Three articles on the act of spying against Muslims or “Terrorists” & why it is Haraam

16-08-2007

[Below we have 3 excellent articles regarding spying on the Muslims. Today, the Western Governments are urging the Muslim Communities to spy on those that seem “Jihaadee” or seem to be doing or acting suspicious or who seems to be a “terrorist” who will carry out a “terrorist” operation. Spying on such people - even if their action would be considered Haraam in the Shari’ah, it would still be Haraam to spy on them. The Muslim Community must be aware that the Western Governments are fighting the true Islaam - by picking on the Mujaahideen - so it is incumbent upon all Muslims to stay away from the influence of the Government and their orders to spy on fellow believers. On a side note, it should be noted that in Islaamic history whenever the Muslims did Offensive Jihaad or an assassination attempt (and yes the Sahaabah have done this many times), and in some cases, they would try to blend in with the Kaafir society for some time and then eventually carry out their orders. One example is the killing of Musaylamah al-Khaddhaab. And if a Muslim were living in that society, it would be haraam for him to spy on that Mujaahid and then to report it back to the leaders.

The Muslim Community today has to realize that they are their own nation apart from the Kaafir nations and that they have their own troops: the Mujahideen. And it is the Mujahideen who will return the Islamic Caliphate on the earth, inshaa’Allaah. We have nothing to do with America and her allies and we declare to them that we are free from them and we hate them for the sake of Allah Ta’aala until they become Muslim. Anyone who declares allegiance to America & her allies has committed apostasy and only deserves humiliation in both worlds. And the example here that can be used is the hadeeth related to Haatib ibn Abi Balta’ah (radiyallahu ‘anhu) when he unintentionally spied for Quraysh, and he was nearly killed by the Sahaabah because of it.

So there is absolutely no justification whatsoever to spy on the Muslims. We hope that the likes of “Shaykh” Yasir Qadhi repents for their evil misdoings for they have spread these lies regarding the “permissibility” of spying against our bretheren.]

ARTICLE #1:

A number of scholars have seen it fit to address the question of espionage in the course of their discussions of Jihad. Because espionage is the most obvious form of treachery against the Muslims, especially in times of war. Their consideration of it within this context is a revealing point in itself. Therefore I have followed their footsteps and discussed the issue of espionage in the chapter of Jihad.

Spying is the ultimate form of treason, and for a Muslim it is a major sin. While it is a form of alliance with the disbelievers, the ruling on it may range from a declaration of disbelief and apostasy to a state of major sinfulness. If its motivation is a longing for the victory of the disbelievers, and a hope for their subjugation of the Muslims, then this is the act of a disbeliever, however if a person was motivated by a desire for some personal or worldly gain or something similar, then it is a major sin.

The story of the Prophet’s (sallallahu `alayhi wasallam) companion Haatib ibn Abu Baltaa is often related in this context. He was a veteran of Badr and of Hudaybiyyah, and was sent on the embassy to the Muqawqis, Patriarch of Alexandria and Master of Egypt, who returned him to Madeenah together with Maryam, the Copt. He died in the year 30 after the Hijrah at the age of 65. Allah (subhanahu wa ta`aala) warned us against espionage in the first verse of Surat al-Mumtahinah:

O you who believe! Do not take My enemies and your enemies as friends, showing affection towards them, while they have disbelieved in the truth that has come to you. They have driven the Messenger and yourselves out because you believe in Allah, your Lord. If indeed you had gone out to fight in My Cause and to seek My Good Pleasure, then do not confide your affections to them, I am All-Aware of what you conceal and of what you reveal. Whoever among you does this has surely strayed far from the Straight Path. [2]

At-Tabari remarked that you must not put yourself in league with your kith and kin, sons or daughters, if they are outside Islam; allying yourself to them and taking them into your hearts, since they could benefit you in no way on the Day of Resurrection, even if they were your closest relations. Those who are mindful of their duty shall enter Paradise and those who deny their obligations and are disobedient shall enter the Fire. [3]

