In the treasury of Islamic Jurisprudence (Fiqh) and Sufism, sin is categorized into two major dimensions: sins related to the rights of Allah (Haqqullah) and sins related to the rights of other people (Haqqul Adami). Often, a servant feels content weeping and seeking forgiveness on the prayer rug, forgetting the unsettled obligations they owe to others. In fact, Islamic Sharia places the rights of others in a very crucial and strict position.
This article will delve deeply into the fourth condition of valid repentance according to Imam Nawawi rahimahullah, namely Al-Bara’ah (freeing oneself from the rights of others), by directly referencing authoritative classical texts. We will discuss concrete case studies regarding property, speech (backbiting), and honor (false accusation).
Before continuing, also study the article about the essence and the ruling of repentance in Islam.
The Urgency and Fourth Condition: Al-Bara’ah (Exoneration of Liabilities)
As is well-known in fundamental discussions, Imam Nawawi established three requirements for sincere repentance which are solely a matter between the servant and Allah: immediate cessation (al-iqla’), regret (an-nadam), and a firm resolve not to repeat the sin (al-‘azm). However, if the transgression involves a third party (another person), then one more requirement is added.
Imam Nawawi explained in the text of the book:
وإن كانت المعصية تتعلق بآدمي فشروطها أربعة : هذه الثلاثة , وأن يبرأ من حق صاحبها
“And if the transgression involves the rights of another person, then there are four conditions (for expiation): (namely) the three conditions (mentioned above), and he must absolve himself of the rights of the wronged party.”
The term Yabra’u (to free oneself) indicates that repentance for social sins is not sufficient with inner intention alone. There must be real action to resolve disputes or obligations, whether material or immaterial. Without this fourth condition, a person’s repentance is still “pending” or not fully valid in the sight of Allah SWT.
Case Study 1: Repentance from the Sin of Wealth (Material Possessions)
The most common case in social interactions is the violation of material rights, such as theft, corruption, consuming the property of orphans, or unpaid debts. In this context, Sharia is strict: the property must be returned to its rightful owner.
The reference text states:
فإن كانت مالا أو نحوه رده إليه
“Therefore, if (it) is property or something similar, he must return it to its owner.”
Implementation of Islamic Jurisprudence:
- Physical Return: If the taken item still exists, it is obligatory to return it in its entirety.
- Replacement of Value: If the item is damaged or lost, it is obligatory to replace it with a similar item (mitsl) or with its price equivalent (qimah) at the time of the damage.
- Charity is Insufficient: You cannot simply donate stolen property in your own name as a substitute for restitution, unless the owner is truly untraceable (lost without a trace/deceased and has no heirs), in which case it should be donated in the name of the original owner with the intention of dhaman (guarantee of compensation if the owner appears).
Deep regret without the return of assets (asset recovery) is futile from the perspective of Islamic jurisprudence of transactions.
Case Study 2: Repentance from False Accusation of Adultery and Violation of Honor
The second case concerns physical honor or serious accusations. A prime example is Qadzaf (falsely accusing chaste individuals of adultery without four witnesses) or physically harming others which necessitates Qishash or Hadd.
Our references explain the procedure:
وإن كان [ أي حق الآدمي ] حدّ قذف ونحوه مكّنه منه أو طلب عفوه
“And if (the right of the claimant) is a ḥadd punishment for false accusation of adultery (qadhf) and the like, then he must surrender himself to the claimant (to be punished) or seek his forgiveness.”
Fiqh Analysis:
In this case, the perpetrator has two options to achieve bara’ah:
- At-Tamkin (Submission): The perpetrator approaches the victim and admits their wrongdoing, then surrenders to receive commensurate punishment (for example, flogging if formal Islamic law applies, or to be processed according to justice).
- Requesting Forgiveness (Thalab al-‘Afw): The perpetrator earnestly asks the victim to forgive them and not demand punishment. If the victim forgives, the sin is expiated.
This demonstrates how valuable a Muslim’s honor is. Repentance requires extraordinary moral courage to admit wrongdoing before the victim.
Case Study 3: Repentance from Backbiting (Speech)
The third case is the sin that is most often underestimated but carries the heaviest weight in the Hereafter: Ghibah (backbiting/talking about the faults of others).
