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The Islamic Verdict on Those Who Perform Espionage Against the Muslims - UmmHabibah - 01-12-2004
<b>The Islamic Verdict on Those Who Perform Espionage Against the Muslims</b>
Abu Mu'aadh al-Makki
<b>Brotherhood in Islam</b>
All Praise is to Allah عز وجل and His Salat on Prophet Muhammad صلى الله عليه وسلم and his companions. Before we get to the Islamic verdict on those who spy against the Muslims, we would like to mention some important principles that may serve as a guideline for understanding the serious nature of this issue. We must understand that Muslims are brothers unto each other. This principle is reflected in various verses of the Qur’an and authentic Hadith of Prophet صلى الله عليه وسلم.
Allah عز وجل says:
إِنَّمَا الْمُؤْمِنُونَ إِخْوَةٌ فَأَصْلِحُوا بَيْنَ أَخَوَيْكُمْ وَاتَّقُوا اللَّهَ لَعَلَّكُمْ تُرْحَمُونَ
The believers are naught else than brothers. Therefore make peace between your brethren and observe your duty to Allah that haply you may obtain mercy. (The Quran 49:10)
مُّحَمَّدٌ رَّسُولُ اللَّهِ وَالَّذِينَ مَعَهُ أَشِدَّاء عَلَى الْكُفَّارِ رُحَمَاء بَيْنَهُمْ
Muhammad is the messenger of Allah. And those with him are hard against the disbelievers and merciful among themselves. (The Quran 48:29)
وَالَّذِينَ جَاؤُوا مِن بَعْدِهِمْ يَقُولُونَ رَبَّنَا اغْفِرْ لَنَا وَلِإِخْوَانِنَا الَّذِينَ سَبَقُونَا بِالْإِيمَانِ وَلَا تَجْعَلْ فِي قُلُوبِنَا غِلًّا لِّلَّذِينَ آمَنُوا رَبَّنَا إِنَّكَ رَؤُوفٌ رَّحِيمٌ
And those who came (into the faith) after them say: Our Lord Forgive us and our brothers who were before us in the faith, and place not in our hearts any rancor toward those who believe. Our Lord! Thou art Full of Pity, Merciful. (The Quran 59:10)
As for the Hadith of our beloved Prophet صلى الله عليه وسلم, they are numerous but it would suffice to cite only few of them.
Abdullah Ibn Umar (May Allah be pleased with him) narrated that Allah's Messenger صلى الله عليه وسلم said, “A Muslim is a brother of another Muslim, so he should not oppress him, nor should he hand him over to an oppressor. Whoever fulfilled the needs of his brother, Allah will fulfill his needs; whoever brought his (Muslim) brother out of a discomfort, Allah will bring him out of the discomforts of the Day of Resurrection, and whoever screened a Muslim, Allah will screen him on the Day of Resurrection.” (Bukhari)
Uqbah ibn Amir (May Allah be pleased with him) narrated that Allah's Messenger صلى الله عليه وسلم said: “A believer is the brother of a believer, so it is not lawful for a believer to outbid his brother, and he should not propose an engagement when his brother has thus proposed until he gives up.” (Muslim)
Uthman Ibn Affan (May Allah be pleased with him) narrated that whenever the Prophet صلى الله عليه وسلم became free from burying the dead, he used to stay at him (i.e. his grave) and say: “Seek forgiveness for your brother, and beg steadfastness for him, for he will be questioned now.” (Abu Dawood)
The Disbelief of Those Who Help Disbelievers Against the Believers
Now that we have mentioned this important principle of brotherhood, we must also know that our relationship with the disbelievers is that of Baraa. [1] This necessitates that we do not support the disbelievers against the believers; neither do we give victory to the disbelievers over the believers. Whosoever supports the disbelievers against the believers is considered a disbeliever and apostate by the consensus of the scholars. [2] Such is supported by the various verses in the Quran and the authentic Hadith of the Prophet صلى الله عليه وسلم. Allah عز وجل says:
يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَتَّخِذُوا الْيَهُودَ وَالنَّصَارَى أَوْلِيَاءَ بَعْضُهُمْ أَوْلِيَاءُ بَعْضٍ وَمَنْ يَتَوَلَّهُمْ مِنْكُمْ فَإِنَّهُ مِنْهُمْ إنَّ اللَّهَ لَا يَهْدِي الْقَوْمَ الظَّالِمِينَ
O you who believe! Take not the Jews and the Christians as Auliya' (friends, protectors, helpers, etc.), they are but Auliya' to one another. And if any amongst you takes them as Auliya', then surely he is one of them. Verily, Allah guides not those people who are the Zalimun (polytheists and wrongdoers and unjust). (The Quran 5:51).
