Revealing the Flaws of a Public Office Candidate: Does It Count as Ghibah?
This article is an English translation of an Indonesian article originally published in NU Online by the same author. The original Indonesian version can be accessed at the following link: https://islam.nu.or.id/syariah/membuka-aib-calon-pejabat-apakah-termasuk-ghibah-1PDjL
FIQH ESSAY
Zainun Nur Hisyam Tahrus
1/31/20243 min read
As political years approach, it is only natural for candidates for public office to campaign and promote themselves in order to win the people’s votes. However, the form of campaigning delivered is not always limited to positive narratives about the candidate. Sometimes, there are also campaign strategies that expose the shortcomings of other candidates, commonly referred to as negative campaigning.
The question is: is such negative campaigning permissible? After all, exposing someone’s faults is part of ghibah, which is forbidden in Islam.
The definition of ghibah, or backbiting, is mentioning faults that truly exist in a person behind their back. If those faults are untrue, then it is called lying. If it is done in front of the person, then it is considered an insult. (Al-Jurjani, Kitab at-Ta‘rifat, Cairo: Dar al-Fadhilah, 2011, p. 137).
Unsurprisingly, this issue creates a dilemma. The reason is that ghibah is a sin whose punishment cannot be considered light.
The gravity of backbiting is illustrated in the Prophet Muhammad’s rebuke to ‘Aisyah when she described one of the Prophet’s wives, Shafiyyah bint Huyai, as a short woman. Hearing this, the Messenger of Allah said:
لَقَدْ قُلْتِ كلِمَةً لَوْ مُزِجَتْ بِمَاءِ البَحْرِ لَمَزَجَتْهُ
Meaning: “Indeed, you have spoken a word which, if it were mixed with the water of the sea, it would spoil it.” (Narrated by Abu Dawud).
Yet on the other hand, the people need to know the bad qualities of candidates for public office who will be responsible for public affairs. People certainly do not want to choose someone who appears good outwardly, but who conceals disgraceful traits that will ultimately bring them hardship.
To resolve this problem, scholars have provided several exceptions that allow us to disclose the faults of others. This permissibility is based on the consideration of maslahah according to the Sharia, which cannot be attained without revealing the faults of a certain person.
As for exposing the faults of a public office candidate, it is permissible if it fulfills three criteria.
First, revealing someone’s fault is allowed if it is intended as a warning and sincere advice to Muslims against a certain harm. This is based on the Prophet’s advice to Fatimah bint Qais regarding two men who had proposed to her.
وعنْ فَاطِمةَ بنْتِ قَيْسٍ رَضِيَ اللَّه عَنْها قَالَتْ: أَتيْتُ النبيَّ ﷺ، فقُلْتُ: إنَّ أَبَا الجَهْمِ ومُعاوِيةَ خَطباني؟ فَقَالَ رسُولُ اللَّهِ ﷺ: أمَّا مُعَاوِيةُ، فَصُعْلُوكٌ لاَ مالَ لَهُ، وأمَّا أَبُو الجَهْمِ فَلاَ يضَعُ العَصَا عنْ عاتِقِهِ
Meaning: “Fatimah bint Qais reported: I came to the Prophet and said, ‘Abul Jahm and Mu‘awiyah have both proposed to me.’ The Messenger of Allah said: ‘As for Mu‘awiyah, he is a poor man who has no wealth. As for Abul Jahm, he often strikes women.’” (Agreed upon by al-Bukhari and Muslim).
In this hadith, it is very clear that the Messenger of Allah mentioned the faults of Mu‘awiyah and Abul Jahm behind their backs. However, he conveyed this as sincere advice for Fatimah’s consideration in choosing a husband.
Based on this case, if explaining another person’s faults for the sake of one individual’s marriage is permissible, then all the more so revealing the faults of a candidate for office for the wider public good is permissible.
Second, besides containing the element of sincere advice, exposing the flaws of a candidate must also be based on relevant information. Relevant here means that the faults disclosed must relate to the person’s capacity as a public official, not to their private disgrace. This is as stated by Al-Qarafi:
وَيُشْتَرَطُ فِي هَذَا القِسْمِ أَنْ تَكُونَ الْحَاجَةُ مَاسَّةً لِذَلِكَ وَأَنْ يُقْتَصَرَ النَّاصِحُ مِنَ الْعُيُوبِ عَلَى مَا يُخِلُّ بِتِلْكَ المَصْلَحَةِ خَاصَّةً الَّتِي حَصَلَتْ المُشَاوَرَةُ فِيهَا
Meaning: “And it is stipulated in this category (revealing faults as advice) that there be a pressing need, and that the adviser limit himself to the faults that undermine the specific benefit under consultation.” (Al-Qarafi, Anwar al-Buruq fi Anwa‘ al-Furuq, Beirut: Dar al-Kutub al-‘Ilmiyyah, 1998, vol. IV, p. 359).
For example, it is permissible for us to expose the candidate’s faults related to poor performance, a history of corruption, or past policies that harmed society. However, it is forbidden to disclose matters unrelated to performance, such as saying that the candidate is an illegitimate child, or that their child is immoral, and the like.
Third, and most importantly, the permissibility of revealing the faults of a public office candidate requires certainty about the truth of the information. This means that it is not permissible to spread bad claims about a candidate if they are merely rumors or unclear reports.
وَكُلُّ إِنْسَانٍ فِى وَقْتِ الْاِنْتِخَابَاتِ وَفِى غَيْرِ الْاِنْتِخَابَاتِ يَسْتَطِيعُ طَبْقًا لِلشَّرِيعَةِ أَنْ يَقُوْلَ لِلْمُحْسِنِ هَذَا مُحْسِنٌ وَلِلْمُسِىءِ هَذَا مُسِىءٌ مَا دَامَ يَسْتَطِيعُ أَنْ يُثْبِتَ إِسَاءَةَ الْمُسِىءِ
Meaning: “Every person, whether during an election period or outside it, may, in accordance with the Sharia, say of a good official (or candidate), ‘this is a good person,’ and of a bad official (or candidate), ‘this is a bad person,’ so long as he is able to ascertain that person’s badness.” (Abdul Qadir ‘Audah, At-Tasyri‘ al-Jina’i al-Islami, Beirut: Dar al-Katib al-‘Azali, 2008, vol. II, p. 459).
From this, it can be concluded that revealing the faults of a public office candidate through negative campaigning to the public is permissible so long as it contains the element of sincere advice, the information is relevant, and its truth can be firmly established.
As for various narratives on social media that often expose the flaws of a candidate’s family or circulate claims whose validity is uncertain, such acts cannot be justified by the Sharia, because they fall into the category of prohibited ghibah and also carry the potential of slander and falsehood.