النص المفهرس

121
Surah Al-Hujurat : 49 : 6
Ruling
On the basis of this verse, it may be ruled that if a mischief-monger,
sinner, wicked or corrupt person complains about any person or nation, or
accuses them of any wrong-doing, it is not lawful to act upon the sole
information or evidence of such a person without making a thorough
investigation.
Injunctions and Rulings Related to Verse [6]
Imam Jassaș in Ahkam-ul-Qur'an says that this verse indicates that it
is not lawful to accept any information conveyed by a sinful person and
act upon it unless it is investigated by other sources and confirmed. This
verse contains the injunction fatabayyanu (verify its correctness). In
another reading the word 'tathabbatu' conveys the same meaning. The
sense is: "Do not rush into taking actions or measures; be stable, and
stand firmly in your place; and do not be easily moved or shaken. Wait
until the news or information is confirmed by other independent sources.
Since it is not lawful to accept the information or report of an ungodly
sinful person, then the testimony of such a person would not be
acceptable with greater force, because every testimony is a statement
which is confirmed by a kind of oath.
Therefore, according to majority of scholars a statement or evidence of
an ungodly person, in terms of Shari'ah, is not acceptable. However, all
scholars agree that as far as the common worldly affairs are concerned, it
is not necessary to ascertain the accuracy or truth of every news and the
reliability of every informer. The jurists are clear that this rule of law does
not apply in the case of ordinary matters, because the rule is governed by
an effective cause which is laid down in the explicit text of this verse: 31
lest you harm a people out of ignorance - 49:6). Thus) تُصِيبُوا قَوْمًا بِجَهَالَةٍ
matters which are not governed by the effective cause will be an
exception to, and excluded from, the rule of this verse. For instance, if a
wicked person, or for that matter even an unbeliever, delivers a gift to
someone, stating that this gift has been sent by a certain person, it would
be lawful to accept the gift and the statement. Details may be found in
books of Figh, such as in mu'in-ul-hukkam and others. I have given the
details in part six of Ahkam-ul-Qur'an [Arabic version]. Learned scholars
may peruse them there.

122
Surah Al-Hujurat : 49 : 6
An Important Question and Answer Regarding the Truthfulness
of the Companions
Authentic Ahadith verify that this verse was revealed in connection
with Walid Ibn 'Uqbah, and in the verse he is referred to as fasiq (sinner).
Apparently, it goes to show that a sahabi (Companion) can be a fasiq.
والصّحابة كلّهم عدول This is in conflict with the universally established maxim
(the Companions are all truthful and reliable). None of their statements,
reports or testimony can be doubted. 'Allamah 'Alusi in Ruh-ul- Ma'ani
says that the truth of the matter is according to the majority of the
scholars, the blessed Companions are not infallible; it is possible for them
to commit sins - major sins which is fisq; at the time of committing the sin
they will be dealt with in the appropriate manner in terms of the
punishment prescribed for that act; and if any of them is found guilty of
lying, his news, information, report or testimony will be rejected.
However, on the basis of the express texts of the Qur'an and Sunnah,
Ahl-us-suunah wal-Jama'ah believe that Companion can, though,
commit sins, they do not persist in it. There is no companion of the Holy
Prophet
who has not repented and purified himself after committing a
sin. The Qur'an, referring to the general class of the Companions,
announces in general terms ◌ُرَضِىَ اللهُ عَنْهُمُ وَرَضُوا عَنْه ( ... Allah is well-pleased
with them and they are well-pleased with Him - 98:8). The pleasure of
Allah is not possible without forgiveness of sins. Qadi Abu Ya'la says that
Allah's pleasure is one of His eternal attributes. He expresses His pleasure
only for those about whom He knows they will die whilst seeking His
pleasure (Ibn-Taimiyyah in Aş-şarim-ul-Maslul).
In sum: From amongst the magnificent group of the noble
Companions, it is possible for a handful of them to commit a sin sometime
or the other, but Divine aid comes to their rescue and they immediately
repent. Through the blessing of the Holy Prophet's
company, Allah
had made Shari'ah their nature. As result, it was very rare for them to do
anything contrary to Shari'ah and very unlikely to commit sins. It was
natural for them to dedicate themselves to performing righteous deeds in
conformity with the Holy Prophet's
paradigm and the principles
established by Islam. They exerted such efforts in obeying Allah and His
Holy Prophet
¿ in all matters of life, the example of which is never found
in any of the previous religious communities. In comparison to the

123
Surah Al-Hujurat : 49 : 6
uncountable good works, merits and excellence to their credit, even if they
commit a sin once in a life-time, it would be quashed or would be counted
as non-existent. Furthermore, hadith collections record a number of
incidents where the noble Companions expressed their supreme love and
devotion for Allah and His Holy Prophet
They expressed their highest
degree of fear for Allah at the time of committing the most minor sins and
repented forthwith. We have on record that some of the Companions
presented themselves for punishment when they did something wrong
and others tied themselves up to the column of the mosque; and so on. A
hadith informs us that "He who repents on a sin is like him who has not
committed any sin". The Qur'an says:
إِنَّ الْحَسَنْتِ يُذْهِبُنَ السَّاتِ
Surely, good deeds erase bad deeds. [Surah Hud: 114]
This rule applies to them with greater force, since their good deeds are
not like the good deeds of the general class of people. In fact, the status of
their good deeds has been described in the collections of Abu Dawud and
Tirmidhi on the authority of Said Ibn Zaid
والله لمشهد رجل منهم مع النّبيّ صلى الله عليه وسلّم يغبّر فيه وجهه خير من
عمل احدكم ولو عمر عمر نوح
"By Allah, anyone of them who participated in a jihad with the
Holy Prophet and his face got covered with dust is better
than your life-long obedience and worship, even if you attained
the age of Nuh cel."
Therefore, they will receive the same punishment that is prescribed
for a sin or crime which they might have committed. However, despite this
it is not lawful for any of us to regard any of them as fasiq. Consequently,
if any Companion during the time of the Holy Prophet
committed a sin
or crime which could be the cause of producing in him the effect of fisq, as
a result of which he might have been referred to as a fasiq on that
account, it does not become possible for that fisq to be regarded as his
permanent characteristic to call him, God forbid!, as a fasiq for all times to
come (Rūp-ul-Ma'ani).
Nevertheless, it is not at all necessary that in the current verse, Walid
Ibn 'Uqbah is categorically referred to as fasiq. Despite the fact that the

