https://ency.feqhemoaser.com/en/api.php?action=feedcontributions&feedformat=atom&user=Sarfipour 2026-07-11T04:44:37Z User contributions MediaWiki 1.43.0 https://ency.feqhemoaser.com/en/index.php?title=The_Objectives_of_Punishments_in_Sexual_Crimes:_An_Islamic_Perspective_(Book)&diff=2811 2026-05-28T15:38:26Z

<p>Sarfipour: /* Objectives of Islamic Punishments */</p> <hr /> <div>{{author<br /> |author = Mahdi Shajarian<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }}<br /> {{infobox book<br /> | title = The Objectives of Punishments in Sexual Crimes: An Islamic Perspective<br /> | image = The_Objectives_of_Punishments_in_Sexual_Crimes_An_Islamic_Perspective.jpg<br /> | image_size = <br /> | image_caption = <br /> | other_names = <br /> | author = [[Rahim Nowbahar]]<br /> | date_of_writing = <br /> | subject = Sexual Crimes<br /> | genre = <br /> | language = Persian<br /> | editor = <br /> | corrected_by = <br /> | effort_by = <br /> | illustrator = <br /> | cover_designer = <br /> | volume_count = <br /> | pages = 408<br /> | format = <br /> | collection = <br /> | translated_to_other_languages = <br /> | publisher = Islamic Sciences and Culture Academy<br /> | publication_place = Qom<br /> | publication_date = 2010 (1389 SH)<br /> | edition = First<br /> | print_run = <br /> | isbn = <br /> | media_type = <br /> | publisher_website =<br /> | book_name = &lt;!-- Book name in Persian --&gt;<br /> | translator = &lt;!-- Translator into Persian --&gt;<br /> | publication_details = &lt;!-- Publication details in Persian --&gt;<br /> | electronic_version =<br /> }}'''Abstract'''<br /> <br /> ''The Objectives of Punishments in Sexual Crimes: An Islamic Perspective (in persian: [[:fa:اهداف_مجازات‌ها_در_جرایم_جنسی_(کتاب)|اهداف مجازات‌ها در جرایم جنسی]])'', authored by Rahim Nowbahar, re-examines the philosophy of penal sanctions for sexual offenses within Islamic jurisprudence. Employing a teleological approach—grounded in ''[[Maqāṣid al-Sharīʿa]]'' (the higher objectives of Islamic law)—and a holistic framework, this work transcends a purely [[Dogmatic (taʿabbudī)|dogmatic (''taʿabbudī'')]] interpretation. It posits that in Islam, penal sanctions serve as instruments for realizing transcendent objectives, namely the administration of justice, the rehabilitation of the offender, and deterrence. <br /> <br /> By delineating the boundary between “private moral lapses” and “offenses against public decency,” the book demonstrates that the Lawgiver’s (''Shāriʿ'') paradigm fundamentally shifts between the two. Regarding the former, by imposing stringent evidentiary requirements, the emphasis is placed on the concealment of sins (''sitr'') and repentance (''tawba''). Conversely, for the latter, the primary objective is the resolute defense of societal values. Ultimately, through an analysis of the [[Normative collision (tazāḥum)|normative collision (''tazāḥum'')]] between the execution of fixed punishments (''ḥudūd'') and overriding public interests—such as [[Preventing aversion to religion (tanfīr min al-dīn)|preventing aversion to religion (''tanfīr min al-dīn'')]]—the study concludes that the Islamic penal system is inherently flexible and dynamic. Consequently, the Islamic state can, and indeed must, calibrate the modalities or even suspend the execution of these sanctions through a rigorous assessment of [[Public interest (maṣlaḥa)|public interest (''maṣlaḥa'')]], ensuring the true objectives of the penal system are fulfilled.<br /> <br /> == Brief Overview ==<br /> ''The Objectives of Punishments in Sexual Crimes: An Islamic Perspective'', authored by Rahim Nowbahar, is a notable work in the field of [[Islamic judicial and penal jurisprudence (fiqh al-qaḍāʾ)|Islamic judicial and penal jurisprudence (''fiqh al-qaḍāʾ'')]], with a specific focus on sexual offenses. The Islamic Sciences and Culture Academy first published this 408-page volume in 2010 (1389 SH).<br /> <br /> === Structure of the Book ===<br /> The study is structured into an introduction and five primary chapters: Chapter One outlines the theoretical foundations and epistemological methods for identifying the objectives of Islamic penal sanctions (pp. 56-126). Chapter Two analyzes the rationale behind fixed punishments (''ḥudūd'') for sexual offenses—namely ''zinā'' ([[illicit heterosexual intercourse]]), ''liwāṭ'' ([[sodomy]]), and ''musāḥaqa'' ([[illicit female same-sex acts]])—highlighting the stringent evidentiary requirements and the principle of concealing sins (''sitr'') (pp. 127-180). Chapter Three examines discretionary (''taʿzīrī'') sexual offenses categorized as private moral transgressions (pp. 180-239). Chapter Four investigates crimes against public decency, such as pandering/procuring (''qawwādī'') (pp. 241-288). The concluding chapter delves into the normative collision (''tazāḥum'') between the execution of ''ḥudūd'' and overriding public interests, exploring legal maxims such as “societal undue hardship for Muslims” (''ḥaraj ijtimāʿī'') and the “prohibition of causing aversion to religion” (''ḥurmat al-tanfīr min al-dīn'') (pp. 291-406).