Some young people shared the video of the treasure of Abdel -Razek al -Makhl, through social media platforms. Is it a sin by the legitimate promoters of it and what is their punishment?
The video of the scratching video of Abdel -Razek
Dar Al -Iftaa says in a statement, what is the ruling on those who photograph the scandalous acts that violate modesty on the main road and publish them on social media? Is the ruling different if the intention is to deny the evil? It is a rumor of obscenity in society and the infringement of its values and principles, and it is a legal and legitimate criminal act, and it is not considered denial of evil in anything; Rather, he is denied by himself, and it is better for the publisher to provide assistance, advice and guidance to the actor and prevent him from committing this act as much as he can, instead of photographing and defaming him, and to distance himself from falling into the perish as safety for him, preserving his society and country, and the duty of people if they fall under their hands such clips and images that they do not return or promote them.
Islam is keen to respect the privacy of others
Islam was keen to respect the privacy of man, which is within the purpose of preserving the presentation, and it is one of the great purposes of the law, and God Almighty has begun for this from the rulings and legislations what he preserves for the human being his right to privacy, in his form and image, and this is not limited to the human being penetrates into a deficient concealment or that he looks at a nakedness, but rather is forbidden from the general penetration of the privacy of others.
And since preserving the privacy of the body in its body and image is obligatory; His permissibility is only for a reason for what has been settled in the reasons for permissibility, which are cases that allow – unlike the original – what was prohibited; As if he has a legal authority that allows him to portray this portrayal: Islamic law made the etiquette of the public path: turning a blind eye; On the authority of Abu Saeed Al -Khadri, may God be pleased with him, on the authority of the Prophet, may God’s prayers and peace be upon him and his family, who said: “O you and the rolls on the ways,” so they said: Rather, it is the Majestic, we spoke in it, he said: “So when you died except the sitting, then give the way to the right?” He said: “The insight turned a blind eye, stop the harm, return the peace, and command the well -known, and forbid the denial” agreed upon.
And if it is from the etiquette of the road, turning a blind eye, and stopping harm, then the depiction of people in it without their knowledge includes transgressing vision to the vision and violating the privacy guaranteed by the true Sharia of its servants.
Warning against tracing people’s nakedness and faults
The honorable Sharia ordered the concealment and the turning a blind eye to the pitfalls and disadvantages of people, not to track their nakedness, and not defame them; So that it is not a cause of spreading bad from a face, covering up and helping to repent and reforming the soul from another face; On the authority of Abu Hurairah, may God be pleased with him, he said: The Messenger of God, may God’s prayers and peace be upon him and his family, said: “Whoever will see a Muslim, may God be pleased in this world and the hereafter, and God is in the slave of God. The eyes of his brother, “Imam Muslim included it in“ Sahih ”.
In a narration that Imam Ibn Majah included in his “Sunnah”: “Whoever sets the righteousness of his brother, the Muslim, will give him the day of the day of resurrection. Until he exposes him in his house »; Imam Al -Sanani said in “The Ways of Peace”: [من ستر مسلمًا اطلعَ منه على ما لا ينبغي إظهارهُ من الزلاتِ والعثراتِ، فإنه مأجور بما ذكره من سترهِ في الدنيا والآخرة؛ فيسترهُ في الدنيا بألَّا يأتي زلةً يَكْرَهُ اطلاعَ غيرهِ عليها، وإن أتاها لم يُطلعْ الله عليها أحدًا، وستره في الآخرة بالمغفرة لذنوبه وعدم إظهار قبائحه وغير ذلك].
Ruling on photographing what violates public modesty and publishing it on the media
Filming what is violated by public modesty and publishing it on the means of communication, and making this vulnerable to circulation among people, whatever the means of publishing and its purpose -profit or denial of evil or revenge -a matter that contradicts the aforementioned, and is considered a violation of the concealment of others without a permissible reason, and it is a rumor of obscenity in society, it is a prohibited act legally, and obligatory for sin and punishment if he does not attach to repentance; For the saying of the Almighty:﴿ Those who love the obscenity of the obscene in those who believe in them are painful torture in this world [النور: 19]. And the verse is general in those who seek nakedness, and protect immorality.
Imam Fakhr al -Din al -Razi said in the “keys to the unseen”: [لا شك أن ظاهر قوله: ﴿إِنَّ الَّذِينَ يُحِبُّونَ﴾ يفيد العموم، وأنَّه يتناول كل مَن كان بهذه الصفة.. العبرة بعموم اللفظ لا بخصوص السبب؛ فوجب إجراؤها على ظاهرها في العموم].