124
Surah Al-Hujurat : 49 : 7 - 8
verse is supposed to have been revealed in his incident, it does not mean
that the word 'fasiq' is used for him, because before this incident, Walid
Ibn 'Uqbah had not done any such thing on account of which he could be
referred to as fasiq. An analysis of the incident of Banul-Mustaliq
indicates that he conveyed an incorrect information about that tribe
which, acting in good faith, he thought was true whereas in reality it was
not. Therefore, the plain import of the current verse would be that it
simply establishes the general rule that the news conveyed by a fasiq
would be unacceptable. However, it may be emphasized that Walid Ibn
'Uqbah was not a fasiq, but his information, because of strong external
context, did not seem acceptable. As a result, the Holy Prophet
refrained from taking any measures merely on his information, and sent
Khalid Ibn Walid 4
for proper investigation. If this is the case of the
news conveyed by a bona fide reliable and righteous person, then with
the stronger reason a fasiq's news should be rejected and should not be
acted upon. The truthfulness of the Companions is discussed fully by this
author in his book "The Status of the Companions" which is already
published in Urdu. It will partly be discussed under forthcoming verses
9-10.
Verses 7 - 8
وَاعْلَمُوْآ أَنَّ فِيْكُمْ رَسُولَ اللهِ ، لَوْ يُطِيعُكُمْ فِىْ كَثِيْرٍ مِّنَ الْأَمُرِ
لَعَنْتُمْ وَلكِنَّ اللّهَ حَبَّبَ إِلَيْكُمُ الْإِيْمَانَ وَزَيَّنَهُ فِىُ قُلُوُبِكُمْ وَ كَرَّةَ
إِلَيْكُمُ الْكُفْرَ وَالْفُسُوْقَ وَالْعِصْيَانَ أُولَئِكَ هُمُ الرُّشِدُونَ ﴿٢﴾
فَضْلًا مِّنَ اللهِ وَنِعُمَةً وَاللهُ عَلِيمٌ حَكِيمٌ ﴿1﴾
And know that among you there is the Messenger of
Allah. If he obeys you in many a matter, you will
certainly fall into hardship. But Allah has endeared to
you the Faith, and caused it to look beautiful to your
hearts, and made detestable to you the disbelief and
sins and disobedience. Such people are rightly guided,
[7] as a grace from Allah, and as a blessing. And Allah is
All-Knowing, All-Wise. [8]
The Holy Prophet's
Decision is Better
According to the previous verse, Walid Ibn 'Uqbah reported that

125
Surah Al-Hujurat : 49 : 9 - 10
Banul-Mustaliq had turned apostate and refused to pay Zakah. At this
the blessed Companions were disturbed and infuriated. They expressed
the view that jihad should be declared on them immediately, but the Holy
Prophet
rejected his report on the basis of strong circumstantial
evidence to the contrary. He sent Khalid Ibn Walid
» for investigation.
In the foregoing verse, the Qur'an enjoined that if there are strong
reasons to doubt the report conveyed by any person, it is not lawful to act
upon it before investigation. In this verse the noble Companions are given
one more guideline: 'Although when you heard the news about
Banul-Mustaliq's apostasy, you reacted the way you reacted, and that
was on account of your religious zeal and enthusiasm, yet your view was
not right and proper. The decision taken by the Holy Prophet
proved to
be better (Mazhari). Thus in matters requiring consultation it is proper to
express a view but it is not proper for you to exert efforts to get the Holy
Prophet
to act upon your opinion. Although there is a rare possibility
that an opinion expressed by the Holy Prophet $
¿in some worldly matters
comes to be against worldly expedience, and this is not contrary to the
station of his prophethood, yet Allah has gifted him with such insight,
perspicacity and discernment which you do not have. Therefore, if the
Holy Prophet
were to follow your opinion, in many matters, you will
suffer loss and fall into difficulties. If rarely ever your opinion is right or
proper, it is still better to abandon your opinion and obey the Holy
Prophet g. By doing so it is possible that you may suffer some worldly
loss, but it would not be as harmful as his following your opinion. In this
case, even if you suffer any worldly loss, the reward of obedience to the
Holy Prophet
¿ is a better compensation.
Lexically, the word e is derived from che and it connotes "to commit
a sin or crime" and it also means "to suffer from hardship". In this context,
both connotations appropriately fit (Qurtubi).
Verses 9 - 10
وَإِنْ طَآئِفَتْنِ مِنَ الْمُؤْمِنِيْنَ اقْتَتَلُوا فَأَصُلِحُوا بَيْنَهُمَا " فَإِنُ بَغَتْ
إِحْدَهُمَا عَلَى الْأُخْرِى فَقَاتِلُوا الَّتِىُ تَبْغِىُ حَتّى تَفِىِّءَ إِلَى أَمْرِ اللهِّ
فَإِنْ فَآءَتُ فَأَصْلِحُوا بَيْنَهُمَا بِالْعَدْلِ وَأَقْسِطُوا إِنَّ اللهَ يُحِبُّ