Imaam al-Bukhaari informs us in the words of `Ali ibn Abu Taalib: Allah’s Messenger sent me, az-Zubayr and al-Miqdad somewhere saying: “Proceed till you reach the garden of Khakh. There you will find a lady with a letter. Take that letter from her.” So, we set out and our horses ran at full pace till we found the lady and said (to her): “Hand over the letter.” She replied: “I have no letter with me.” We said: “Either you hand over the letter or else we shall remove your clothes.” So, she removed it from her braid. We brought the letter to Allah’s Messenger; it contained a statement from Haatib ibn Abu Baltaa to some of the Makkan pagans, informing them of some of the intentions of Allah’s Messenger. Then Allah’s Messenger said: “O Haatib! What is this?” Haatib replied: “O Allah’s Messenger! Don’t hasten to give your judgment about me. I was a man closely connected with the Quraysh, but I do not belong to this tribe, while the other emigrants with you have their relatives in Makkah who could protect their dependents and property. So, I wanted to recompense for my lacking any blood relation to them by doing them a favor so that they might protect my dependents. I did this neither out of disbelief, nor apostasy, nor out of preferring Kufr (disbelief) to Islam.” Allah’s Messenger said: “Haatib has told you the truth.” `Umar said: “O Allah’s Messenger! Allow me to chop off the head of this hypocrite!’ Allah’s Messenger said: “Haatib participated in the Battle of Badr, and who knows, perhaps Allah has already looked at the Badr warriors and said: ‘Do whatever you like, for I have forgiven you.’” Thus, Allah revealed the above verses. [4]

Ibn al-Qayyim says that the tale of Haatim illustrates the permissibility of killing spies even when they are Muslims, since when `Umar wanted to kill Haatib the Prophet (sallallahu `alayhi wasallam) did not say: “You can’t kill a Muslim,” rather, he said: “Who knows, perhaps Allah has already looked at the Badr warriors and said: ‘Do whatever you like.’” So his response indicates that Haatib was spared only because he was a veteran of Badr. This leads us to conclude that it is permitted to kill a spy who is not protected by such a circumstance. This is the position of Imaam Maalik, Imaam ash-Shaafi`ee and Abu Haneefah say that a Muslim spy should not be killed. The Hanbalees are divided, though the opinion of Imaam Ahmad appears to be against killing a Muslim spy. Both sides found their arguments in the story of Haatib.

In the final analysis, the decision must be that of the Imaam. If the interests of the Muslims are best served by his death then he should be killed, but if these interests are better served by sparing his life then this is what should be done. Allah is best informed of the correct course. [5]

Ibn al-Qayyim added that there is another point raised by the story of Haatib. No matter how great the sin, so long as it is not Shirk, the blessings of some other great deed may wipe it away. This is what happened with Haatib whose crime of espionage was forgiven because of his earlier service at Bdr, since he had earned the Love of Allah and His Pleasure by his action at Badr. Allah was so pleased with him and proud of them that even a crime like espionage would not diminish this and shielded them from the anger of Allah; so the greater merit had overcome the lesser sin. This is a part of Divine Wisdom, He (subhanahu wa ta`aala) determines what is wholesome and what is not, He decrees reward and punishment, He makes the pure heart and the stricken one. And He (subhanahu wa ta`aala) said:

Surely good deeds wipe out evil ones. [6]

And Allah (subhanahu wa ta`aala) also said:

If you avoid the evil deeds that have been forbidden to you We will forgive you your transgressions. [7]

Ibn al-Qayyim continues by saying: Perhaps we should consider the depth of faith which lead Haatib to Badr, to put himself in the charge of the Messenger of Allah out of love for Allah and for His Prophet (sallallahu `alayhi wasallam), over and above his affection for his family and his tribe, while they had remained in their homes amidst the enemy; his resolve never slackened and his faith never weakened even though it brought him face to face on the field of battle with those who still live with his own kith and kin. But when he was corrupted by the act of spying, the strength of his faith was enough to overcome it, and as his condition worsened he rose to meet it. Thus, when the Prophet (sallallahu `alayhi wasallam) saw the strength of his faith overcame his illness (spying), he said: “Who knows, perhaps Allah has already looked at the Badr warriors and said: ‘Do whatever you like, for I have forgiven you.’”