On the authority of Muadh bin Anas Al -Juhani, may God be pleased with him, he said: The Messenger of God, may God’s prayers and peace be upon him and his family, said: Sheikh Al -Isfahani in “reprimand and alert”.
And in a narration: “And whoever stands a Muslim with something that he wants to do.
In another narration: “And whoever throws a Muslim with something,” Abu Dawud included it in “Sunnah”.
The scholar, Mazhar al -Din al -Zaydani, said in the “keys in explaining the lamps”: [قوله: «مَنْ قَفَّا مُسْلِمًا» أي: من تبع مسلمًا؛ يعني: مَن تجسَّس عن حال مسلم؛ ليُظهر عيبه وليعيره: حبسه الله على الصراط حتى يَنْقَى مِن ذلك الذنب بإرضاء خصمه أو بالتعذيب].
The danger of spreading outrageous in society and warning about it
The true Sharia made an outrageous rumor equal to the minister for its action; To greatly harm in both cases; On the authority of Ali bin Abi Talib, may God be pleased with him, he said: “The obscene person who is common in sin, whether it was narrated by Al -Bukhari in“ Single Literature ”, and Ata, may God be pleased with him, said:
The person is commanded – as previously – to cover up the state of others and turn a blind eye to his action, if he looks at any of his affairs and conditions, not by revealing it and sacrificing his command; In compliance with his saying, may God’s prayers and peace be upon him and his family: “Whoever will give a Muslim will be seen by God on the Day of Resurrection” agreed upon; And to his saying, may God’s prayers and peace be upon him and his family, to defeat, may God be pleased with him, when he commanded his servant a goat, may God be pleased with him, to tell his actions to reside on the limit: And Al -Bayhaqi in “Al -Sunan”, and the ruler in “Al -Mustadrak” and corrected it.
The honorable Sharia urged a person to cover himself up if he falls into disobedience
In addition to this; The true Sharia was not satisfied with the matter of covering up others, but rather touched that a person is obligated to cover himself his mistake, and that his defect does not appear or expose himself if he falls into disobedience or committed a sin; For his saying, may God’s prayers and peace be upon him and his family: “O people, it is time for you to be forbidden from the limits of God, whoever suffers from this one of the aspirations is something, so let it be, for the sake of God. His eloquence, we are based on him, the Book of God.
Imam Ibn Abd al -Barr said in Al -“Al -Inthemeh”, explaining the hadith: [وفيه أيضًا ما يدل على أنَّ السِّتْرَ واجبٌ على المسلمِ في خاصةِ نفسهِ إذا أتى فاحشةً].
Imam Ibn Rushd said in “Al -Mutatat Al -Mudhaidiya”: [الإنسان مأمور بالستر على نفسه وعلى غيره] .
He also says in Al -Bayan and Al -Takifa: [الفواحش يجب على الرجل أن يسترها على نفسه وعلى غيره].
And Sheikh Al -Islam Zakaria Al -Ansari said in “Asni Al -Muttalib in Sharh Rawd Al -Talib” (4/131, i. Dar Al -Kitab Al -Islamic): [والمراد بقولهم: يستحب أن يستر على نفسه المعصية ألَّا يظهرها لِيُحَدَّ أَوْ يُعَزَّ فيكون إظهارها خلاف المستحب، أما التحدث بها تَفَكُّهًا أو مجاهرة فحرام قطعًا للأخبار الصحيحة فيه نَبَّهَ عليه الْأَذْرَعِيُّ] Ah.
The scholar Ibn Qudamah said in “Al -Mughni” (10/182, I. Cairo Library): [إنما ورد الشرع بالستر، والاستتار] Ah.
In addition, spreading the moral scandals of others on the means of reaching defamation is not a sound purpose; It often falls under a reprehensible request for fame; It was reported on the authority of Anas, may God be pleased with him, that the Messenger of God, may God’s prayers and peace be upon him and his family, said: “According to the evil of evil – except for those who have been disobeyed by God – that people refer to him with the people of God, peace be upon him, and the Messenger of God said: And peace: “According to the evil of evil, to refer to him in his debt, and his religion is only those who have been disobeyed by God.” Al -Bayhaqi brought them out in the “People of Faith.”
The position of Egyptian law on the infringement of the sanctity of life for others
The Egyptian legislator stipulates that everyone who assaults the sanctity of the private life of others must be punished, whether by eavesdropping, registering for their conversations, photographing them, or transferring their photos of any means, as stated in Article (309) bis of the Egyptian Penal Code No. (85) of 1937 AD according to the last amendment issued on November 20, 2021 AD, and Article (25) of Law No. (175) for the year 2018 Control of IT crime.
