Does Justice Fall Before the Congregation?

Question

A question regarding whether a person's justice is compromised if they speak ill of someone in their absence after a dispute.

Answer 1

Peace be upon you.

Grand Ayatollah Sayyid Khamenei (may Allah protect him):

The attribute of justice is lost - by ruling - through committing major sins or persisting in minor sins, and even by committing minor sins, according to the more cautious opinion. It is restored through repentance if the mentioned quality remains.

It is known that backbiting is permissible in certain cases, such as advising the one who seeks counsel, the complaint of the oppressed, the openly sinful person, protecting others from harm caused by backbiting, and so on.

Therefore, if the person is oppressed and is in a position of complaint or seeking advice, they have not committed a sin in the first place.

Source: Tahrir al-Wasilah, Issue 29 + Special Inquiry

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Grand Ayatollah Sayyid Sistani (may Allah protect him):

The justice, which is a condition for the Imam of the congregation, is lifted as soon as a sin is committed and is restored through repentance and regret.

It is known that backbiting is permissible in certain cases:

Among them: the openly sinful person, whose backbiting is permissible unless it involves hidden faults.

And among them: the oppressor of others, where the oppressed may backbite them, and it is more cautious to limit this to cases where the backbiting is intended for vindication, not just in general.

And among them: advising a believer, where backbiting is permissible for the purpose of advice, such as when someone consults about marrying a woman, and it is permissible to advise them even if it involves revealing her faults. It is even permissible to do so without consultation if it is known that failing to advise would lead to significant harm.

And among them: if the intention of backbiting is to deter the backbiter from wrongdoing when no other means of deterrence is available.

And among them: if there is a fear for the religion from the person being backbitten, backbiting is permissible to prevent religious harm.

And among them: discrediting witnesses.

And among them: if there is a fear that the backbiter will fall into necessary harm, backbiting is permissible to protect them from it.

And among them: criticizing false statements, even if it leads to a deficiency in the one who made them.

Source: Minhaj al-Salihin, Vol. 1, Issue 29 + The Second Condition for the Imam of the Congregation + Prohibitions in Sacred Law

May you be successful in all good.