This is the opposite of the case of Dhul-Khuwaysirah at-Tameemee who challenged the Messenger of Allah and those who followed his example; those from among the Khawaarij, whose strict observance of their ritual obligation was the envy even of the Companions of the Messenger (sallallahu `alayhi wasallam), but of whom the Messenger said: “If I shall meet them, I will destroy them as the people of `Aad were destroyed,” and also: “Slay them for certainly there is great merit, with Allah, in killing them.” [8]

My own thoughts are that Imaam Maalik, Ibn Aqeel and others from among Imaam Ahmad’s circle are correct in saying that the Muslim spy should be killed, since the pardon in the case of Haatib was of a kind that could not be applied to anyone else. If it was Islam which had protected him, then it would not have been necessary to grant him any special pardon; because if a ruling is justified by the general, the particular will be of no effect. This seems the more reasonable analysis, although Allah is Most Knowledgeable of the correct course. [9]

This particular revelation begins with the words: ?O You who believe! Do not take My enemies and your enemies as friends?, referring to Haatib, as a believer. But his example demonstrates the general prohibition, while at the same time the verse seems to suggest that what he did was to ally himself to the disbelievers in some way, and that in doing this he had strayed far from the path. Then the Prophet’s response to this: “Haatib has told you the truth, let him go,” also clearly indicates that he had not disbelieved, that he was a believer beyond any shadow of doubt, but that he had acted out of some worldly desire. If he had disbelieved, the Prophet (sallallahu `alayhi wasallam) would not have said: “Let him go.” [10]

As for the disbeliever who is also a spy, such a person must be killed since this is what the Prophet (sallallahu `alayhi wasallam) did in the case of a spy from among the disbelievers. Ayas ibn Salamah ibn al-Akwa` stated that his father told him: “A spy from among the Pagans came to the Prophet (sallallahu `alayhi wasallam) and say speaking to his companions for some time, then went on his way. The Prophet (sallallahu `alayhi wasallam) said: ‘Go find that man and kill him.’ So I killed him and stripped him of what he had.” [11]

Footnotes:

[1] Al-Wala’ wa’l-Bara’ According to the `Aqeedah of the Salaf (3/57-63) by Shaykh Muhammad Sa`eed al-Qahtaani (hafidhahullah).

[2] Surat al-Mumtahinah (60):1.

[3] Tafseer at-Tabari (28/61).

[4] Saheeh al-Bukhaari (8/633, no. 4890).

[5] Zaad al-Ma`ad (3/422) by Ibn al-Qayyim, with little alteration.

[6] Surat Hood (11):114.

[7] Surat an-Nisaa’ (4):31.

[8] Saheeh al-Bukhaari (6/618, no. 3611), Saheeh Muslim (2/746, no. 1066).

[9] Zaad al-Ma`ad (3/114).

[10] Irshaad at-Taalib (p. 15) by Salmaan ibn Sahmaan.

[11] Saheeh al-Bukhaari (6/168, no. 3051), Abu Daawood (3/112, no. 2653).

ARTICLE #2:

The Islamic Verdict on Those Who Perform Espionage Against the Muslims

Brotherhood in Islaam

All Praise is to Allaah ‘azza wa jall and His Salaat on Prophet Muhammad sallallahu `alayhi wa sallam and his Companions radhiallahu `anhuma. Before we get to the Islaamic 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 sallallahu `alayhi wa sallam. Allah ‘azza wa jall says:

The believers are naught else than brothers. Therefore make peace between your brethren and observe your duty to Allaah that haply you may obtain mercy. [Al-Qur’an: Soorah Hujuraat (49:10)]

Muhammad is the Messenger of Allaah. And those with him are hard against the disbelievers and merciful among themselves. . [Al-Qur’an: Soorah Fath (48:29)].

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. [Al-Qur’an: Soorah al Hashr (59:10)].

As for the Hadith of our beloved Prophet sallallahu alayhi wa sallam, they are numerous but it would suffice to cite only few of them.

Abdullah Ibn Umar radhiallahu `anhu narrated that Allaah’s Messenger sallallahu `alayhi wa sallam 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, Allaah will fulfill his needs; whoever brought his (Muslim) brother out of a discomfort, Allaah will bring him out of the discomforts of the Day of Resurrection, and whoever screened a Muslim, Allaah will screen him on the Day of Resurrection.? (Bukhari)

Uqbah ibn Amir radhiallahu `anhu narrated that Allaah’s Messenger sallallahu `alayhi wa sallam 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 radhiallahu `anhu narrated that whenever the Prophet sallallahu `alayhi wa sallam 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 Qur?an and the authentic Hadith of the Prophet sallallahu alayhi wa sallam.

Allaah ‘azza wa jall says:

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, Allaah guides not those people who are the Zalimun (polytheists and wrongdoers and unjust). [Al-Qur’an: Soorah al Maaidah (05:51)].