<br /> <br /> == Objectives of Islamic Punishments ==<br /> === First Section: Ways of Discovering the Objectives of Islamic Punishments ===<br /> According to the author, several methodologies can be employed to ascertain the underlying objectives of penal sanctions in Islam:<br /> <br /> Strategic principles such as justice—a primary teleological aim of prophetic missions—alongside spiritual purification (''tazkiya''), mercy (''raḥma''), and [[human dignity]] (''karāma''), serve as guiding frameworks for orienting the penal system (pp. 56-59).<br /> <br /> By reflecting upon Quranic verses and Hadith, as well as the epistemological rationales (''ʿilal'') and wisdoms (''ḥikam'') underpinning certain rulings, one can deduce the Lawgiver’s intent. This methodology is not restricted to definitive explicit injunctions (''nuṣūṣ''); rather, valid prima facie implications (''ẓawāhir'') and the overarching spirit of the law, derived from the totality of evidence, hold [[Juridical authority (ḥujja)|juridical authority (''ḥujja'')]] (pp. 59-69).<br /> <br /> Analyzing the historical context and developmental shifts in penal execution during the era of the Infallibles (a) is highly instructive. For instance, the modification of the penalty for alcohol consumption from forty to eighty lashes during the second Caliphate—prompted by Imam Ali’s (a) counsel due to the previous penalty’s lack of deterrent effect—demonstrates that “deterrence” is a foundational objective (pp. 69-70).<br /> <br /> Most Islamic corporal punishments (e.g., stoning, flogging, amputation) predated Islam. The critical inquiry is whether the Lawgiver ratified these as [[Normative conventions of reasonable people (sīrat al-ʿuqalāʾ)|normative conventions of reasonable people (''sīrat al-ʿuqalāʾ'')]] where their prevalence acts as a [[Constitutive qualification (ḥaythiyya taqyīdiyya)|constitutive qualification (''ḥaythiyya taqyīdiyya'')]], or if their prevalence was merely a [[Causal rationale (ḥaythiyya taʿlīliyya)|causal rationale (''ḥaythiyya taʿlīliyya'')]]. If prevalence is integral to the subject (''mawḍūʿ''), the cessation of such rational conventions negates the subject of the ruling. This discourse opens the possibility of evolving penal sanctions in response to socio-cultural paradigms (pp. 74-75).<br /> <br /> The nature of the penalty (e.g., execution vs. incarceration) and its execution method (public vs. private) reflect legislative intent. The Islamic mandate for executing certain penalties in the presence of believers underscores the objective of general deterrence and collective oversight (pp. 84-85).<br /> <br /> Factors such as repentance (''tawba''), the victim’s pardon, or gubernatorial clemency, which waive the execution of punishments, indicate that offender rehabilitation and victim restitution are paramount objectives within the Islamic penal framework (pp. 86-87).<br /> <br /> Instances where the public interest (''maṣlaḥa'') of executing a penalty collides with other overriding interests or [[Detriments (mafāsid)|detriments (''mafāsid'')]] reveal the Lawgiver’s holistic attitude toward penal objectives (p. 87).<br /> <br /> === Second Section: Objectives of Islamic Punishments ===<br /> The author delineates the objectives of Islamic penal sanctions as follows:<br /> <br /> '''1. Administration of Justice:''' Justice constitutes the ultimate telos of prophethood and the animating spirit of all Islamic rulings. [[The emphasis on proportionate retribution (qiṣāṣ bi al-mithl)|The emphasis on proportionate retribution (''qiṣāṣ bi al-mithl'')]] and the prohibition of excess in lethal force epitomize this core objective. Islamic justice integrates the assessment of public interest and teleological foresight, intricately balanced with clemency and mercy (pp. 99-106).<br /> <br /> '''2. Rehabilitation and Moral Rectification:''' Spiritual purification and moral upbringing are central religious tenets. The profound mitigating effect of repentance on penal sanctions, coupled with the religious leaders’ emphasis on leniency, corroborates that social reintegration and the moral rehabilitation of the offender are vital penal objectives (pp. 107-109).<br /> <br /> '''3. Safeguarding the Social Order and Values:''' Beyond individual rectification, Islam prioritizes the integrity of societal constructs. Sanctions such as incarceration and banishment for high-risk offenders are legislated explicitly to protect the societal fabric (pp. 111-113).<br /> <br /> '''4. Specific and General Deterrence:''' Instilling apprehension and providing a cautionary exemplar for the offender (specific deterrence) and the broader public (general deterrence) are manifest objectives. The aggravation of penalties for recidivism and the public execution of specific sanctions serve this precise purpose (pp. 116-118).