view of the above, it is imperative that if any person has been fed with information, it is his/her responsibility to verify the accuracy of that information. Allah Taa’la states
يَب أَيُّهَب انَّذِي آَيَ ىُُا إِ خَبءَكُىِ فَبطِكْ ثِ جَُإٍ فَزَجَيَّ ىُُا أَ رُصِيجُىا لَىِيّب ثِدَهَبنَخٍ فَزُصِجِحُىا عَهَ يَب فَعَهْزُىِ بََدِيِينَ
Translation: O! You, who believe if any information is given to you, verify it lest you would be misguided and regret over your actions (Hujuraat: 6)

The sin of spreading rumours without verifying is authenticity has been mentioned in the Ahaadith. Those who circulate false rumours and publicize wrong information with regards to others are surely guilty of a Kabeera (major sin). In fact Rasulullah (صلى الله عليه وسلم ) has mentioned false rumours among grave sins such as Kufr and murder.
انظ انكبري نهجيهمي - )ج 10 / ؽ 186)
ع ا ضَ طئم رطىل الله صه الله عهي وطهى ع انكجبئز فمبل الاػزان ثبلله وعمىق انىانذي ولزم ان فُض وػهبدح انشور أو لبل ولىل انشور - اخزخب في
انصحيح ي حذيث ػعجخ
Anas Radiallahu Anhu narrates that Rasulullah (صلى اله عليه وسلم ) was asked with regards to the major sins. He replied ascribing partners with Almighty Allah, disobeying parents, killing unjustly, and false testimony (Bayhaqi 186/10)
Apart from spreading false information and rumours, the person conceals his identity so that he may absolve himself from any claim in the public. If the initiator of the rumours is convinced that he is right with regards to his claims, he/she should take the courage and be prepared to challenge his claim. It is indeed an act of cowardice to make a serious allegations and remain anonymous. As a matter of principle, anonymous claims must be dealt with the contempt it deserves and should not be recognized at all.

A person fed with information should do the respectable thing to enquire from the “accused” with regards to the reliability of such information. Experience will bear testimony that 9 out of 10 times when the information is verified with the “accused”, the issues are completely misinterpreted or sometimes false. Upon such clarification, it becomes the incumbent duty of the person to go and caution the original source that such information is unfounded and he/she must desist from slander and falsehood.

The spirit of a Mu’min is to conceal the flaws and faults of a fellow believer. It is unbecoming and does not behove the dignity of a Mu’min to deliberately expose the faults of another Mu’min.
صحيح انجخبري - )ج 9 / ؽ 97)
« انْ ظًُِهِىُ أَخُى انْ ظًُِهِىِ ، لاَ يَظْهِ وَلاَ يُظِهِ ، وَيَ كَب فِ حَبخَخِ أَخِي كَب انهَّ فِ حَبخَزِ ، وَيَ فَزَّجَ عَ يُظِهِىٍ كُزِثَخً فَزَّجَ انهَّ عَ كُزِثَخً يِ كُزُثَبدِ
طزف . » يَىِوِ انْمِيَبيَخِ ، وَيَ طَزَزَ يُظِهِ بًّ طَزَزَ انهَّ يَىِوَ انْمِيَبيَخِ 6951 - تحفخ 6877
“Whoever conceals the fault of a Muslim, Allah will conceal his faults on the day of Qiyaamah” (Sahih Bukhari Hadith # 2242).

In fact Rasulullah صلى اله عليه وسلم encouraged the Sahabah not to indulge in exposing the faults of fellow believers. Consider the Hadith wherein he said
س انجيهم - )ج 2 / ؽ 407)
21696- أَخِجَزَ بََ عَهِ ثِ أَحِ ذًَ ثِ عَجِذَا أَ جََِأَ بََ أَحِ ذًَُ ثِ عُجَيِذٍ انصَّفَّبرُ حَذَّثَ بَُ الأَطِفَبطِ حَذَّثَ بَُ أَحِ ذًَُ ثِ عَجِذِ انهَّ ثِ يُى ضَُ حَذَّثَ بَُ أَثُى ثَكْزِ ثِ عَيَّبعٍ عَ يَب يَعِؼَزَ يَ آيَ ثِهِظَب وَنَىِ يَذِخُمِ الإِيمَب فِ لَهْجِ «: - الأَعِ غًَِ عَ طَعِيذِ ثِ عَجِذِ انهَّ ثِ خُزَيِحٍ عَ أَثِ ثَزِسَحَ لَبلَ لَبلَ رَطُىلُ انهَّ -صه الله عهي وطهى
لاَ رَغِزَبثُىا انْ ظًُِهِ يًِنَ وَلاَ رَزَّجِعُىا عَىِرَارِهِىِ فَإِ يَ رَجِعَ عَىِرَحَ أَخِي انْ ظًُِهِىِ ارَّجَعَ انهَّ عَىِرَرَ وَفَضَحَ وَ ىَُْ فِ ثَيِذ ».
“O! Those who accepted Imaan with their tongues and the Imaan has not reached their hearts, do not backbite fellow Muslims and do not search for their faults for certainly who exposes the faults of others, Allah will expose his faults and disgrace him in his own home” (Bayhaqi 407/2)

Those who have an agenda to defame another Mu’min should stop and ponder a moment on the consequence of their evil intentions. His evil agenda could possibly affect his life and his family’s life for which he will regret in this world and the next.

If a person has concerns regarding a person’s character or dealings, he/she should address these concerns through proper channels and forums with utmost respect and dignity. If a person is genuinely motivated by the spirit of brotherhood and reformation, he would address his concerns in the most dignified way possible and will certainly not resort to foul play in denigrating a person.

If a person has used foul tactics as in the email circulated, that person has violated the right of dignity and will surely be answerable in the court of Almighty Allah. In this instance, apart from the merits or demerits of the accusation, those who have given rise to such filthy tactics are surely guilty of Zulm (oppression) for which they would have to seek forgiveness.

Furthermore, we are privy to intimate information regarding the collection of funds in the name of S.A.R.A (South African Relief Agency). The contents in the defamatory letter are certainly misleading and lack merit.
Those guilty of this sin should make Tawbah for the sin and furthermore go to all those whom he/she had passed that false information to and clarify that the information given to them was incorrect and inaccurate. The acceptance of the Tawbah will be suspended upon him clarifying his inexact position to all those whom he had spoken to or his message has reached.

Anyone who further passes that information on will also be guilty of a sin and will have to follow the procedure mentioned above to have the sin remitted from Allah.

Remember participating and perpetrating such evil could cost you your Akirah. Fear Allah!
Today its someone else, tomorrow you could be the victim!

And Allah Knows Best
Mufti Ebrahim Desai


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