Verily, those who have turned back (have apostated) as disbelievers after the guidance has been manifested to them, Shaytaan (Satan) has beautified for them (their false hopes), and (Allaah) prolonged their term (age). This is because they said to those who hate what Allaah has sent down: “We will obey you in part of the matter,” but Allaah knows their secrets. [Al-Qur’an: Soorah Muhammad (47:25-26)].

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 Allaah in any way, except if you indeed fear a danger from them. And Allaah warns you against Himself (His Punishment), and to Allaah is the final return. [Al-Qur’an: Soorah al Imraan (03:28)].

You (O Muhammad) will not find any people who believe in Allaah and the Last Day, making friendship with those who oppose Allaah and His Messenger (Muhammad), even though they were their fathers, or their sons, or their brothers, or their kindred (people). [Al-Qur’an: Soorah al Mujaadilah (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 Imam Bukhari rahimahullah supports this:

Abul Asswad radhiallahu `anhu narrated that an Army unit was being recruited from the people of Medina and my name was written among them. Then I met ‘Ikrima radhiallahu `anhu, and when I informed him about it, he discouraged me very strongly and said, “Ibn ‘Abbas radhiallahu `anhu told me that there were some Muslims who were with the pagans to increase their number against Allaah’s Apostle sallallahu `alayhi wa sallam (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 Allaah 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 Allaah 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 Allaah will forgive them, and Allaah is Ever Oft Pardoning, Oft-Forgiving.? [Al-Qur’an: Soorah an Nisaa (04:97)].

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

The Jasūs (Spy)

Allaah ‘azza wa jall says:

And spy not, neither backbite one another [Al-Qur’an: Soorah al Hujuraat (49:12)].

Imam al-Nawawi rahimahullah 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.

Kinds of Spying

Despised spying may be divided into two categories:

1. Spying that makes one sinful
2. Spying that expels one from the fold of Islaam

Spying that makes one Sinful

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, Allaah 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 sallallahu `alayhi wa sallam.

Abu Hurairah radhiallahu `anhu narrated that the Prophet sallallahu `alayhi wa sallam 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 Allaah’s worshipers! Be brothers (as Allaah has ordered you!”). (Bukhari)

Ibn Abbas radhiallahu `anhu narrated that the Prophet sallallahu `alayhi wa sallam 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 radhiallahu `anhu narrated that the Prophet sallallahu `alayhi wa sallam 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, Allaah will search for his fault, and if Allaah searches for the fault of anyone, He disgraces him in his house. (Ahmad and Abu Dawood)

Spying that expels one from the fold of Islaam

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 Islaam 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 radhiallahu `anhu. This incident took place during conquest of Makkah. Ali radhiallahu `anhu said: Allaah’s Apostle sallallahu `alayhi wa sallam sent me, Az-Zubair radhiallahu `anhu and Al-Miqdad radhiallahu `anhu 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 Allaah’s Apostle. The letter was addressed from Hatib, bin Abi Balta?a to some pagans of Mecca, telling them about what Allaah’s Apostle intended to do. Allaah’s Apostle said, “O Hatib! What is this?” Hatib replied, “O Allaah’s Apostle sallallahu `alayhi wa sallam! 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 Islaam.” Allaah’s Apostle said to his Companions, As regards him; he (i.e. Hatib) has told you the truth.” ‘Umar radhiallahu `anhu said, “O Allaah’s Apostle sallallahu alayhi wa sallam! Allow me to chop off the head of this hypocrite!” The Prophet sallallahu `alayhi wa sallam said, “He (i.e. Hatib) has witnessed the Badr battle (i.e. fought in it) and what could tell you, perhaps Allaah 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 Islaam. Such is evident for three reasons.

The First Reason:

The first reason being the statement of Umar radhiallahu `anhu, “O Allaah’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 sallallahu `alayhi wa sallam said told Umar radhiallahu `anhu ,?Has he not witnessed (fought) in the battle of Badr?? Umar radhiallahu `anhu 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 radhiallahu `anhu held the opinion that supporting the disbelievers against the believers is Kufr (disbelief) and Apostasy.