<br /> <br /> '''5. Victim Restitution and Redress:''' In offenses transgressing interpersonal rights, the Lawgiver emphasizes restitution and alleviating the victim’s trauma. Legal constructs such as [[Blood money (diya)|blood money (''diya'')]], [[The right of retaliation (qiṣāṣ)|the right of retaliation (''qiṣāṣ'')]], and the prerequisite of the victim’s consent in offenses concerning [[Interpersonal rights (ḥaqq al-nās)|interpersonal rights (''ḥaqq al-nās'')]] underscore the gravity of this objective (pp. 121-122).<br /> <br /> == Objectives of Punishments in Sexual Crimes Warranting Hadd ==<br /> This chapter first presents the punishment for [[sexual crimes]] warranting ''hadd'' (adultery/fornication, sodomy, and lesbianism), then examines the objectives of their punishment (pp. 125-178).<br /> <br /> === First Section: Punishment for Sexual Crimes Warranting Hadd and Their Judicial Proof ===<br /> Regarding the punishment for fornication (''zina''), the famous theory of jurists is that at the beginning of Islam, its punishment was life imprisonment in the house ([[Verse 15 of Surah al-Nisa']]), but this ruling was abrogated by [[Verse 2 of Surah al-Nur]], which determined the punishment as one hundred lashes. Thereafter, one hundred lashes were designated for the punishment of fornication by an unmarried person (''ghayr muhsan''), and stoning (''rajm'') for adultery by a married person (''muhsan'') (pp. 131-132). <br /> <br /> Regarding the punishment for sodomy (''liwat''), the famous theory of Shia jurists is [[execution]], but in the method of its execution, the ruler has the choice among methods such as killing with a sword, burning, [[stoning]], throwing from a height, or collapsing a wall upon him. Sunni jurists disagree on this matter; Abu Hanifa considers sodomy to warrant discretionary punishment (''ta'zir''), and Al-Shafi'i and Malik consider its ''hadd'' similar to the ''hadd'' for fornication/adultery (stoning or flogging depending on marital status [''ihsan'']) (p. 140).<br /> <br /> Based on the famous fatwa of Shia jurists, lesbianism (''musahaqah'') is among the crimes warranting ''hadd'', carrying a punishment of one hundred lashes. In the event of repeating the crime and the ''hadd'' being executed three times, the perpetrator is executed on the fourth occasion. The majority of Sunni jurists consider lesbianism to warrant ''ta'zir'' (pp. 142-143).<br /> <br /> In the author's belief, despite the severe punishments foreseen for these crimes, the Holy Lawgiver has been extremely strict in their judicial proof. Proving these crimes requires the testimony of four just men who have seen the act clearly and without any ambiguity; a matter which is practically almost impossible. Furthermore, [[spying/snooping]] (''tajassus'') to discover the sin and even looking at the crime scene to bear witness is not permissible. If the number of witnesses does not reach the required quorum, they themselves are sentenced to the ''hadd'' for false accusation of unchastity (''qadhf'') (eighty lashes) (pp. 143-144). The other way of proof is the individual's own confession, which must also be four times and in separate sessions. The conduct (''sirah'') of the Prophet (s) and Imam Ali (a) was to dissuade individuals from confessing and to encourage them to repent and cover up (pp. 144-147). <br /> <br /> This entire set of strictures shows that the Lawgiver's main objective is preserving reputation, preventing unjust accusations, and providing the opportunity for repentance and reformation for wrongdoers, not punishing and disgracing individuals. In reality, the sensitivity of Islam's penal system is aimed more at preventing corruption from becoming public and spreading in society than being focused on the hidden sin itself (pp. 150-151).<br /> <br /> === Second Section: Objectives of Punishments in Sexual Crimes Warranting Hadd ===<br /> By analyzing the totality of the regulations, the author arrives at the objectives of punishment in sexual crimes warranting ''hadd''. He believes that Islam's approach is not pure retributivism based on focusing on the crime and the moral responsibility of the criminal; rather, consequentialism exists within it as well; because factors such as repentance, doubt (''shubhah''), and the ruler's pardon can nullify the punishment (pp. 152-156).<br /> <br /> The author explains the objectives of these punishments under the following headings:<br /> <br /> '''Reformation and Rehabilitation of the Offender:''' This objective is the most central goal. The abundant emphasis on repentance and its acceptance for the nullification of the ''hadd'', and the Infallibles' (a) encouragement to repent instead of confessing, bear witness to this claim. By leaving the path of repentance open, the Lawgiver seeks the true reformation of the individual (pp. 157-162).