126
Surah Al-Hujurat : 49 : 9 - 10
الْمُقْسِطِيْنَ ﴿٩﴾ إِنَّمَا الْمُؤْمِنُوْنَ اِخْوَةٌ فَصْلِحُوا بَيْنَ آَخَوَيْكُمُ ◌َ
وَاتَّقُوا اللَّهَ لَعَلَّكُمُ تُرُحَمُونَ ﴿٢﴾
And if two groups of the believers fight each other, seek
reconciliation between them. And if one of them
commits aggression against the other, fight the one that
commits aggression until it comes back to Allah's
command. So if it comes back, seek reconciliation
between them with fairness, and maintain justice.
Surely Allah loves those who maintain justice. [9] All
believers are but brothers, therefore seek reconciliation
between your two brothers, and fear Allah, so that you
may be blessed with mercy. [10]
Linkage
In the foregoing verses the rights of the Prophet
were set out. They
also laid down the mannerism in which he should be treated. The verses
prohibited any act that would annoy or hurt him. Now this set of verses
[9-10] establishes the manners, mores, injunctions, and mutual rights and
obligations to be observed in individual and social life. The common value
of all these rules is to avoid causing any inconvenience to the members of
the society.
Occasion of Revelation
The commentators have narrated several incidents as a background of
the revelation of these verses. Among them is the clash that took place
between two Muslim groups. It is not inconceivable that the totality of
these incidents might have been the occasion of revelation. It is also
possible that one of these incidents has been the cause of revelation and
the other incidents, being similar, were also termed as the occasion of
revelation.
Although the immediate addressees of this verse are rulers and those
in authority who have the means to fight and wage war, [as stated by Abu
Hayyan in Al-Bahr and preferred by 'Alusi in Ruh-ul-Ma'ani] all Muslims are
addressed in this verse indirectly to assist those in authority in this
matter. Where there is no leader, 'amir, king or president, the rule is that
the two warring parties should be advised, as far as possible, to cease war.
If this is not possible, common people are ordered to stay away from both
warring groups: they should neither oppose nor aid any one of them.

127
Surah Al-Hujurat : 49 : 9 - 10
[Bayan-ul-Qur'an].
Related Issues and Injunctions
There are several forms of mutual fighting between two Muslim
parties: [1] both parties are subjects of a Muslim government; [2] neither
of the parties is the subject of a Muslim government; [3] one of the parties
is the subject of a Muslim government, but not the other. In the first case,
it is compulsory for common Muslims to bring about an understanding
between them and try to stop the mutual fighting. If they do not cease
fighting by negotiations, then it is imperative for the Muslim ruler to take
measures against them. If both parties cease fighting by the intervention
of the Islamic government, then the laws of retaliation, retribution and
blood-wit will apply. If they do not cease, then both parties will be treated
like rebels. If one of the parties withdrew and the other persisted in
oppression and transgression, then the persistent group will be treated
like a rebel group. The obedient group will be designated as "Adil" (just).
The detailed laws pertaining to rebels may be perused in books of Islamic
law. Briefly, the law comprehends the following: Before fighting, their
weapons must be seized and confiscated. Then they must be arrested and
kept in prison until they repent. Neither in the course of fighting nor after
fighting should their children be enslaved. Their wealth should not be
treated like the spoils of war. In fact, their wealth will be held in trust
until they repent. After repentance their belongings will be returned to
them. In the above verses, we come across the following directive:
فَإِنْ فَآءَتُ فَاصْلِحُوا بَيْنَهُمَا بِالْعَدُلِ وَأَقْسِطُوا
' ... So if it comes back, seek reconciliation between them with.
fairness, and maintain justice.' [49:9]
It means that if the belligerent party ceases fighting, then do not only
stop fighting but also think about eliminating the cause of war and
mutual dissatisfaction, so that the heart-burnings may come to an end.
All enmity and hostilities will thus cease and an atmosphere of
brotherhood may prevail for all times to come. Since these people have
fought against the Muslim ruler, it was possible that they would not be
treated by him equitably. Therefore, the Qur'an lays stress on setting
things right between them equitably and justly, so that the rights of no
one are violated [Adapted from Bayan-ul-Qur'an with reference to Hidayah].