إنَّ الَّذِينَ ارْتَدُّوا عَلَى أَدْبَارِهِمْ مِنْ بَعْدِ مَا تَبَيَّنَ لَهُمُ الْهُدَى الشَّيْطَانُ سَوَّلَ لَهُمْ وَأَمْلَى لَهُمْ ذَلِكَ بِأَنَّهُمْ قَالُوا لِلَّذِينَ كَرِهُوا مَا نَزَّلَ اللَّهُ سَنُطِيعُكُمْ فِي بَعْضِ الْأَمْرِ وَاللَّهُ يَعْلَمُ إسْرَارَهُمْ
Verily, those who have turned back (have apostated) as disbelievers after the guidance has been manifested to them, Shaitan (Satan) has beautified for them (their false hopes), and (Allah) prolonged their term (age). This is because they said to those who hate what Allah has sent down: "We will obey you in part of the matter," but Allah knows their secrets. (The Quran 47:25-26)
لَا يَتَّخِذِ الْمُؤْمِنُونَ الْكَافِرِينَ أَوْلِيَاءَ مِنْ دُونِ الْمُؤْمِنِينَ وَمَنْ يَفْعَلْ ذَلِكَ فَلَيْسَ مِنَ اللَّهِ فِي شَيْءٍ إِلَّا أَنْ تَتَّقُوا مِنْهُمْ تُقَاةً وَيُحَذِّرُكُمُ اللَّهُ نَفْسَهُ وَإِلَى اللَّهِ الْمَصِيرُ
Let not the believers take the disbelievers as Auliya (supporters, helpers, etc.) instead of the believers, and whoever does that will never be helped by Allah in any way, except if you indeed fear a danger from them. And Allah warns you against Himself (His Punishment), and to Allah is the final return. (The Quran 3:28)
لَا تَجِدُ قَوْمًا يُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ يُوَادُّونَ مَنْ حَادَّ اللَّهَ وَرَسُولَهُ وَلَوْ كَانُوا آبَاءَهُمْ أَوْ أَبْنَاءَهُمْ أَوْ إخْوَانَهُمْ أَوْ عَشِيرَتَهُمْ
You (O Muhammad) will not find any people who believe in Allah and the Last Day, making friendship with those who oppose Allah and His Messenger (Muhammad), even though they were their fathers, or their sons, or their brothers, or their kindred (people). (The Quran 58:22)
There are numerous Hadith that also support the view that the believers must not support the disbelievers against other believers or otherwise they take the same ruling as that of the disbelievers.