<br /> <br /> '''Private and Public Deterrence:''' Punishments such as flogging and exile, in addition to physical pain, deter the individual from repeating the crime by creating a sense of degradation. Executing the punishment in the presence of a group of believers is also with the goal of society drawing a lesson and strengthening public deterrence. However, Islam, by emphasizing the presence of a small group (''ta'ifah'') and not all the people, as well as setting conditions for those present, has prevented the execution of punishment from turning into a public spectacle that could cause irreparable damage to the individual's personality (pp. 162-165).<br /> <br /> '''Restorative Justice:''' Islam's penal system pays special attention to compensating for loss and soothing the victim's suffering in crimes that have a specific victim (such as rape). In these cases, the nullification of the punishment through repentance is conditional upon obtaining the victim's consent, which shows the official recognition of the victim's rights in the penal process (pp. 170-174).<br /> <br /> Ultimately, the author concludes that ''hadd'' punishments in [[sexual crimes]] have been established to protect values such as &quot;[[chastity]]&quot; and &quot;sexual health,&quot; but the Lawgiver, through extreme strictness in proof and emphasis on repentance and covering up, has shown that He has no inclination toward the widespread execution of these punishments and His main goal is reformation and prevention (pp. 174-178).<br /> <br /> == Objectives of Punishments in Discretionary (''Ta'ziri'') Sexual Crimes ==<br /> This chapter examines the objectives of punishment in crimes whose nature is a moral error but do not reach the level of fornication and sodomy and have a &quot;discretionary&quot; (''ta'ziri'') punishment (at the discretion of the ruler).<br /> <br /> === First Section: Textually Specified (''Mansus'') Discretionary Sexual Crimes ===<br /> By examining the crimes for which ''ta'zir'' has been determined in narrations, the author analyzes the Lawgiver's approach. Instances such as two non-mahram individuals sleeping under one cover, kissing out of lust, [[deflowering]], [[bestiality]], and masturbation have been condemned in narrations and ''ta'ziri'' punishments (such as flogging less than the ''hadd'' amount) have been mentioned for them (pp. 181-184). The author discusses deflowering, sexual intercourse with animals, masturbation, [[sexual intercourse with minors]], and [[sexual violence]] (pp. 185-201).<br /> <br /> === Second Section: Principles Governing Discretionary Sexual Crimes ===<br /> By analyzing the previous discussions, the author extracts several principles for the ''ta'zir'' system in sexual crimes:<br /> <br /> '''Difficulty of Judicial Proof:''' The strict approach and the inclination toward covering up that govern ''hudud'' flow a fortiori in ''ta'ziri'' crimes as well. Spying to discover hidden sins is forbidden, and the principle is non-penal intervention (pp. 203-207).<br /> <br /> '''The Effect of Repentance:''' Repentance, just as it nullifies ''hudud'', also nullifies ''ta'ziri'' punishments, which possess the nature of a sin. In this case, even if doubt exists, the [[Maxim of Dar']] (warding off punishments) prevents the execution of punishment upon the repentant (pp. 211-219).<br /> <br /> '''Diversity in Penal Sanctions:''' Unlike ''hudud'', in ''ta'zirat'' there is no obligation to use the punishment of flogging. The author rejects the idea that flogging is an ideal Islamic punishment and believes this punishment was a product of the culture and conditions of its time, and the Lawgiver, by delegating ''ta'zir'' to the ruler's opinion, has left the path open for the use of efficient, humane punishments suitable for every era (pp. 219-220).<br /> <br /> '''The Necessity of Avoiding Punitive Extremism:''' The principle that [[Ta'zir is less than Hadd]] (''al-ta'zir bima duna al-hadd'') indicates the Lawgiver's tolerant approach in this domain. The ruler must content himself with the minimum punishment that secures the educational and deterrent objectives and avoid severity (pp. 220-224).<br /> <br /> === Third Section: Strategies for Determining the Objectives of Punishments ===<br /> Considering the aforementioned principles, the author proposes the following strategies for determining the objectives of punishment in ''ta'ziri'' sexual crimes:<br /> <br /> '''The Principle of Preventing Widespread Criminalization:''' Every forbidden (''haram'') act must not necessarily be considered a crime. [[Criminalization]] must be carried out based on public interest and with caution to prevent penal inflation (pp. 225-227).<br /> <br /> '''The Principle of Preferring Covering Up:''' Regarding sexual errors that have a private aspect, the principle is encouraging repentance and concealment (''istitar''), and non-penal intervention (pp. 227-228).<br /> <br /> '''The Principle of Minimal Use of Punishment to Defend Morality:''' The protection of moral values is not necessarily achieved through punishment; therefore, cultural and educational tools must be utilized, and punishment should be considered the last resort (pp. 228-230). <br /> <br /> '''The Principle of Caring for the Reformation of the Offender:''' The main goal in these crimes must be the rehabilitation and reformation of the individual, not merely retribution (pp. 203-231).