128
Surah Al-Hujurat : 49 : 9 - 10
Ruling
If a very powerful group of Muslims revolts against the Muslim ruler,
then it is necessary for the ruler to first hear out their complaint or cause
of their dissatisfaction. If a doubt or a misunderstanding has arisen in
their mind about some matter, it should be removed. If they show such
cause on the basis of which it is permissible in Shari'ah to oppose a
Muslim leader or ruler, like unjust behavior on the part of the
government, it is essential for the general body of Muslims to assist the
group, so that the leader or ruler may refrain from his tyranny, provided
that his tyranny is proved beyond any shadow of doubt (Ibn-ul-Humam;
Mazhari). If they cannot show any clearly legitimate reason for their
dissatisfaction, revolt, disobedience, and waging war against the Muslim
ruler, it is permitted for Muslims to wage war against the rebels. Imam
Shafiq رحمه الله تعالى held that the Muslims should not initiate fight against
the rebels unless they first start the fight [Mazhari]. This law applies when
it is positively and unquestionably clear that the group is rebellious.
However, if it is difficult to determine which group is rebellious and which
is just, because each party has a valid Shari argument to justify its
course of action, then the pros and cons of both parties may be weighed to
determine the party that is "just" on the principle of probability. If the
juristic argument of one party seems to someone more convincing, it is
permitted for him to assist such a group. If someone cannot prefer the
standpoint of any one of them, he should remain neutral, as it happened
in the civil wars of the Battle of Camel and the Battle of Siffin when
many noble Companions remained aloof.
Conflicts of the Noble Companions
Imam Abu Bakr Ibn-ul-'Arabi says that this verse of battle between
Muslims covers all cases. It includes the case where both parties prepare
for war on grounds of a principle of Shari'ah. Civil wars of the noble
Companions
were of this nature. Qurtubi, quoting this view of
Ibn-ul-'Arabi, explains the actual situation of the Battle of Camel and the
Battle of Siffin and gives guidelines for later generations of Muslims to
follow in the light of the battles of the blessed Companions. This author
has dealt with this subject in "Ahkam-ul-Qur'an" in Arabic and his Urdu
book "Maqame-Şahabah". The summary of the discussion given in that
book with reference to Qurtubi (V.16, P.322) is as follows:
It is not permitted to attribute categorically, and with certainty,

129
Surah Al-Hujurat : 49 : 9 - 10
to any of the Companions that he was absolutely wrong in his
action, because each of them acted according to his own Ijtihad.
Their objective was to seek the pleasure of Allah. The
Companions are all our leaders, and it is enjoined upon us that
we should hold back our tongue from talking about their
mutual differences, and always speak the best things about
them. Prophet's companionship is a highly honourable position
which should not be violated. The Holy Prophet % has
prohibited to revile them or talk bad about them, and informed
us that they have been forgiven and that Allah is pleased with
them. Besides, there is the Hadith regarding Sayyidna Talhah
reaching us through several transmitting authorities that:
انّ طلحة شهيد يمشى على وجه الارض
"Talhah is a martyr walking on the face of the earth."
If Sayyidna Talhah 4
e was committing a clear sin by going out to
wage war against Sayyidna 'Ali 4%, he could not attain the high status of
a martyr. In the same way, if his act might be regarded as a failure to
perform his duty on the basis of a clearly wrong interpretation, he would
still not attain the status of martyrdom. Martyrdom is attained only when
a person is killed in obedience of Allah. Therefore, it is necessary to
construe the matter of the Companions in terms of the principle
mentioned above.
Another proof of this is available in authentic and well-established
Ahaadith which are reported by Sayyidna 'Ali 4
himself where the Holy
Prophet
said: "The killer of Zubair is in Hell." Furthermore, Sayyidna
'Ali 4% reports that the Prophet
said: "Give news to the killer of
Sayyidah Safiyyah's رضى الله عنها son that he will be in Hell." In the light of
this we need to believe that Sayyidna Zubair 4
and Sayyidna Țalhah
were not sinners or disobedient to Allah in the position taken by them
in the battle. Otherwise the Holy Prophet
would not have referred to
Sayyidna Țalhah
as a martyr, nor would he predict about the killer of
Zubair that he would be in Hell. Also, he is counted among the ten who
were given the glad tidings of attaining Paradise. Traditions relating to
this subject have almost reached the grade of continuity [tawatur] and
the Traditions are referred to as hadith mutawatir.
Likewise the noble Companions, who did not participate in the battles
on either side, cannot be regarded as defaulters because their behaviour,

130
Surah Al-Hujurat : 49 : 9 - 10
conduct and attitude in this matter was also based on their ijtihad, and
Allah maintained them thus. Therefore, it is not proper in any sense of
the word to curse them, to taunt them, to hold them as sinners, and to
neglect their virtues, their struggles and their great religious stations.
Some of the scholars were posed the question: what is your view
regarding the blood that was shed in the battles that took place among
the blessed Companions? They simply recited the following verse of the
Qur'an:
تِلْكَ أُمَّةٌ قَدْ خَلَتْ لَهَا مَا كَسَبَتُ وَلَكُمُ مَّاكَسَبْتُمُ وَلَا تُسْئَلُوْنَ عَمَّا كَانُوا يَعْمَلُونَ
"Those are a people who have passed away. For them what they
earned, and for you what you earned. And you shall not be
questioned as to what they have been doing. [2:134]'
The same question was posed to another scholar. He replied: "Allah
saved my hands from being soiled with that blood. Now I will not soil my
tongue with it." He meant that he does not wish to make the mistake of
categorically adjudging any one of the groups as the defaulter.
'Allamah Ibn-Fuwarrak رحمه الله تعالى says:
"Some of our colleagues feel that the example of the conflicts
that took place between the noble Companions is like that of the
episodes of conflict that occurred between Sayyidna Yusuf
and his brothers. They, despite their mutual differences, did not
lose their status of wilayah and nubuwwah. The same principle
applies to the matter of conflicts that occurred between the
Companions."
Sayyidnā Muhasibi y JU) , says: "As far as this blood-shed is
-
concerned, it is difficult for us to say anything because there was a
difference of opinion in this regard among the noble Companions
themselves."
When Hasan Al-Basri رحمه الله تعالى was asked the question concerning
the wars between the noble Companions, he replied:
"Those were fights in which the Companions were present and
we were not. They knew all the circumstances and we do not
know them. The matter in which the Companions are
unanimous, we follow; and the matter in which there is
difference of opinion, we observe silence."
Sayyidna Muhasibi رحمه الله تعالى says:

131
Surah Al-Hujurat : 49 : 9 - 10
"We concur with Hasan Al-Basri رحمه الله تعالى.We know that
when the noble Companions meddled in any matter, they knew
fully well why they were doing it. Our task is merely to follow
them where they are unanimous, and where they differ we
observe silence. We should not on our own introduce new ideas.
We are assured that they must have exercised ijtihad and
sought the pleasure of Allah. Therefore, in matters of religion
they are all beyond doubt."
Verses 11
يَأَيُّهَا الَّذِيْنَ آمَنُوا لَا يَسْخَرُ قَوْمٌ مِّنُ قَوْمٍ عَسَى أَنْ يَّكُوْنُوا خَيْرًا
مِنْهُمُ وَلَانِسَآءٌ مِّنْ نِسَآءٍ عَسَى أَنْ يَّكُنَّ خَيْرًا مِّنْهُنَّ وَلَا تَلْمِزُوْا
أَنْفُسَكُمُ وَلَا تَنَابَزُوْا بِالْاَلْقَابِ + بِئْسَ الإِسُمُ الْفُسُوْقُ بَعْدَ الْإِيْمَانِّ
وَمَنْ لَّمْ يَتُبُ فَأُولَئِكَ هُمُ الظُّلِمُونَ ﴿١١﴾
O those who believe, no men should ever mock at other
men, since it is possible that the latter are better than
the former, nor (should) women (ever mock) at other
women, since it is possible that the latter women are
better than the former ones. And do not find fault with
one another, nor call one another with bad nicknames.
Bad is the name of sinfulness after embracing Faith.
*
And whoever does not repent, such people are the
wrongdoers. [11]
Prohibition of Ridiculing One Another
The beginning part of this chapter laid down the Prophet's @ rights
and the etiquettes to be observed when dealing with him. Then the Holy
Qur'an has started mentioning the mutual rights and good manners for
the general body of Muslims to be observed among themselves. The
injunctions laid down in the preceding two verses related to the collective
reformation of the society. Now the current verse mentions the rights and
etiquettes to be observed between individuals. Thus the verse prohibits
three social evils: [1] ridiculing one another; [2] finding fault with one
(*). It means that calling others with bad nicknames is a sinful act, and the real bad
name for a person after embracing Faith is that he is known among people for
sinful acts. Therefore, if a Muslim commits the sin of calling others with bad
nicknames, and it is known among people, then the real bad name is earned by
himself, and not by the person whom he has abused with that nickname.
(Muhammad Taqi Usmani)

132
Surah Al-Hujurat : 49 : 9 - 10
another; and [3] reviling one another with nicknames.
According to Qurtubi, mocking or scoffing does not only connote
mocking with the tongue, but it also implies mimicking someone, making
pointed references to him, laughing at his words, his works, his
appearance, his dress or calling people's attention to some of his defects, so
that they may laugh at him. Mocking includes all of this. By the clear text
of the Qur'an, poking fun at someone or ridiculing him is absolutely
forbidden.
Stylistically, the Qur'an has, on this occasion, addressed men and
women separately. Men are referred to as qawm, a word that is
specifically reserved for male members of the human society, though by
extension the word most often includes the female members of the human
society as well. The Qur'an, however, generally employs the word qawm
for both men and women, but here it is specifically used for men in
contradistinction to the word nisa' which specifically refers to women.
Here both men and women are reminded that mocking one another is a
disdainful and evil act. They must refrain from it, because it is very likely
that the man who is mocked at may be better than the mocking person
and the woman who is mocked at may be better than the mocker. Here
the Qur'an prohibits men from mocking other men, and women from
mocking other women. This, however, does not mean that it is permitted
for men to mock at women or for women to mock at men. The actual
reason for making separate mention of the two sexes is that Islam does
not allow free intermingling of the two sexes. Ridiculing each other
generally occurs where there is such an intermingling. Therefore, in a
Muslim society it is inconceivable that men would mock a woman or
women would mock a man in an intermingling situation.
In short: no one dare make mockery of a person whose body, face,
shape and stature are defective, imperfect, impaired or deformed, because
he does not know that the other person, in the sight of Allah, might be
better than him on account of his sincerity and purity of heart. When the
righteous predecessors heard this verse, they adopted a conducive
attitude: For example, Sayyidna 'Amr Ibn Shurahbil
said that he
would not laugh at a person when he sees him drink milk direct from the
udders of a goat, lest he should become one like him. Sayyidna 'Abdullah
Ibn Mas'ud 4
said: "I would not like to scoff at a dog, lest I be