The Second Reason:

Even the Prophet sallallahu `alayhi wa sallam affirmed Umar?s radhiallahu `anhu stance on this issue that the act that Hatib radhiallahu `anhu committed was an act of hypocrisy) but he, sallallahu `alayhi wa sallam explained to Umar radhiallahu `anhu that the only reason he sallallahu `alayhi wa sallam has made exception to Hatib?s radhiallahu `anhu case because Hatib radhiallahu `anhu is from the warriors of the battle of Badr.

Third Reason:
Hatib radhiallahu `anhu himself stated, ?I did not do this (with the intention) of Kufr (disbeleif) or apostasy nor did I do it to choose disbelief after Islaam.? 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. Imam Sahnun rahimahullah 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-Qasim rahimahullah 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

Shaykh?ul Islaam Ibn Taymiyyah rahimahullah said:
Imam Malik and a group of Imam Ahmad?s companions (Hanbali scholars) hold the opinion that the spy is to be killed.7

And Allaah ‘azza wa jall knows best on all matters.

Abu Mu’aadh al-Makki

Footnotes

1 Al-Bara?- البراء is to hate and oppose anyone who opposes Allaah ‘azza wa jall, His Prophet sallallahu `alayhi wa sallam, the righteous Companions radhiallahu `anhuma, 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. ?[Al-Qur’an: Soorah al Maaidah (05:51)], the scholar of al-Andalus, Ibn Hazm rahimahullah 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 it?s 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 Imaan. (ad-Durrar as-Sanniyah 8/121).

4 With this, we must also mention that Allaah ‘azza wa jall has commanded us to be just and it is on account of this justice that the Messengers sallallahu `alayhi wa sallam were sent and the Books were revealed. Allaah ‘azza wa jall who is free from all imperfections, stated: O you who believe! Stand out firmly for justice, as witnesses to Allaah, even though it be against yourselves, or your parents, or your kin, be he rich or poor, Allaah 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, Allaah is Ever Well Acquainted with what you do. [Al-Qur’an: Soorah an Nisaa (04:135)].

And He ‘azza wa jall also says: Verily, Allaah enjoins Al-Adl (i.e. justice and worshipping none but Allaah Alone - Islaamic Monotheism) and Al-Ihsan [i.e. to be patient in performing your duties to Allaah, totally for Allaah’s sake and in accordance with the Sunnah (legal ways) of the Prophet sallallahu `alayhi wa sallam in a perfect manner, and giving (help) to kith and kin (i.e. all that Allaah 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 Islaamic 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. . [Al-Qur’an: Soorah an Nahl (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. Allaah ‘azza wa jall says: Allaah 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, Allaah loves those who deal with equity. [Al-Qur’an: Soorah al Mumtahanah (60:08)].

5 Imam Nawawi rahimahullah 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. Imam Malik rahimahullah and Auzai rahimahullah 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. Imam Shafi? rahimahullah 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 rahimahullah 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-Awtār by Shawkānī and Zad Al-Ma?ād by Ibn Al-Qayyim).

6 ?Aqidatur- Rasul, Muhammad Faraj, Page 191.

7 Majmu? Al-Fatawa Vol 28. Page 109.

ARTICLE #3:

Suspicion, Spying and Backbiting

Allah says in Surah Al-Hujuraat:

O you who believe! Avoid much suspicion, Indeed some suspicions are sins. And spy not, neither backbite one another. Would one of you like to eat the flesh of his dead brother? You would hate it, and fear Allah. Verily Allah is the one who forgives and accepts repentance, most merciful.

Here Allah teaches us moral rights and social etiquettes. We are instructed not to indulge in suspicion, spying nor backbiting in our daily life. Let us consider each of them one by one, starting with suspicion.

There are good suspicions and bad suspicions. Imam Abu Bakr Al-Jassas divided suspicion into four categories as described in his book Ahkamul-Qur’an.

These four categories are:

Haram (unlawful),
Wajib (mandatory),
Mustahab (permissible) and
Mubah (acceptable).

The example of unlawful suspicion is to keep saying to himself that Allah will definitely punish or torture me and lose total hope in the forgiveness and mercy of Allah. The Prophet said: “You should have good hope with Allah till your death-bed.” The Prophet also said in a Hadith-e-Qudsi: “I treat my servant the way he feels about me.”

The example of Wajib suspicion is that if, for example, you do not know the direction of Qiblah and there is nobody to guide you, it is permissible to use your best judgment.

