| Abm/Nam becomes wajib only if 5 conditions are fulfilled. |
| The 5 Conditions (all should get satisfied) are:-
1. The person should have knowledge of what is wajib & Haram related to the act although in a broad-spectrum. But, in some situations it may become wajib to learn about a wajib or Haram specifically for doing Abm/Nam. 2. Chance of the abm/nam having an effect: If there is a chance (even if small) of the sin being given up or reduction of sin of the person then this condition gets satisfied. Notwithstanding this, even if there is no chance or hope of its effect, it is Ehtiyate Wajib to express ones displeasure through ones actions or words. 3. Decision to repeat/do it the first time: Abm/Nam will become wajib if it is known that the other person has DECIDED to commit the act as a repetition or as a first time act in a way that rational people feel Abm/Nam as relevant in the particular case.
Also, if a person does a Haram and even though he does not have any intention to repeat it but has not done Istegfar then it will be wajib to do Abm with respect to performing Istegfar. This is the case when the person notices it and if he does not notice then it is not wajib to notify him and do Abm. 4. No religious excuse: The wajib/haram should be applicable to the person performing it. If he has a valid religious excuse then Abm/Nam does not come into force. This is true when the person does not consider the act as wajib/haram because of not knowing the subject (Mauzoo) like the person eats najis food not knowing that it was najis. In addition taqleed of different mujtahids can make haram for one person jaiz for another,so if there is a chance of a different ruling also its not wajib.The first example is for subject or mouzu & second one is for rule or hukum.
But if the act is such that religious law abhors it even with the above excuses then Abm/Nam will be wajib eg. killing of a momin. 5. No zarar or Haraj: If the life ,property & honor(Jaan ,maal,izzat) up to a noteworthy magnitude of the person doing Abm/Nam is endangered or if the performance of Abm/Nam causes unbearable distress to him then Abm/Nam is not wajib. The same is the case if there is a danger of causing harm to any of the Muslims life, property and honor up to a noteworthy magnitude.
If the Abm/Nam is highly significant for a particular act in religion then one should judiciously weigh the loss and probability of loss versus importance of Abm/Nam for that particular act and the probability of effect. |
| Other points:- |
.^. Abm/Nam can be done even if all conditions not fulfilled. But it is strongly felt that the person doing Abm/Nam in such case should bear in mind the whole picture of how to do it.
.^. Abm/Nam can also be haram in some cases e.g. At times, if the first condition (knowledge) is not present .
.^. Abm/Nam can also be done even if he does not have certainty on condition 1of ilm , but the communication should make it clear that 'it MAY be so"
.^. Every one is responsible for Abm/Nam, if 5 conditions are fulfilled, including the sinner (e.g. 2 friends doing backbiting)
.^. There is additional responsibility on Ulama and Household members to do Abm/Nam |
| The 3 Stages or steps in the Method of doing Abm/Nam, their further division and their sequence of implementation: - 1. Expressive Actions: Abm/Nam thru acting, behaving, style of talking, etc in a way that shows disapproval. This is done w/o explicit mention of the sin to the specific person.
2. Words: Mention about it directly through words and encouraging/discouraging through words including advising and admonishing.
3. Physical Compelling: Hitting, confining, etc. but not up to the extent of injury or breaking of body parts. |
| As far as following the sequence is concerned, there is practically no difference between point 1 & 2. There are further sub-stages or sub-steps within point 1 & 2 based on the magnitude of hostility. The person doing Abm/Nam should judiciously decide which step is more effective and least hostile and implement it first. Then, if this is not sufficient then the next level of hostility can be enacted within point 1 & 2. Only if point 1 & 2 are not effective then point 3 is enacted. However if a person knows/is confident (yakeen/Itmenan) that the lower step will not have effect he can adopt the higher step.
But, based on Ehtiyate Wajib, the third step of physical compelling can be done only with the permission of the Hakim e Shara. Even in this there are sub-stages or sub-steps based on the magnitude of aggression. First the mildest one should be adopted and then if needed a person can gradually move to harsher steps in sequence. Always moving from the less aggressive to the immediately more aggressive when required.
If all the 3 steps will not have an effect then the condition 2 does not get satisfied & Abm/Nam is saqit (not wajib for that occasion). But as mentioned earlier, even if there is no chance of effect it will still be Ehtiyate Wajib to express ones displeasure through ones actions or words. |
| There is a 4th step of Abm/Nam ie Hurt, Injure Maim, Kill the person .This can be done ONLY by Imam or his representative Mujtahid & no diyat will be applicable. This is always done to serve a bigger objective.
Abm/Nam cannot be done thru haram. i.e. using any method which results in haram acts for the person doing Abm/Nam.
There could be very special circumstances where it can be done thru haram but this is practically rare & shariat will have to be seen in a more holistic manner.
According to Ehtiyate Wajib, using words that are not gentle and adopting the above stages are not allowed with respect to ones parents. |
All the above rules are based on the Fatawas of Ayatullah Sistani to avoid confusion. There are further complex situations that are not discussed herein so as to keep the article brief and to avoid misapprehension. It is requested to contact the Ulema if any further complex situation arises that is not covered herein. The resources used are the materials on Fatwas of Ayatullah Sistani as is publicly available as on January 5, 2005. Allah (S.W.T.) knows best.
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