133
urah Al-Hujurat : 49 : 9 - 10
metamorphosed into a dog (Qurtubi)."
1
It is recorded in Sahih of Muslim on the authority of Sayyidna Abu
Hurairah
that the Holy Prophet g said: "Allah does not look at your
faces and your wealth; He looks at your hearts and your works." Qurtubi
derives a legal maxim from this tradition of the Holy Prophet
that in
any matter it is not proper to pass a categorical judgment on the basis of
overt evidence or circumstances, because it is possible that a person's overt
actions might seem to be good but in the sight of Allah, on account of the
insincerity and impurity of his heart, they could be bad, as He is fully
aware of the inner state of people's hearts. On the contrary, a person's
overt actions might seem to us bad, but in the sight of Allah, on account of
the sincerity and purity of his heart, they could serve as an expiation of
the bad actions, as He is fully aware of the inner state of people's heart.
The next thing that is prohibited in the verse is lamz which connotes
وَلَا تَلْمِزُوًا أَنْفُسَكُمُ , to find fault with someone or to upbraid him. The verse says
literally it means, "Do not find fault with your selves." But the intention
is: "Do not find fault with one another-" [49:11] as is seen in the
translation above. This expression is similar to the expression Sighs ý
' ... And do not kill yourselves - [4:29]'. Although the verse commands "do not
kill yourselves", it purports to say "do not kill one another". This
expression indicates that, from one point of view, killing another person
amounts to killing oneself. Often it happens that if one person kills
another person, the victim's supporters kill the murderer. Even if this does
not happen, a Muslim is the brother of another Muslim. Killing one's
brother is like killing oneself and rendering oneself crippled, helpless and
powerless. Similarly, the expression ◌ْلا تَلُمِزُوًا أَنْفُسَكُم 'and not find fault with
yourselves' means when you find fault with others and upbraid them,
others will find fault with you and upbraid you, because no man is
normally free from any fault. Scholars have formulated the maxim: Sa,
You have faults and people have eyes" with which they see" عيوب وللنّاس اعين
them. Thus if someone seeks out the imperfections of some other person
and broadcasts them, the latter will do the same in return. If, however, he
exercises patience and evades retaliation to his verbal attacks, it comes
down to the same thing: If one considers carefully, he will find that
defaming and despising one's Muslim brother is actually casting
aspersions on oneself.

134
Surah Al-Hujurat : 49 : 9 - 10
Scholars have suggested that the satisfaction, well-being and
happiness of man lies in examining his own faults and finding ways of
mending them. This approach to life will give him no time to find fault
with others and broadcast it. How well the last king of India Bahadur
Shah Zafar has versified it!
فى حال كى جب تمين انى جر، رب ديمة لوكول ک عيب وبشر
يدى انى ممايول في جو نظر، توجمان من كولَ برا ند ربها
As long as we were unaware of our own faults, we looked into
the faults and failings of others; But when we looked at our own
faults there remained no one faulty in the world.
The third thing that is prohibited in the verse is reviling one another
with nicknames which are offensive to them, e.g. calling a person lame,
hands cropped, blind or one-eyed; or referring to him by other offensive
nicknames. Sayyidna Abu Jabirah Ansari 4
ge says, "This verse was
revealed in connection with us. When we migrated to Madinah, most of us
had two or three names. Some of them were popularised in order to
denigrate, defame or belittle the bearer of the name. The Holy Prophet
was not aware of this situation; as a result he sometimes called them by
one of these offensive names unwittingly. The noble Companions
informed the Prophet
g that the name offends the bearer of that name.
This verse was revealed on that occasion." Sayyidna Ibn-'Abbas
says
that prohibition of tanabuz bil-alqab means that if a person committed a
sin or performed an evil deed from which he repented and mended his
ways, it is unlawful for anyone to call him by denigrating names, such as
thief, an adulterer, a drunkard or any such name. The Prophet &
É is
reported to have said: "Anyone who denigrates a Muslim who has
committed a sin of which he has repented, Allah takes it upon Himself
that He will get the person to commit the very same sin and expose him to
embarrassment and humiliation in this world and in the Hereafter
[Qurțubi].
Exception to the Rule
There are some nicknames, which though apparently offensive, are
not intended to defame or insult the bearer of that name, but they rather
serve as a symbol of identification. That is why scholars have permitted to
attach titles to the names of the traditionalists - like A'raj [lame, cripple]

135
Surah Al-Hujurat : 49 : 12
or ahdab [humpbacked, hunchbacked] provided they are not intended to
finsult or defame. The Holy Prophet
himself named a Companion
dhul-yadain because his hands were relatively long. 'Abdullah Ibn
Mubarak was posed the question: " In the asanid [chains of authorities on
which a tradition is based] we come across names to which are attached
titles like Hamid At-Tawil [Hamid, the Tall], Sulaiman al-A'mash
[Sulaiman the weak-eyed] and
Marwan al-Asfar [Marwan, the Yellow]: are these titles allowed?" He
replied: " If your intention is not to insult or defame, but rather to
complete identification, it is permitted." [Qurțubi]
It is Sunnah to call people by Good Titles
The Holy Prophet
is reported to have said that it is the right of a
believer to call his fellow-believers by good names and titles which they
like the best. Therefore the use of kunniyyah [agnomen/cognomen] had
become commonplace in Arabia. The Holy Prophet
also favoured this,
and consequently he himself bestowed appropriate titles on some of the
individual Companions, e.g. Abu Bakr Siddiq 4ee received the title of 'Atiq
[the noble], Sayyidna 'Umar 4ge
, the title of Faruq [he who distinguishes
truth from falsehood], Sayyidna Hamzah the title of Asadullah [the lion
of Allah] and Khalid Ibn Walid, the title of Saifullah [the sword of Allah].
Verse 12
◌َأيُّهَا الَّذِيْنَ امَنُوا اجْتَنِبُوا كَثِيرًا مِّنَ الَّنِّ إِنَّ بَعْضَ الَّنِّ إِثْمٌ وَلَا
تَجَسَّسُوا وَلَا يَغْتَبُ بَّعُضُكُمُ بَعْضًا ، أَيُحِبُّ أَحَدُكُمْ أَنْ يَّأْكُلَ
لَحْمَ آَخِيْهِ مَيْتًا فَكَرِهْتُمُوْهُ، وَاتَّقُوا اللّهَ إِنَّ اللهَ تَوَّابٌ رَّحِيمٌ ﴿١٢)
O those who believe, abstain from many of the
suspicions. Some suspicions are sins. And do not be
curious (to find out faults of others), and do not
backbite one another. Does one of you like that he eats
the flesh of his dead brother? You would abhor it. And
fear Allah. Surely Allah is Most-Relenting,
Very-Merciful. [12]