<br /> <br /> '''The Principle of Proportionate Defense and Compensation:''' Where a crime damages the rights of others, one must react with proportionality and justice, and completely secure the rights of the victim (pp. 231-233).<br /> <br /> '''The Principle of the Diversity and Humaneness of Punishments:''' A wide spectrum of penal reactions appropriate to the criminal's personality and the conditions of society, including alternative punishments, must be used, and the human dignity of the offender must be emphasized at all stages (pp. 234-238).<br /> <br /> == Objectives of Punishments in Crimes Harmful to Public Morality ==<br /> In this chapter, the author examines crimes that, unlike personal errors, directly target the public morality of society. By citing some Western thinkers, he shows that preserving public morality has always been a concern for legislators. In the contemporary era as well, with the expansion of technology, phenomena such as [[pornography]] and [[human trafficking]] have become serious challenges, and international human rights documents have also emphasized the necessity of protecting morality and public decency (pp. 241-244).<br /> <br /> === First Section: Penal Titles Appropriate to the Violation of Public Morality ===<br /> In this section, among the crimes related to the [[violation of public morality]], the author examines three penal titles: &quot;[[procuring (''qawwadi'')]]&quot;, &quot;[[Enmity against God (''moharebeh'')|enmity against God (''muharabah'')]] and [[Corruption on earth|corruption on earth (''ifsad fi al-ard'')]]&quot;, and the &quot;[[buying and selling of humans]]&quot;.<br /> <br /> &quot;Procuring&quot; (''qawwadi'') in jurisprudence means bringing a man and a woman together for fornication or sodomy, and according to the famous opinion of Imami jurists, it warrants ''hadd'' (75 lashes and exile). Through a detailed critique of the evidences for this fatwa, the author concludes that ''qawwadi'' is a crime warranting ''ta'zir'', not ''hadd''. This conclusion opens the path for determining more appropriate and efficient punishments for the new and complex forms of ''qawwadi'' in today's world (pp. 247-265).<br /> <br /> In the author's belief, some laws after the revolution have considered crimes such as operating centers of corruption or the production and distribution of obscene materials as instances of corruption on earth and warranting the ''hadd'' for ''muharabah''. By analyzing [[Verse 33 of Surah al-Ma'idah]], the author believes that corruption on earth cannot be considered an independent crime warranting ''hadd''. Also, generalizing this title to [[crimes against public morality]] lacks clear evidence and is contrary to the [[Principle of precaution|principle of precaution (''ihtiyat'')]] in blood and ''hudud'' (pp. 265-275).<br /> <br /> In the author's belief, the buying and selling of humans, which is a clear instance of violating human dignity, is forbidden and void in Islam. Narrations that have determined the punishment of amputating the hand for the seller of a free human cannot be the basis for a ruling of ''hadd'' due to weakness in their chains of transmission; therefore, this crime also warrants ''ta'zir'' (pp. 275-281).<br /> <br /> === Second Section: Objectives of Penal Reaction to Crimes Against Public Morality ===<br /> Considering previous examinations, the author explains three objectives in penal reactions to crimes against public morality:<br /> <br /> '''Defense of Society and Public Morality:''' The main goal is the decisive defense of society and its values. The penal reaction must be efficient and deterrent enough that criminals, especially organized gangs, do not dare to transgress upon the sanctuary of public morality. In this domain, one cannot adhere to the strictures of proof that exist in ''hudud''; rather, the crime must be proven and combated using customary methods (pp. 283-286).<br /> <br /> '''Compensation for the Victim of the Crime:''' In many of these crimes, there are specific victims (such as women and children) who require serious protection. The penal system must be such that the material and spiritual rights of these individuals are completely compensated (pp. 286-287).<br /> <br /> '''Reformation and Rehabilitation of the Offender:''' Even in severe crimes, the objective of reformation and rehabilitation should not be neglected; rather, especially concerning situational offenders and those who themselves have been victims of circumstances, an educational approach must be taken, and the path for their return to society must be left open (p. 287).<br /> <br /> == Execution of Hudud in the Event of Conflict (''Tazahum'') ==<br /> The author poses this question: &quot;If the execution of fixed ''hudud'' conflicts with more important expediencies and the intended objectives of them are not realized, what is the duty?