A Hadith recorded by Bukhari supports this:
Abul Asswad (May Allah be pleased with him) narrated that an army unit was being recruited from the people of Medina and my name was written among them. Then I met 'Ikrima (May Allah be pleased with him), and when I informed him about it, he discouraged me very strongly and said, "Ibn 'Abbas (May Allah be pleased with him) told me that there were some Muslims who were with the pagans to increase their number against Allah's Apostle صلى الله عليه وسلم (and the Muslim army) so arrows (from the Muslim army) would hit one of them and kill him or a Muslim would strike him (with his sword) and kill him. So Allah revealed: “Verily! As for those whom the angels take (in death) while they are wronging themselves (as they stayed among the disbelievers even though emigration was obligatory for them), they (angels) say (to them): "In what (condition) were you?" They reply: "We were weak and oppressed on earth." They (angels) say: "Was not the earth of Allah spacious enough for you to emigrate therein?" Such men will find their abode in Hell - What an evil destination! Except the weak ones among men, women and children who cannot devise a plan, nor are they able to direct their way. For these there is hope that Allah will forgive them, and Allah is Ever Oft Pardoning, Oft-Forgiving.” (The Quran 4:97)
This clearly shows that if anyone is seen in the ranks of the disbelievers, he will be treated on the basis of what is apparent in front of the Muslims. Those individuals who are coerced and under compulsion to join the disbelievers, they take the same ruling as the other disbelievers because this is what their apparent state is [3] . Then how severe would be the case of those who voluntarily rally to support the disbelievers and give victory to them? The ruling on them is similar to that of the disbelievers that they supported. [4]
<b>The Jasūs (Spy)</b>
Allah عز وجل says:
And spy not, neither backbite one another (The Quran 49:12)
Al-Nawawi (May Allah have mercy on him) said:
Some of the scholars said that tahassus with letter HA, ‘snooping’ means listening to other people’s conversations, and tajassus with letter JEEM, ‘spying’ means seeking out other people’s faults. it was also suggested that tajassus means looking for secrets. The word is mostly used in the sense of evil. The Jasūs ‘spy’ is the one who seeks out secrets for evil purposes and the nāmūs is the one who seeks out secrets for good purposes. And it was suggested that tajassus refers to looking for information for someone else, and tahassus means looking for information for oneself. This was the view of Tha’lab. And it was said that they mean one and the same, which is seeking out information about people’s state of affairs.
<b>Kinds of Spying</b>
Despised spying may be divided into two categories:
1. Spying that makes one sinful
2. Spying that expels one from the fold of Islam
<b>Spying that Makes One Sinful</b>
Spying can be a sin if a person seeks the faults of his Muslim brother for the sake of exposing him in front of other people. It may even be unveiling the secrets of a Muslim brother in front of others. Spying leads to backbiting and backbiting is Haram. Therefore, Allah has closed every door that leads to the evil of backbiting and has made spying Haram.
This form of spying is condemned in various Hadith of Prophet صلى الله عليه وسلم.
Abu Huraira (May Allah be pleased with him) narrated that the Prophet صلى الله عليه وسلم said, "Beware of suspicion, for suspicion is the worst of false tales; and do not look for the others' faults and do not spy, and do not be jealous of one another, and do not desert (cut your relation with) one another, and do not hate one another; and O Allah's worshipers! Be brothers (as Allah has ordered you!"). (Bukhari)
Ibn Abbas narrated that the Prophet صلى الله عليه وسلم said, "Whoever claims to have seen a dream which he did not see, will be ordered to make a knot between two barley grains which he will not be able to do; and if somebody listens to the talk of some people who do not like him (to listen) or they run away from him, then molten lead will be poured into his ears on the Day of Resurrection …(Bukhari)
Abu Barza Al-Aslami (May Allah be pleased with him) narrated that the Prophet صلى الله عليه وسلم said: O community of people, who believed by their tongue, and belief did not enter their hearts, do not back-bite Muslims, and do not search for their faults, for if anyone searches for their faults, Allah will search for his fault, and if Allah searches for the fault of anyone, He disgraces him in his house. (Ahmad and Abu Dawood)
<b>Spying that Expels One From the Fold of Islam</b>
Spying can be Kufr (disbelief), if it is done for the sake of helping the disbelievers against the believers. Such an action takes the person out of the fold of Islam and makes him an apostate because it entails supporting the disbelievers against the believers. The disbelief of those who help disbelievers against the believers has already been discussed earlier. One additional proof is as follows:
In the two Sahihs of Bukhari and Muslim, an incident is narrated on the authority of Ali (May Allah be pleased with him). This incident took place during conquest of Makkah. Ali (May Allah be pleased with him) said:
Allah's Apostle صلى الله عليه وسلم sent me, Az-Zubair (May Allah be pleased with him) and Al-Miqdad (May Allah be pleased with him) saying, "Proceed till you reach Rawdat Khakh where there is a lady carrying a letter, and take that (letter) from her." So we proceeded on our way with our horses galloping till we reached the Rawda, and there we found the lady and said to her, "Take out the letter." She said, "I have no letter." We said, "Take out the letter, or else we will take off your clothes." So she took it out of her braid, and we brought the letter to Allah's Apostle. The letter was addressed from Hatib, bin Abi Balta’a to some pagans of Mecca, telling them about what Allah's Apostle intended to do. Allah's Apostle said, "O Hatib! What is this?" Hatib replied, "O Allah's Apostle صلى الله عليه وسلم! Do not make a hasty decision about me. I was a person not belonging to Quraish but I was an ally to them from outside and had no blood relation with them, and all the emigrants who were with you, have got their kinsmen (in Mecca) who can protect their families and properties. So I liked to do them a favor so that they might protect my relatives as I have no blood relation with them. I did not do this (with the intention) of Kufr or apostasy nor did I do it to choose disbelief after Islam." Allah's Apostle said to his companions, -As regards him; he (i.e. Hatib) has told you the truth." 'Umar (May Allah be pleased with him) said, "O Allah's Apostle صلى الله عليه وسلم! Allow me to chop off the head of this hypocrite!" The Prophet صلى الله عليه وسلم said, "He (i.e. Hatib) has witnessed the Badr battle (i.e. fought in it) and what could tell you, perhaps Allah looked at those who witnessed Badr and said, "O the people of Badr (i.e. Badr Muslim warriors), do what you like, for I have forgiven you.
