التشهير : بين الحظر و الإباحة : دراسة فقهية مقارنة

Abstract EN

Department of Comparative Jurisprudence at the Faculty of Sharia and Law in Tanta, Al-Azhar University, Egypt.

university mail: gmokshaa@uqu.

edu.

sa
:
This research consists of an introduction, an introduction, three detectives, a conclusion, and general indexes.

In this research, I have concluded that:
First, defamation is: "Showing a person a certain thing that he reveals to people and shows his secrets, so that it includes what was right: such as borders and ta'zirat, and what was unjust: such as ences and faintness", and therefore defamation is divided into: prohibited and permissible.

Second, there are many means of defamation: defamation by saying that ugly acts are attributed to the person who is defamed may be false and false, and it may be by writing false news or displaying inappropriate images of a person with the intention of defaming and demeaning him, whether through newspapers or magazines, through various media, or through social media.

Third: Images of prohibited defamation:
(1) Man should slander himself falsely, in order to make others laugh, or to praise those who have an interest in it, and this act is forbidden by law because of the injustice it entails by falsely attributing evil to it.

(2) A person should speak before people about the sins and sins he has committed as a matter of bragging and pride, as such an act is not permissible by the agreement of the jurists, because it disregards the right of Allah the Almighty to declare his disobedience.

(3) The argument of the audience of jurists that the best and most desirable for the offender who has committed what requires a limit to cover himself up and not confess his guilt in the hands of the guardian provided that he forgives Allah the Almighty and repents of his guilt.

(4) To attribute to others an act of disgrace that is sincere, if the person who is defamed by him possesses these qualities attributed to him, and this is considered as a forbidden ence, because of the indecent assault of the Muslim.

(5) To attribute to others an act of disgraceful and false and innocent of it, with the intention of offending him, which is what some envious haters do, and this act is forbidden by law because of its bad effects on the individual and society.

Fourth: If the origin of defamation is danger and prohibition, there are cases where defamation is permissible by way of exception, and these cases excluded from prohibited defamation are:
- Defamation of perpetrators and disobedients, with the aim of deterring and disciplining them, warning people of them so that they do not deceive them, defaming the oppressed of his oppressors, defaming those who profess his debauchery, defamation for the purpose of changing the vice, mentioning the human being including him when consulting, revealing the status of the innovator to those who frequented him, revealing the situation of the incompetent governors of the ruler, so that he considers their matter, removing the incompetent from them and giving those who are righteous, referendum, wounding and modification to narrators, classifiers and witnesses, barbarism with titles.