&quot; (p. 290). He then raises three headings:<br /> <br /> '''Non-Realization of Expected Objectives:''' If the execution of a ''hadd'' (like flogging) in specific conditions has no deterrence, insisting on its execution is futile. Since punishments are a means and not a goal, with the non-realization of the goal, the means also loses its thematic relevance (''mawdu'iyyah'') (pp. 291-297).<br /> <br /> '''Realization of Contradictory Effects:''' If the execution of a ''hadd'' brings about a reverse result (for instance, the public execution of a ''hadd'' upon a woman exposes her to greater harm, or executing a ''hadd'' in enemy territory causes the individual to join the disbelievers), by the judgment of intellect and citing the conduct of the Infallibles (a), one must refrain from executing it (pp. 298-301).<br /> <br /> '''Conflict with Collateral Corruptions (''Mafasid''):''' Sometimes the execution of a ''hadd'' possesses an expediency, but entails a greater corruption; like unconventional harm to the convict, [[Maxim of No Hardship|severe hardship for the Islamic society]], or the alienation and aversion of the people from religion. Through a detailed analysis of the [[Maxim of the prohibition of alienating from religion]], the author shows that this maxim is a rational and Sharia principle that governs many primary rulings, including the execution of ''hudud''. If executing a ''hadd'' like stoning causes the degradation (''wahn'') of Islam and people's aversion to religion, the Islamic ruler is obliged to halt its execution. These expediency evaluations, which have a precedent in the conduct of the Prophet (s) and the Imams (a), do not mean the suspension (''ta'til'') of ''hudud'', but mean their wise execution and making them efficient (pp. 302-345).<br /> <br /> The book concludes by presenting several approaches and suggestions. It is emphasized that since Islam's penal system is not a one-dimensional and retributivist system, but rather consequentialist and purposeful, it possesses the capacity, through dynamic and contemporary ''ijtihad'', to constantly maintain its efficiency and harmonize with the needs of every era (pp. 346-362).<br /> <br /> [[Category:Bibliography Articles]]<br /> [[Category:Books by Rahim Nowbahar]]<br /> [[Category:Books on judicial jurisprudence]]<br /> [[fa:اهداف مجازات‌ها در جرایم جنسی (کتاب)]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Objectives_of_Punishments_in_Sexual_Crimes:_An_Islamic_Perspective_(Book)&diff=2810 2026-05-28T12:45:21Z

<p>Sarfipour: /* Brief Overview */</p> <hr /> <div>{{author<br /> |author = Mahdi Shajarian<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }}<br /> {{infobox book<br /> | title = The Objectives of Punishments in Sexual Crimes: An Islamic Perspective<br /> | image = The_Objectives_of_Punishments_in_Sexual_Crimes_An_Islamic_Perspective.jpg<br /> | image_size = <br /> | image_caption = <br /> | other_names = <br /> | author = [[Rahim Nowbahar]]<br /> | date_of_writing = <br /> | subject = Sexual Crimes<br /> | genre = <br /> | language = Persian<br /> | editor = <br /> | corrected_by = <br /> | effort_by = <br /> | illustrator = <br /> | cover_designer = <br /> | volume_count = <br /> | pages = 408<br /> | format = <br /> | collection = <br /> | translated_to_other_languages = <br /> | publisher = Islamic Sciences and Culture Academy<br /> | publication_place = Qom<br /> | publication_date = 2010 (1389 SH)<br /> | edition = First<br /> | print_run = <br /> | isbn = <br /> | media_type = <br /> | publisher_website =<br /> | book_name = &lt;!-- Book name in Persian --&gt;<br /> | translator = &lt;!-- Translator into Persian --&gt;<br /> | publication_details = &lt;!-- Publication details in Persian --&gt;<br /> | electronic_version =<br /> }}'''Abstract'''<br /> <br /> ''The Objectives of Punishments in Sexual Crimes: An Islamic Perspective (in persian: [[:fa:اهداف_مجازات‌ها_در_جرایم_جنسی_(کتاب)|اهداف مجازات‌ها در جرایم جنسی]])'', authored by Rahim Nowbahar, re-examines the philosophy of penal sanctions for sexual offenses within Islamic jurisprudence. Employing a teleological approach—grounded in ''[[Maqāṣid al-Sharīʿa]]'' (the higher objectives of Islamic law)—and a holistic framework, this work transcends a purely [[Dogmatic (taʿabbudī)|dogmatic (''taʿabbudī'')]] interpretation. It posits that in Islam, penal sanctions serve as instruments for realizing transcendent objectives, namely the administration of justice, the rehabilitation of the offender, and deterrence. <br /> <br /> By delineating the boundary between “private moral lapses” and “offenses against public decency,” the book demonstrates that the Lawgiver’s (''Shāriʿ'') paradigm fundamentally shifts between the two. Regarding the former, by imposing stringent evidentiary requirements, the emphasis is placed on the concealment of sins (''sitr'') and repentance (''tawba''). Conversely, for the latter, the primary objective is the resolute defense of societal values. Ultimately, through an analysis of the [[Normative collision (tazāḥum)|normative collision (''tazāḥum'')]] between the execution of fixed punishments (''ḥudūd'') and overriding public interests—such as [[Preventing aversion to religion (tanfīr min al-dīn)|preventing aversion to religion (''tanfīr min al-dīn'')]]—the study concludes that the Islamic penal system is inherently flexible and dynamic. Consequently, the Islamic state can, and indeed must, calibrate the modalities or even suspend the execution of these sanctions through a rigorous assessment of [[Public interest (maṣlaḥa)|public interest (''maṣlaḥa'')]], ensuring the true objectives of the penal system are fulfilled.