Backbiting a Fasiq

Q 5: What is your opinion of the Hadith that states, Backbiting a Fasiq (someone flagrantly violating Islamic law) is not considered Ghibah (backbiting). ? If it is Sahih (authentic), is warning people against an envier considered Ghibah or not? Who can be warned against while not being considered Ghibah? Please advise, may Allah bless you. (Part No. 26; Page No. 20

A: Ghibah is strongly prohibited, according to Allah's statement, ...neither backbite one another. Would one of you like to eat the flesh of his dead brother? It was also authentically reported on the authority of Anas (may Allah be pleased with him) that the Prophet (peace be upon him) stated, When I was taken up into the heavens, I passed by people who had nails of copper, scratching with them their faces and chests. I asked, "Who are these, O Jibril (Gabriel)?" He said, "They are those who eat the flesh of people (backbite people) and asperse their honor." Narrated by Imam Ahmad and Abu Dawud with a Sahih Isnad (chain of narration). The Prophet (peace be upon him) explained Ghibah as saying something a person might not like behind their back.However, it is permissible in certain situations proved by Shar`y (Islamically lawful) pieces of evidence, such as consulting in marriage or before partnership, or complaining about someone to the rulers to stop their injustice. In this case, there is no harm in saying things they dislike about them, as it achieves an interest. The situations where Ghibah is permissible were summed up in two lines of poetry that says, (Part No. 26; Page No. 21) Ghibah does not include six cases;Complaining of injustice and sheer enlightening,Warning people, and exposing libertines,And seeking aid against abominationsHowever, if there is no interest resulting from talking about people in a way they dislike, it is considered prohibited Ghibah.As for the inquiry about the Hadith that states, Backbiting a Fasiq is not considered Ghibah. It was mentioned by Imam Ahmad that this Hadith is Munkar (rejected Hadith reported by a weak narrator whose narration conflicts with an authentic Hadith). Al-Hakim, Al-Daraqutny and Al-Khatib mentioned that it is Batil (false).However, the evidence that backbiting a Fasiq is not considered Ghibah is what was authentically reported from the Prophet (peace be upon him), that a funeral procession passed and the people praised the deceased. He (peace be upon him) said, "It has been affirmed to him." Then, another funeral procession passed and the people spoke badly of the deceased. He (peace be upon him) said, "It has been affirmed to him." The people asked the Prophet (peace be upon him), "What has been affirmed?" He replied, "You praised the first, so Jannah (Paradise) has been affirmed to him; and you spoke badly of the other, so Hellfire has been affirmed to him. You people are Allah's witnesses on earth." He did not blame them for speaking badly about the person whom they knew to be a Fasiq. This shows that backbiting a Fasiq is not considered Ghibah. (Part No. 26; Page No. 22) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.