136
Surah Al-Hujurat : 49 : 12
Analysis of the Verse
This verse too comprises injunctions relating to mutual rights and
manners to be observed in social life. It prohibits three things: [1] zann
[unfounded suspicion], the details to follow: [2] tajassus [spying, looking
secretly into the faults of others]; and [3] ghibah [backbiting, speaking ill
of a person behind his back which if he heard would hurt or injure his
feelings].
[1] Prohibition of Unfounded Suspicion
Zann primarily denotes assumption on probable evidence. In the first
instance, the Qur'an sets down "Abstain from many of the suspicions."
and gives reason for that: "some suspicion are sins.". This shows that not
all types of suspicion is a sin. Thus it is incumbent on the readers to
investigate which type is a sin, so that they may avoid it. If the uneasy
feeling and the conviction that something is wrong, someone is guilty, or
some danger is afoot is based on partial evidence, and not confirmed by
out-and-out evidence, it is not permitted to act on it. Scholars and jurists
have given a detailed account of it. Qurtubi says that in this context Zann
connotes "accusation", that is, a charge of wrongdoing, as with guilt,
crime, offense or blame without any strong evidence. Imam Abu Bakr
Jaşşaş in Ahkam-ul-Qur'an gives the following details. Zann is divisible
into four categories. [1] prohibited; [2] imperative; [3] recommended,
desirable; and [4] permissible. Distrust of Allah or suspecting His trust is
prohibited. For instance, it is not permitted to think ill of Allah in that He
will punish him or keep him in calamity all the time without forgiving him
or showing mercy to him, thus despairing of His grace. Sayyidna Jabir 4
reports that the Holy Prophet g said:
لا يموتنّ احدكم الّ وهو يحسن الظنّ بالله
"None of you should die without having favourable thoughts
about Allah."
According to another hadith, Allah Ta'ala says:
آنا عند ظنّ عبدی بی
"I treat my servants the way they think about me."
This shows that holding favourable thoughts about Allah is
compulsory and thinking ill of Him is prohibited. Likewise it is prohibited

137
Surah Al-Hujurat : 49 : 12
to entertain suspicion, without rational grounds, about Muslims whose
outer conditions show that they are good and noble.
Sayyidna Abu Hurairah 4% reports that the Holy Prophet " said:
ايّاكُمْ والظّنّ فانّ الظّنّ اكذب الحديث
"Avoid suspicion, for suspicion is the worst of false talks ... ".
In this context, Zann by common consent of scholars stands for
thinking ill of a Muslim without any concrete proof . However, if there is a
matter in which it is necessary to take a decision in either way, and there
is no absolute and clear-cut proof based on the Qur'an and Sunnah for
that particular situation, it is imperative to act on the strength of the best
possible assessment, termed in Islamic jurisprudence as
'Az-zann-ul-ghalib' This is the approved practice in cases that come to the
law-courts for settlement. In a court of law, a judge has to deliver his
decision on the basis of the principle of "the best possible assessment"
relying on the testimony of people worthy of confidence, even though
there is the possibility that one of the witnesses at that particular moment
might have lied. The testimony of the witness is based on "best
assessment" and not on "absolute certainty". The judge does not have
direct knowledge of the facts of the matter, nor is there a transparent text
of the Qur'an and Sunnah. In cases like these where one or the other
decision has to be taken, and the absolute knowledge of the reality cannot
possibly be attained, there is no way out but to formulate a judgement on
the basis of 'best possible assessment.'
Likewise when the direction of qiblah is not known, nor is there a
person that can show one the direction of qiblah, it is compulsory for him
to determine it on the basis of "best possible assessment". If a person has
destroyed a valuable thing of someone, and a compensation has been
imposed on him, he is liable to pay the value of it on the basis of 'best
possible assessment'.
The example of permissible Zann is like that of a person performing
prayers and in the course of it suspects whether he has performed three
rak'at or four, he is permitted to apply the 'best possible assessment' and
complete the prayers accordingly. If, however, he does not wish to apply
this principle, but wishes to act on the principle of 'certainty', thinking