<br /> <br /> == Brief Overview ==<br /> ''The Objectives of Punishments in Sexual Crimes: An Islamic Perspective'', authored by Rahim Nowbahar, is a notable work in the field of [[Islamic judicial and penal jurisprudence (fiqh al-qaḍāʾ)|Islamic judicial and penal jurisprudence (''fiqh al-qaḍāʾ'')]], with a specific focus on sexual offenses. The Islamic Sciences and Culture Academy first published this 408-page volume in 2010 (1389 SH).<br /> <br /> === Structure of the Book ===<br /> The study is structured into an introduction and five primary chapters: Chapter One outlines the theoretical foundations and epistemological methods for identifying the objectives of Islamic penal sanctions (pp. 56-126). Chapter Two analyzes the rationale behind fixed punishments (''ḥudūd'') for sexual offenses—namely ''zinā'' ([[illicit heterosexual intercourse]]), ''liwāṭ'' ([[sodomy]]), and ''musāḥaqa'' ([[illicit female same-sex acts]])—highlighting the stringent evidentiary requirements and the principle of concealing sins (''sitr'') (pp. 127-180). Chapter Three examines discretionary (''taʿzīrī'') sexual offenses categorized as private moral transgressions (pp. 180-239). Chapter Four investigates crimes against public decency, such as pandering/procuring (''qawwādī'') (pp. 241-288). The concluding chapter delves into the normative collision (''tazāḥum'') between the execution of ''ḥudūd'' and overriding public interests, exploring legal maxims such as “societal undue hardship for Muslims” (''ḥaraj ijtimāʿī'') and the “prohibition of causing aversion to religion” (''ḥurmat al-tanfīr min al-dīn'') (pp. 291-406).<br /> <br /> == Objectives of Islamic Punishments ==<br /> === First Section: Ways of Discovering the Objectives of Islamic Punishments ===<br /> In the author's belief, several ways can be utilized to discover the objectives of punishments in Islam:<br /> <br /> '''Recognizing the General Objectives of Islam:''' Principles such as justice, which is one of the goals of the prophets' mission, and purification (''tazkiyah''), mercy (''rahmah''), and dignity (''karamah''), which are employed for the reformation of the individual, are strategic principles for directing the goals of the penal system (pp. 56-59).<br /> <br /> '''Deduction from the Text and the Apparent Meaning of Texts:''' By contemplating verses and narrations, as well as the rationale and wisdom mentioned for certain rulings, one can discover the objectives of the Lawgiver. On this path, one should not content oneself with definitive texts (''nusus''); rather, valid apparent meanings (''zawahir'') and even the understanding derived from the totality of the evidences (the spirit of the law) are also authoritative (''hujjah'') (pp. 59-69).<br /> <br /> '''Studying the History of Punishments:''' Examining the historical background of punishments and the developments that occurred in their execution during the time of the Infallibles (a) is very illuminating. For example, the change in the punishment for drinking alcohol from forty lashes to eighty lashes during the time of the second Caliph. This change, which occurred with the suggestion of Imam Ali (a) and because the previous punishment was not a deterrent, shows that &quot;deterrence&quot; is one of the key objectives (pp. 69-70).<br /> <br /> Whether Punishments are Endorsed (''Imda'i'') or Established (''Ta'sisi''): Almost all corporal punishments in Islam (stoning [''rajm''], flogging, amputation of the hand) were prevalent before Islam as well. Now, did the Lawgiver consider these punishments a rational practice and endorse them with the condition of &quot;being prevalent&quot; (restrictive aspect or ''haythiyyat taqyidiyyah''), or was the reason for the Lawgiver's endorsement solely their prevalence (causative aspect or ''haythiyyat ta'liliyyah'')? If the condition of prevalence is part of the subject (''mawdu'''), then with the disappearance of the rational prevalence of a punishment, the subject of the ruling is also nullified. This discussion raises the possibility of changing punishments based on social and cultural developments (pp. 74-75).<br /> <br /> '''The Type of Punishments and the Method of Their Execution:''' The type of punishments (such as [[execution]] or [[imprisonment]]) and the manner of their execution (publicly or privately) can indicate the legislator's objectives. Islam's emphasis on executing punishment in the presence of a group of believers indicates the aspect of public deterrence and universal supervision (pp. 84-85).