Forbidden to Argue On Behalf of One Upon Falsehood or One Who Makes An Unsubstantiated Claim - In a Worldly or Religious Affair- Regardless His Status In The Eyes of The People


In The Name of Allaah, The Most Merciful, the Bestower of Mercy.

Allaah [The Most High] said [إِنَّآ أَنزَلۡنَآ إِلَيۡكَ ٱلۡكِتَـٰبَ بِٱلۡحَقِّ لِتَحۡكُمَ بَيۡنَ ٱلنَّاسِ بِمَآ أَرَٮٰكَ ٱللَّهُ‌ۚ وَلَا تَكُن لِّلۡخَآٮِٕنِينَ خَصِيمً۬ا – Surely, We have sent down to you (O Muhammad) the Book (this Qur’an) in truth that you might judge between men by that which Allah has shown you (i.e. has taught you through Divine Inspiration), so be not a pleader for the treacherous (or deceitful person)]. [Surah An-Nisaa Ayah 105]

Do not argue for the one whose treachery [or deception] is known, such as the one who either pursues what does not belong to him or one who rejects a right he must fulfil, whether he is aware of that or not. In this is proof to [establish] that it is forbidden to argue based on falsehood and pleading [on behalf] of one who makes a false claim –in religious or worldly disputes. On the other hand, it is permissible to plead on behalf of someone -in a dispute- who is not known for treachery [or deception]. [Ref 1]

Shaikh Rabee Bin Haadi Al-Madkhali [may Allaah preserve him] stated: The one who rebuts a Mubtadi [an innovator] or a book in which there is Bidah, or disparages one who is deserving of disparagement, or rebukes one who deserves to be rebuked, [such as] some narrator, false witnesser and a sinner who announces his sin, then he [i.e. this  just refuter] is not an oppressor because he has placed the affairs in their proper and [rightful] places, and the oppressive transgressor is the one who embarks upon speaking ill of him and conspires against him. In reality, he [i.e. the one who speaks ill of this upright refuter, rebuke] is the one who places something in order than its [rightful] place due to the fact that he praises the criminals- the callers to the gates of the hell fire- and speaks ill of those who give sincere advice to the Muslims. Whoever defends them [i.e. the innovators] and argues on their behalf with falsehood, then he is from those more deserving of the statement of Allaah:

وَلَا تُجَـٰدِلۡ عَنِ ٱلَّذِينَ يَخۡتَانُونَ أَنفُسَہُمۡ‌ۚ إِنَّ ٱللَّهَ لَا يُحِبُّ مَن كَانَ خَوَّانًا أَثِيمً۬ا

يَسۡتَخۡفُونَ مِنَ ٱلنَّاسِ وَلَا يَسۡتَخۡفُونَ مِنَ ٱللَّهِ وَهُوَ مَعَهُمۡ إِذۡ يُبَيِّتُونَ مَا لَا يَرۡضَىٰ مِنَ ٱلۡقَوۡلِ‌ۚ وَكَانَ ٱللَّهُ بِمَا يَعۡمَلُونَ مُحِيطًا

هَـٰٓأَنتُمۡ هَـٰٓؤُلَآءِ جَـٰدَلۡتُمۡ عَنۡہُمۡ فِى ٱلۡحَيَوٰةِ ٱلدُّنۡيَا فَمَن يُجَـٰدِلُ ٱللَّهَ عَنۡہُمۡ يَوۡمَ ٱلۡقِيَـٰمَةِ أَم مَّن يَكُونُ عَلَيۡہِمۡ وَڪِيلاً۬

And argue not on behalf of those who deceive themselves. Verily, Allah does not like anyone who is a betrayer of his trust, and indulges in crime. They may hide [their crimes] from men, but they cannot hide [them] from Allah, for He is with them [by His Knowledge], when they plot by night in words that He does not approve, and Allah ever encompasses what they do. Lo! You are those who have argued for them in the life of this world, but who will argue for them on the Day of Resurrection against Allah, or who will then be their defender? [Surah An-Nisaa. Aayaat 107109] [Ref 2]

Narrated Umm Salamah [radiyallaahu-anhaa]: The Messenger of Allaah [sallal-laahu-alayhi-wasallam] said: ‘’Indeed, I am only a human being and you people (i.e. disputants) come to me with your disputes. And it may be that one of you can present his case more eloquently than the other and I consider him truthful, and judge in his favour. So if I ever judge and give the right of a brother to his brother, then it is a piece of hell-fire and let him not take it.” [Saheeh Al-Bukhaari -Kitaab Al-Ahkaam (Book of Judgements): Chapter 29: Hadeeth Number: 7181]

Some Benefits Derived From This Hadeeth:

[a] The Ummah [i.e. the scholars and judges] have been commissioned to judge based on what is apparent; but the mere judgement of a judge cannot prohibit the lawful and allow the unlawful [i.e. because it cannot be taken if proven erroneous]. [b] This Hadeeth contains a refutation against those who say that the Messengers possess knowledge of the unseen. [c] This hadeeth also shows that speech can be seen to be true based on what is apparent, but it is truly falsehood with regards to what is hidden within it. [d] Also this hadeeth shows that the one who receives a judgement in his favour is more aware than every other person as to whether he is entitled to it or whether he is a falsifier. So, he takes it if he is entitled to it or leaves it if he a falsifier, because in reality a judgement cannot change an affair from what it was in origin [i.e. the original truth in the affair before its distortion or concealment]. [e] Also this hadeeth shows the sinfulness of the one who argues based on falsehood until he receives what he wants publicly, whilst he is upon falsehood. [f] Also in this hadeeth is proof to show that a scholar can make a mistake and it is a refutation against those who say that every Mujtahid is correct. [g] Also this hadeeth shows us that the Mujtahid is forgiven (when he makes a mistake). [Ref 3]

[Ref 1: Source: (Tayseer al-Kareem ar-Rahmaan Fee Tafseer Kalaam al-Mannaan) abridged & paraphrased]; [Ref 2: An Excerpt from ‘Al-Mahajjatul Baydaa Fee Himaayatis Sunnatil Gharraa’ Min Zallaati Ahlil Akh’taa Wa Zayghi Ahlil Ahwaa’ page 29-30]; [Ref 3: Source: An Excerpt From ‘Saheeh Al-Bukhaari – Kitaab Al-Ahkaam with Fathul Baari’.  Paraphrased]

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