This incident shows that supporting the disbelievers and giving them victory (over the Muslims) is apostasy and it takes one out of the religion of Islam. Such is evident for three reasons.
<b>The First Reason:</b>
The first reason being the statement of Umar (May Allah be pleased with him), "O Allah's Apostle! Allow me to chop off the head of this hypocrite!" in another narration, Umar said: “He (Hatib) has disbelieved” and in a different narration, after the Prophet صلى الله عليه وسلم told Umar (May Allah be pleased with him), “Has he not witnessed (fought) in the battle of Badr?” Umar (May Allah be pleased with him) responded by saying: “Certainly, but by supporting your enemies against you, he has annulled the covenant that existed between him and you.” This shows that Umar (May Allah be pleased with him) held the opinion that supporting the disbelievers against the believers is Kufr (disbelief) and Apostasy.
<b>The Second Reason:</b>
Even the Prophet صلى الله عليه وسلم affirmed Umar’s (May Allah be pleased with him) stance on this issue that the act that Hatib (May Allah be pleased with him) committed was an act of hypocrisy) but he, صلى الله عليه وسلم explained to Umar (May Allah be pleased with him) that the only reason he صلى الله عليه وسلم has made exception to Hatib’s (May Allah be pleased with him) case because Hatib (May Allah be pleased with him) is from the warriors of the battle of Badr.
<b>Third Reason:</b>
Hatib (May Allah be pleased with him) himself stated, “I did not do this (with the intention) of Kufr (disbeleif) or apostasy nor did I do it to choose disbelief after Islam.” This statement proves that even Hatib himself was aware that supporting the disbelievers against the believer’s is disbelief, and apostasy.
Then how is the situation of those who support the disbelievers and help them against the believers and give them victory over the believers? They ruling on such people is surely more severe than the one mentioned in this Hadith.
The Punishment for those Who Spy Against the Believers in Support of Disbelievers and Engage in other forms of Espionage
Scholars have differed concerning the punishment reserved for the one who engages in spying and espionage spy depending on his status. [5] The correct opinion however is that he is to be killed and his repentance is not accepted as is stated by numerous scholars.
Imām Sahnūn (May Allah have mercy on him) said:
“If a Muslim corresponds with ahl al-Harb (People that the Muslims are at war with), he is to be killed and is not asked to repent…”
Ibn al-Qāsim (May Allah have mercy on him) said:
He (spy) is to be killed and it is not known that he is to be asked for repentance. He is like a Zandiq.[6]
Ibn Taymiyyah (May Allah have mercy on him) said:
Mālik and a group of Ahmad’s companions (Hanbali scholars) hold the opinion that the spy is to be killed.[7]
والله أعلم وصلى الله وسلم على نبينا محمد وعلى آله وصحبه أجمعين
[1] Al-Bara is to hate and oppose anyone who opposes Allah, His Prophet, the righteous companions, and the righteous believers. Such opponents include disbelievers or polytheists, hypocrites, heretics, or the evil doers.
