Assistant Professor at "Hazrat Masoumeh University".
Abstract
Mubahitah (to slander) is a jurisprudential expression that came from the term "Bahituhum" in the narration of the holy prophet of Islam. Some scholars consider it as the verb "accuse" and referring to that adjudicate the permission of accusing and defamation to the people of Bid'ah (innovation in religious matters); but some others consider as "strong and amazing argumentation" and therefore adjudicate to the prohibition of slandering to the people of Bid'ah. The question is that whether the Mubahita inferred from the narrations means the strong and amazing argumentation or it means to slander the people of Bid'ah (innovation in religious matters). Considering the jurisprudential permission of slandering the people of Bid'ah (innovation in religious matters) based on expediency, whether such expediency exists in this era of information interchange and press acitivities that have characteristics such as being convincing, the extensiveness if the scope and influence, transparency, capability of instrumental use. Whether is this matter permutable in the legal system of the press based on the statute book? It is believed that the criterion for the ones who consider it permutable to slander the people of Bid'ah, is the expediency of making hatred and banishing the people of following the people of Bid'ah, but it is a conversion of criterion and not only slandering the people of Bid'a is not the consequence of such expediency but also it provides the grounds for showing victimization and propaganda on the benefit of the people of Bid'ah and leads to weakening Islam and distrust to Muslims. In legal aspect, the government id responsible for executing Hadd and Ta'zir rules, and according to the principle of the legality of crime and punishment and the lack of criminalization of the instances of Bid'ah, the fact that the one who impose Bid'ah is complainant whould not cause the permissibility or legal excuse for immunity of the slanderer.
