That which makes mentioning the negative attributes of another in his/her absence is a legitimate objective of the shari'a which cannot be achieved in any other way. Such a condition makes such speech lawful and not within the category of gheeba. There are various such exceptions:
1. Seeking redress for oppression. It is allowed for the victim of injustice or oppression to mention the one who has violated his rights to one capable of aiding him in restoring his rights.
2. Seeking help in commanding right and prohibiting wrong and bringing a wrongdoer back to obedience to Allah.
3. Seeking a fatwa. One may say to a judge, "So-and-so has taken my rights, so what avenues are open to me?". Specific mention of the individual is permissible, but keeping them unknown if possible is preferred by saying something like, "What do you say about someone who has been mistreated by someone in such-and-such manner?" The proof of permissibility is the following hadith:
ÇáÈÎÇÑí
Úóäú ÚóÇÆöÔóÉó ÑóÖöíó Çááøóåõ ÚóäúåóÇ ÞóÇáóÊú åöäúÏñ Ãõãøõ ãõÚóÇæöíóÉó áöÑóÓõæáö Çááøóåö Õóáøóì Çááøóåõ Úóáóíúåö æóÓóáøóãó Åöäøó ÃóÈóÇ ÓõÝúíóÇäó ÑóÌõáñ ÔóÍöíÍñ Ýóåóáú Úóáóíøó ÌõäóÇÍñ Ãóäú ÂÎõÐó ãöäú ãóÇáöåö ÓöÑøðÇ ÞóÇáó ÎõÐöí ÃóäúÊö æóÈóäõæßö ãóÇ íóßúÝöíßö ÈöÇáúãóÚúÑõæÝöFrom Aisha (ra), Hind Umm Mu'aawiya said to Allah's Messenger (sas), "Abu Sufyan is a stingy man, so is there any sin upon me if I take secretly from his property?" He (sas) said, "You and your children may take that which suffices your needs in a proper manner."
This constitutes sunnah taqreeriya (sunnah by implicit acceptance), since Allah's Messenger (sas) heard these words from Hind and did not criticize them.
4. Warning the Muslims. For example, if you see a seeker of knowledge frequenting the sessions of a person of bid'a, wrong aqidah or bad character, you may warn him about these attributes out of fear that he may be influenced by them. Likewise if you dealt with an employee or partner who was dishonest and stole, you can warn someone else thinking about doing business with them. Also, one who is consulted regarding a marriage or the selection of a trustee may mention what he knows about that person - BY WAY OF ADVICE and warning only to the one seeking advice and only if he knows that nothing will keep him clear of this danger if he does not warn him.
5. If someone is known by an uncomplimentary name or nickname such as Al-A'raj (the "lame"), etc., there is no sin in mentioning him by this name. If there is a way to avoid it, that is preferable.
6. If someone is committing wrongdoing openly and with no apparent shame. It is reported that it was said to Al-Hassan, "The corrupt one who makes his corruption open and public, is it gheeba if I mention him and his actions?" Al-Hassan answered, "No, and there is no honoring (of him)."
As for the required expiation of gheeba, know that the backbiter has commited two crimes:
1. A crime against Allah by committing that which Allah has forbidden. The expiation of this is by repentence and regret.
2. A crime against another of Allah's creation. If his statement has reached the ears of his victim, he should go to him and seek his release from what he has done and show is regret for his action.
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Úóäú ÃóÈöí åõÑóíúÑóÉó Úóäú ÇáäøóÈöíøö Õóáøóì Çááøóåõ Úóáóíúåö æóÓóáøóãó ÞóÇáó ãóäú ßóÇäóÊú íóÚúäöí ÚöäúÏóåõ ãóÙúáóãóÉñ Ýöí ãóÇáöåö Ãóæú ÚöÑúÖöåö ÝóáúíóÃúÊöåö ÝóáúíóÓúÊóÍöáøóåóÇ ãöäúåõ ÞóÈúáó Ãóäú íõÄúÎóÐó Ãóæú ÊõÄúÎóÐó æóáóíúÓó ÚöäúÏóåõ ÏöíäóÇÑñ æóáóÇ ÏöÑúåóãñ ÝóÅöäú ßóÇäóÊú áóåõ ÍóÓóäóÇÊñ ÃõÎöÐó ãöäú ÍóÓóäóÇÊöåö ÝóÃõÚúØöíóåóÇ åóÐóÇ æóÅöáøóÇ ÃõÎöÐó ãöäú ÓóíøöÆóÇÊö åóÐóÇ ÝóÃõáúÞöíó ÚóáóíúåöFrom Abu Huraira (ra) from the Prophet (sas) who said, "Whoever had some act of oppression toward another whether in his property or his respect, let him go to him and seek a release from it before he is taken in a state of poverty having no dinar nor any dirham. For if he has any good deeds they may be taken and given to the other, or that other's bad deeds may be taken and placed upon him."
If, on the other hand, the victim has no knowledge of what was said about him, he should stick to asking Allah to forgive him and anything he can do to "undo" the effects of his sin with regard to those who heard it. This is preferable to telling him something of which he has no knowledge and causing an unnecessary hurt. Mujahid said, "The expiation for consuming your brother's flesh is for you to speak well of him and make du'a for him for every good - that continues to be so even if he has passed away."