[2] Commenting on the verse And if any amongst you takes them as Auliya', then surely he is one of them. (The Quran 5:51), the scholar of al-Andalus, Ibn Hazm said, what is correct is that His statement, the Most High, And if any amongst you takes them as Auliya', then surely he is one of them. Is only upon its apparent (meaning) in that he is a disbeliever from the generality of disbelievers, and no two Muslims disagree about that. (al-Muhalla 11/138)
[3] This is in relation to the issue of assisting the disbelievers against the Muslims on the battlefront. No one is exempt from the ruling of disbelief and apostasy in this save the one who is actually under compulsion and along with that does not fight the Muslims. it is not allowed for the one under compulsion to fight the Muslims or to take the life of another Muslim. This is because he is not allowed to consider his own soul more sacred that the soul of the one whom he is ordered to kill Shaykh Sulayman ibn Abdillah aal-Ash-Shaykh said explaining the principle of coercion: No one is exempted from that (i.e. the ruling of disbelief and apostasy) save the compelled one and he is the one whom the Mushrikun overcome whereby they say to him: commit disbelief or: Do this or we will do (harm) to you and kill you.- Or they take him and torture him until he agrees to them (in their demand) So in that case, it is allowed for him to (show) agreement with the tongue whilst having contentment in the heart with Iman. (ad-Durrar as-Sanniyah 8/121)
[4] With this, we must also mention that Allah has commanded us to be just and it is on account of this justice that the Messengers were sent and the Books were revealed. Allah Who is free from all imperfections, stated: O you who believe! Stand out firmly for justice, as witnesses to Allah, even though it be against yourselves, or your parents, or your kin, be he rich or poor, Allah is a Better Protector to both (than you). So follow not the lusts (of your hearts), lest you may avoid justice, and if you distort your witness or refuse to give it, verily, Allah is Ever Well Acquainted with what you do. (The Quran 4:135) And He also says: Verily, Allah enjoins Al-Adl (i.e. justice and worshipping none but Allah Alone - Islamic Monotheism) and Al-Ihsan [i.e. to be patient in performing your duties to Allah, totally for Allah's sake and in accordance with the Sunnah (legal ways) of the Prophet in a perfect manner, and giving (help) to kith and kin (i.e. all that Allah has ordered you to give them e.g., wealth, visiting, looking after them, or any other kind of help, etc.): and forbids Al-Fahsha' (i.e all evil deeds, e.g. illegal sexual acts, disobedience of parents, polytheism, to tell lies, to give false witness, to kill a life without right, etc.), and Al-Munkar (i.e all that is prohibited by Islamic law: polytheism of every kind, disbelief and every kind of evil deeds, etc.), and Al-Baghy (i.e. all kinds of oppression), He admonishes you, that you may take heed. (The Quran 16:90). The concept of justice is general for all human beings whether they be believers or disbelievers, and it is not permissible for any believer to show injustice to anyone even if such injustice is due to some resentment or hatred. Allah„ says: Allah does not forbid you to deal justly and kindly with those who fought not against you on account of religion and did not drive you out of your homes. Verily, Allah loves those who deal with equity. (The Quran 60:8)
[5] Imam Nawai stated that as far as the spy from the enemies of the Muslims is concerned, then he is to be killed and there is consensus on this issue. But the difference is concerning those spies who live under the Muslim rule. Malik and Auzai are of the opinion that if the spy is a Dhimmi (Disbelievers living under the Muslim rule), then he has annulled the contract that existed between the Muslims and himself, thus he and may be killed. Shafi scholars are in variance with this opinion and say that he is not to be killed. They add to that that such a Dhimmi is only to be killed if it was stipulated in the Muslim contract between Muslims and the Dhimmis that they will not spy on the Muslims. Ibn Al-Qayyim is of the opinion that the case of the spy is left to the leader of the Muslims. He may kill him if he finds it beneficial and he may leave him if he finds beneficial. (See Nail al-Awtar by Shawkani and Zad Al-Ma’ad by Ibn Al-Qayyim)
[6] Aqidatur- Rasul, Muhammad Faraj, Page 191
[7] Majmu Al-Fatawa Vol 28. Page 109
The Islamic Verdict on Those Who Perform Espionage Against the Muslims - Muslimah - 01-14-2004
Jazaki Allah khairan Umm for this post