The example of Mustahab suspicion is to keep good feelings about every Muslim. It is, however, permissible to use precautions in daily dealings without considering another a thief or a traitor without a just cause.

The example of acceptable suspicion is that if one is not sure of completing three or four rak’aats in Salah, it is acceptable to use the most prevalent assumption in your mind. Other forms of suspicion are unlawful in Islam.

Let us now consider spying. It is not allowed to search and disclose secrets of others. Hence, to eavesdrop upon somebody while hiding or pretending to sleep is like spying on others. However, if there is a possibility of another party harming you or harming another Muslim, then such spying is allowed.

Let us now consider backbiting. It is narrated by the Prophet : “Backbiting is talking about somebody which if he/she heard, would grieve him/her.”

Hence, it is not allowed to talk about somebody in his absence, even if what was narrated was true. If it was not true, then it would be a bigger sin and it is called Buhtan (false accusation).

It is important to note that to find other’s faults or to talk sarcastically or to defame a person is called ‘Lumz’. In the Qur’aan, Allah states in Surah Al-Hujuraat: “Do not defame one another.”

It means that when you find faults in others, they will turn around and find faults in you.

The beauty of this wording of the Qur’aan is that it says that finding faults in others is like finding faults in you. Just like Allah states: “Do not kill yourself.” Hence, if you kill others, they will try to kill you. Allah also says in the Qur’aan (Surah Al-Humazah): “Woe to every slanderer and back-biter!”

In the twelfth verse of Surah Al-Hujurat, Allah made it clear that defaming another Muslim in his absence is like eating the flesh of your dead brother, which obviously, everybody abhors. Hence, it is the most horrible sin. Note that if the person is present, he may have a chance to defend himself, although everybody does not have the courage to defend themselves in these circumstances. If, however, he is defamed in his absence, the damage is deep and somewhat permanent.

Backbiting is not done by the tongue alone, it can also be done with the eyes, hands and other movements. For example, copying somebody who is limping, in order to insult him.

The Prophet said: ” Backbiting is a worse sin than adultery.” It is further explained in a saying of the Prophet , narrated by Abu Sa’eed and Jubair in Bayhaqi: “Allah may forgive a person if he repents after committing adultery. However, Allah will not forgive the one who backbites, till his victim forgives him.”

One time, the Messenger of Allah pointed towards two graves and said to his companions that both of these people are being punished in their graves. One of them used to backbite people and the other was not careful about spilling drops of urine on his clothes and body whilst urinating.

During Me’raj, the Prophet saw some people who had nails made of red copper. They were tearing apart their faces and chests with these nails. The Holy Prophet asked the Angel Jibrail a.s about them, He said, “They are being punished because they used to eat people’s flesh in their lives, i.e. used to backbite and defame others.

Abu Huraira narrates that the Holy Prophet said, “The killing of a Muslim by another unjustly, usurping others’ wealth or defaming other Muslims is totally forbidden (or Haram).” (Muslim)

Note that listening to backbiting is the same as backbiting somebody. It is better to walk away from such individuals.

Backbiting violates the rights of Allah and the rights of people simultaneously. Hence, it is necessary to ask for forgiveness from the victim first, since Allah will not forgive until the victim forgives. If the victim has died or is untraceable, then ransom has to be paid. Anas narrates that the Messenger of Allah said,

“The ransom for backbiting is to pray to Allah for forgiveness by saying, “ O Allah! Forgive my sins and his too.”

When backbiting, the person does not think about how the other person would feel if he knew what was said about him, he doesn’t think as to how he would feel if the positions were reversed. We like backbiting but hate to be backbitten about. The Hadith says, “None of you truly believes until he loves for his brother what he loves for himself.”

Everyone would hate to be backbitten about so why do they backbite? We should bring into our hearts the fear of Allah to save us from this grave sin and all other sins.

Backbiting to save a Muslim from harm is permitted, but the best thing is not to talk unnecessarily about anyone in a good way as well because the devil will entice you into mentioning his faults. For example, “He’s a good person but he has these habits……….”

To save ourselves from this sin and many others, one should act upon this Hadith which deserves to be written in gold. The Hadith states, “Whoever stayed quiet saved himself.”

This very sin which Muslims consider right is the sin which could send many to hell. The Prophet said, “The tongue is what will cause people to be flung face down into hell.”

May Allah Taa’la save us from the hell fire and all sins that we have committed. Ameen.

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