Imam Nawawi explained the requirements of repentance:
وإن كانت غيبة استحلّه منها
“And if (the sin) is backbiting, then he must seek forgiveness from the one he backbit.”
The Mechanism of Istihlal (Seeking Permissibility):
Unlike assets that can be quantified, the wounds caused by ghibah are in the heart and reputation.
- Visiting the Victim: The perpetrator is obligated to visit the person who was backbit about.
- Honest Confession: Stating that he/she has spoken ill of the victim (some scholars opine that mentioning it generally is sufficient if detailing it would instead cause greater anger/harm).
- Seeking Permission: Asking the victim to pardon and absolve the perpetrator of the act.
What if the person who was backbited cannot be met (has passed away or is far away) or there is a fear of bloodshed if one confesses? Scholars of tasawwuf and fiqh offer alternative solutions (as an emergency exit): To seek forgiveness (istighfar) for the victim as many times as one engaged in backbiting, and to praise the victim’s virtues in gatherings where one previously slandered them.
Summary Table of the Procedure for True Repentance (Taubat Haqqul Adami)
To facilitate understanding, here is a classification of actions based on the type of sin:
| Types of Rights Violations (Haqqul Adami) | Forms of Violation | Specific Requirements (Actions) | Reference |
|---|---|---|---|
| Property (Al-Mal) | Theft, Corruption, Debt, Deception | Returning the property to its owner (Radduhu ilaihi). | فإن كانت مالا أو نحوه رده إليه |
| Physical/Honor (Ḥadd) | Qadhf (False Accusation of Adultery), Injury | Submitting to punishment or seeking forgiveness (Tamkin aw Thalab al-‘Afw). | مكّنه منه أو طلب عفوه |
| Speech/Reputation | Ghibah (Backbiting), Minor Slander | Seeking halal/consent (Istihlal). | وإن كانت غيبة استحلّه منها |
Preserving the Environment as a Support for Repentance
After completing matters with people, a servant must maintain consistency in their repentance (istiqamah). The source text mentions that one crucial factor is the environment of companionship.
ومن شروط التوبة ترك قرناء السوء , وهجر الأصحاب الفسقة
“And among the conditions of repentance is to leave bad companions, and to distance oneself from wicked friends.”
Often, a person reverts to social sins (such as collective backbiting) because they return to sit with friends who enjoy fault-finding. Therefore, breaking the chain of this toxic environment is part of perfecting repentance.
FAQ: Questions About True Repentance (Taubat Haqqul Adami)
Can sins against other people be fully expiated solely through Istighfar (seeking forgiveness) and repentance prayers?
It is not possible. Istighfar only expiates the sins of negligence towards Allah. The rights of people (Ḥaqqul Adami) can only be settled in two ways: by returning the right in this world or by paying with the reward of our good deeds in the hereafter (bankruptcy). Therefore, settle it in this world.
What if I want to return stolen money, but am ashamed to confess?
In fiqh, the most important thing is that the property reaches its owner (wushul al-haqq). You can use an intermediary (courier/anonymous transfer) or channel it secretly, as long as you are sure the property reaches the owner. Verbal confession is preferable, but if it causes harm, returning the property is obligatory.
What is meant by “Taubat Nasuha” in a social context?
Nasūḥa repentance is a sincere repentance, where the perpetrator fulfills all the conditions (including returning the rights of others), feels remorse honestly, and has a firm determination not to repeat the injustice against anyone.
Do we need to seek out the person we backbit about if it happened years ago?
It is obligatory to try to find them to the best of our ability. If we have tried our best but still haven’t found them (or the person has passed away), then increase prayers for goodness and seek forgiveness for them, and give charity in their name.
And Allah knows best.
Reference
‘Abd al-Qādir bin ‘Abd Allāh bin Qāsim bin Muḥammad bin ‘Īsā ‘Azīzī al-Ḥalabī al-Syādhilī, Ḥaqā’iq ‘an al-Taṣawwuf (Aleppo, Syria: Dār al-‘Irfān, print XVI, 1428 H/2007 CE).
