Q : Some people, may Allah guide them, do not see that backbiting is an unacceptable or unlawful matter. Ignoring the Hadiths of the Chosen Prophet; some say that if such a person has such a demerit, then speaking ill of him is not unlawful. I hope Your Honor, Sheikh will explain this. May Allah reward you well! D. Sh. Ha'il.
A : According to the Ijma` (consensus of scholars) of Muslim scholars, backbiting is forbidden. It is a major sin whether the demerit actually exists in such a person or not. This is according to what is authentically reported from the Prophet (peace be upon him): When the Prophet was asked about backbiting, he said: Backbiting implies your talking about your brother in a manner which he does not like. It was said to him: What is your opinion about this that if I actually find (that failing), which I mention in my brother? He said: If (that failing) is actually found (in him), you in fact backbited him, and if that is not in him it is a slander. It is also authentically reported from the Prophet (peace be upon him): He saw during Isra' (Night Journey) people who had nails of copper and were scratching their faces and their chests. He asked about these people, and the answer was, "They are those who were given to backbiting and who aspersed people's honor."
Allah (may He be Praised) says: O you who believe! Avoid much suspicion; indeed some suspicions are sins. And spy not, neither backbite one another. Would one of you like to eat the flesh of his dead brother? You would hate it (so hate backbiting). And fear Allâh. Verily, Allâh is the One Who forgives and accepts repentance, Most Merciful. It is obligatory for every Muslim man and woman to beware of backbiting and to advise one another to give it up in obedience to Allah (may He be Praised) and for His Messenger (peace be upon him) and because this reflects the keenness of a Muslim to conceal (the defects of) his brothers and not to expose their defects and that backbiting results in hatred, enmity, and separation within society. May Allah grant Muslims success to good!