138
Surah Al-Hujurat : 49 : 12
that he has certainly performed three rak'at, and thus completes the
fourth one, that too is possible.
And desirable Zann refers to having favourable thoughts about every
Muslim. That is rewardable [condensed from Jassas].
Qurțubi quotes the Qur'anic verse
لَوْلًا إِذْ سَمِعْتُمُوْهُ ظَنَّ الْمُؤْمِنُونَ وَالْمُؤْمِنْتُ بِآَنْفُسِهِمُ خَيْرًا
" ... why, when you (O believers,) heard of it, did the believing
men and women not think well on their own selves - [24:12]'.
This verse emphasizes to have good thoughts about the believers. The
following aphorism apparently seems contrary to this rule:
انّ من الحزم سوء الظّنّ
"It is prudence to have ill thoughts about every person."
But this means to be as precautious when dealing with others as one
would deal in suspicious cases: e.g. one should not hand over one's thing
to anyone without strong reliance. It does not mean that he should regard
anyone as a thief or run him down. In brief, one should take
precautionary measures in the predicament one is placed in without
labeling people as thieves or perfidious.
[2] Prohibition of Spying
The second social evil that is prohibited in the verse is tajassus, spying
or prying secretly into the faults of others. An alternative reading of
tajassus [with "J"] is Jos tahassus [with "H"]. In a hadith recorded in
Sahihain on the authority of Abu Hurairah 4
the Holy Prophet
É said:
لَا تَجَسَّسُوا وَلَا تَحَسَّسُوا
" ... do not spy on one another; do not look for other's faults ... ".
The two words in Arabic are near-synonyms. Akhfash draws attention
to the nuances or subtle differences in their meaning: tajassus connotes
looking into the affairs of people which they have kept hidden, whilst
tahassus connotes searching in general as in the following verse of the
Holy Qur'an.
تَحَسَّسُوا مِنْ يُوسُفَ وَ آَخِيُهِ
' ... search for Yusuf and his brother' - [12:87]

139
Surah Al-Hujurat : 49 : 12
However, the term tahassus [searching], like tajassus [spying], could
have an evil connotation in which case the Holy Prophet
has
prohibited it. The verse signifies that one may take into account what is
presented in evidence, but it is not permitted to search for faults that are
not overt. The Holy Prophet
" says:
لا تغتابوا المسلمين ولا تتّبعوا عوراتهم فان من اتبعّ عوراتهم يتبع الله عورته ومن
يتّبع الله عورته يفضحه فى بيته (قرطبی)
"Do not speak ill of Muslims behind their backs, and do not
search out their faults, for he who searches out their faults will
have his faults searched out by Allah, and he whose faults are
searched out by Allah will be exposed by Him, even though he
should be in the interior of his house" [Qurtubi].
Bayan-ul-Qur'an interprets that tajassus [spying] and tahassus
[searching] include the sense of listening to people without their
permission when they are talking, or eavesdropping at their doors.
However, if there is an apprehension that some member of the Muslim
community may be harmed by some mischief-makers, it is permitted for
others to spy to protect the innocent and peaceful people, and search
furtively for the intentions and conspiracies of such people who are a
danger to the society.
[3] Prohibition of Backbiting
The third social evil this verse prohibits is ghibah [backbiting]. This
connotes speaking ill of a person behind his back which if he heard would
hurt or injure his feelings, even if what was said about him was the truth;
if what was said about him was untruth, it is slander or false accusation.
The prohibition of slander is prohibited elsewhere in the Qur'an. In the
definition of backbiting the phrase "behind his back / in his absence"
appears. This does not mean that it is permissible to say hurtful things in
the presence of somebody. This may not be backbiting, but it certainly
falls under lamz which is prohibited in the preceding verse.
اَيُحِبُّ أَحَدُكُمْ أَنْ يَّأْكُلَ لَحُمَ آَخِيُهِ مَيْتًا
(Does one of you like that he eats the flesh of his dead brother? -
49:12)
This verse sternly warns against disgracing a Muslim and compares it
to eating the flesh of a human being. If the victim of disgrace is present

140
Surah Al-Hujurat : 49 : 12
before the offender, it is like eating the flesh of a living person, and the
Holy Qur'an has termed it as 'lamz' which is prohibited in verse 11, as
well as in another Surah by saying,
وَيُلٌ لِّكُلِّ هُمَزَةٍ ثُمَزَةٍ
'Woe to every backbiter, derider [104:1]'
And if the victim is not present, and someone speaks ill of him in a
way that he is insulted, then it is like eating the flesh of a dead human
being. Just as it does not cause any physical torture to a dead body,
backbiting does not hurt the victim when he is not aware of it, but just as
eating the flesh of a dead body is an extremely inhuman act, so is the
backbiting. Both are prohibited. Otherwise also, speaking ill of someone in
his absence is an unkind, mean and malicious act; it is not an act of
valour and bravery.
This verse prohibits three social evils: unfounded suspicion,
unjustifiable search for faults and backbiting. However, backbiting is
most severely and harshly condemned. It is compared to eating the flesh
of a dead Muslim, thus bringing out the gravity of its prohibition,
unkindness and meanness. The wisdom of it lies in the fact that saying
hurtful things to the face of someone is prohibited, but the man, being
present, will be able to defend himself. Further, for fear of defense not
everybody will have the courage to utter hurtful things to the face of
someone, and usually it does not last long. It is unlike backbiting where
there is no one to defend it, and thus the most mean person would pluck
the courage to backbite the greatest of men. Because it is not defended,
generally the ball keeps rolling, and more and more people get involved.
Therefore, backbiting is prohibited most severely and harshly. It is
necessary for the general body of Muslims to defend their brother, if
possible, when people speak ill of him in his absence. If that is not
possible, they should at least abstain from listening to it, because listening
to it willfully and intentionally is like backbiting itself.
Some Issues Related to Backbiting
Sayyidna Maimun 40 says that once he saw in a dream that there is
a dead body of a Negro. A caller addressed him and said: "Eat this."
Sayyidna Maimun 4 says: "I said: 'O servant of God! Why should I eat
this?". The caller replied: "Because you have been backbiting a certain