The ruling on spreading and spreading action with the intention of denying evil
The judgment does not differ in the fact that the destination of publication is the denial of evil; Because the denial of the evil has controls and constants that should not be overlooked, and in the forefront: that denial is legitimate, and that it does not entail a spoiler- so that the interest in it is likely to spoil- according to the jurisprudence rule: “Wathing of evil is the first to bring interests.” As in “Al -Ashhab and Al -Nazz” by Imam Al -Suyuti (p. 87, i. Dar Al -Kutub Al -Alami).
It is not valid for the analogy here on the claim of denial of evil to spread the scandalous act and its spread; Because it includes several future evils and actions that exceed the act in itself, and it has been decided that “it is not permissible to deny what is wrong with what is denied.”
Ruling on informing the authorities of the occurrence of acts of modesty
The guardian is not informed of the guardian from the previous prohibitions, and this is not inconsistent with the order to cover and the Attar as previously report; Imam al-Nawawi said in “Al-Minhaj Sharh Sahih Muslim” (16/135, I. [وأما الستر المندوب إليه هنا فالمراد به الستر على ذوي الهيئات ونحوهم ممَّن ليس هو معروفًا بالأذى والفساد، فأما المعروف بذلك فيستحب ألَّا يستر عليه بل ترفع قضيته إلى ولي الأمر إن لم يخف من ذلك مفسدة؛ لأن الستر على هذا يُطْمعهُ في الإيذاء والفساد وانتهاك الحرمات وجسارة غيره على مثل فعله.. فلو رفعه إلى السلطان ونحوه لم يأثم بالإجماع] Ah.
Imam Al -Sanani said in “The Ways of Peace” (2/638): [فلو رفعه إلى السلطان كان جائزًا له، ولا يأثم به، قلت: ودليله أنه صلى الله عليه وآله وسلم لم يَلُمْ هزالًا ولا أبان له أنه آثم، بل حرضه على أنه ينبغي له ستره، فإن علم أنه تاب وأقلع حرم عليه ذكر ما وقع منه ووجب عليه ستره، وهو في حق من لا يعرف بالفساد والتمادي في الطغيان، وأما من عرف بذلك فإنه لا يستحب الستر عليه، بل يرفع أمره إلى من له الولاية إذا لم يخف من ذلك مفسدة؛ وذلك لأن الستر عليه يغريه على الفساد ويجرئه على أذية العباد ويجرئ غيره من أهل الشر والعناد] Ah.
This falls within the right to report the crimes prescribed for everyone who learned of a crime – according to Article (25) of the Criminal Procedure Law No. (150) for the year 1950 AD, according to its latest amendments in 2020 AD – as a type of use of the right, as one of the reasons for permissible the illegal act in Egyptian law and Islamic jurisprudence.
It is not permissible for anyone in any way to justify himself to permissible what God has singled out for others, except because of a project of “permissibility” is a prohibition of privacy and respect for them and the preservation of symptoms.
The penalty for publishing videos disturbed
The penalty for publishing a violated videos that fall under the name, the crime of incitement to immorality, immorality and the scandalous act that violates public modesty, may reach three years imprisonment, according to Article 1 of the Anti -prostitution Law No. 10 of 1961, “Whoever incites a male or female person to commit immorality or prostitution or helped him or easy for him, as well as everyone who used it or lured it or seduces it with the intention of committing immorality Prostitution is punishable by imprisonment for a period of no less than a year and not more than three years and a fine of one hundred pounds to three hundred pounds.
Also, Article 14 of the same law stipulates: Anyone who declares in any way of advertising an invitation that includes seduction of immorality or prostitution or drawing attention to this, shall be punished with imprisonment for a period not exceeding three years and a fine not exceeding one million pounds.
Article 178 of the Penal Code also stipulates that it “is punished with imprisonment for a period not exceeding two years and a fine of no less than five thousand pounds. Everyone who publishes photographic clips on social media if it is inspired by life.”
Article 269 bis of the decree of Law No. 11 of 2011 issued by the Supreme Council of the Armed Forces to amend some provisions of the Penal Code: “imprisonment for a period of no less than three months. For five hundred pounds and not more than three thousand pounds, and the conviction of the convict is entrusted with the status of the convict under the police’s supervision for a period equal to the period of the penalty.
Article 306 bis A: “To be punished with imprisonment for a period of no less than six months and no more than two years and a fine of no less than five hundred pounds and not exceeding two thousand pounds or one of these two penalties, everyone who is exposed to a person by saying or actually or by reference to a face that scratches his shame on a public road or a place of hammer, and the rule of the previous paragraph is valid if the scratching of modesty has occurred on the phone or any means Wireless.