<br /> <br /> '''Cases of the Nullification (''Suqut'') of Punishments:''' Factors such as repentance (''tawbah''), the complainant's forgiveness, and the ruler's pardon, which cause the nullification of the punishment, show that the rehabilitation of the offender and compensation for the victim's loss are among the important objectives of Islam's penal system (pp. 86-87).<br /> <br /> '''The Ruling of Punishments in the Assumption of Conflict (''Tazahum''):''' Sometimes a conflict arises between the [[expediency]] (''maslahah'') of executing a punishment and other expediencies or corruptions (''mafasid''); scrutinizing the legislator's rulings in cases of conflict regarding the execution of a punishment or overlooking it reveals the legislator's attitude toward punishment and its objectives (p. 87).<br /> <br /> === Second Section: Objectives of Islamic Punishments ===<br /> The author explains the objectives of Islamic punishments as follows:<br /> <br /> '''Execution of Justice:''' Justice is the ultimate goal of the prophets' mission and the spirit governing all Islamic rulings; the emphasis on &quot;retribution in kind&quot; (''qisas bi al-mithl'') and the prohibition of extravagance in killing are manifestations of this fundamental goal. Islamic justice pays attention to expediency evaluation and consequentialism, and is mingled with pardon and mercy (pp. 99-106).<br /> <br /> '''Reformation and Rehabilitation of the Offender:''' Purification and upbringing are among the main goals of religion. The prominent role of repentance in the nullification of many punishments and the religious leaders' emphasis on the reformation of and clemency toward the offender clearly show that rehabilitation and returning the individual to society are among the important goals of Islamic punishments (pp. 107-109).<br /> <br /> '''Defense of Society and Its Values:''' Alongside attention to the individual, Islam also cares for the foundation and values of society. Punishments such as imprisonment and exile for dangerous offenders have been legislated with the goal of protecting society (pp. 111-113).<br /> <br /> '''Private and Public Deterrence:''' Creating fear and serving as an example for the offender themselves (private deterrence) and others (public deterrence) are among the clear objectives of punishments (p. 116). The intensification of punishment in the event of repeating the crime and the public execution of certain punishments are carried out with this very objective (p. 118).<br /> <br /> '''Compensation for the Victim:''' In crimes where the rights of others are violated, the Lawgiver has paid attention to compensating for the loss and soothing the victim's suffering. Institutions such as [[blood money]] (''diyah''), the right to retribution (''qisas''), and the necessity of the complainant's consent in crimes involving the rights of people (''haqq al-nas'') show the importance of this objective (pp. 121-122).<br /> <br /> == Objectives of Punishments in Sexual Crimes Warranting Hadd ==<br /> This chapter first presents the punishment for [[sexual crimes]] warranting ''hadd'' (adultery/fornication, sodomy, and lesbianism), then examines the objectives of their punishment (pp. 125-178).<br /> <br /> === First Section: Punishment for Sexual Crimes Warranting Hadd and Their Judicial Proof ===<br /> Regarding the punishment for fornication (''zina''), the famous theory of jurists is that at the beginning of Islam, its punishment was life imprisonment in the house ([[Verse 15 of Surah al-Nisa']]), but this ruling was abrogated by [[Verse 2 of Surah al-Nur]], which determined the punishment as one hundred lashes. Thereafter, one hundred lashes were designated for the punishment of fornication by an unmarried person (''ghayr muhsan''), and stoning (''rajm'') for adultery by a married person (''muhsan'') (pp. 131-132). <br /> <br /> Regarding the punishment for sodomy (''liwat''), the famous theory of Shia jurists is [[execution]], but in the method of its execution, the ruler has the choice among methods such as killing with a sword, burning, [[stoning]], throwing from a height, or collapsing a wall upon him. Sunni jurists disagree on this matter; Abu Hanifa considers sodomy to warrant discretionary punishment (''ta'zir''), and Al-Shafi'i and Malik consider its ''hadd'' similar to the ''hadd'' for fornication/adultery (stoning or flogging depending on marital status [''ihsan'']) (p. 140).<br /> <br /> Based on the famous fatwa of Shia jurists, lesbianism (''musahaqah'') is among the crimes warranting ''hadd'', carrying a punishment of one hundred lashes. In the event of repeating the crime and the ''hadd'' being executed three times, the perpetrator is executed on the fourth occasion. The majority of Sunni jurists consider lesbianism to warrant ''ta'zir'' (pp. 142-143).<br /> <br /> In the author's belief, despite the severe punishments foreseen for these crimes, the Holy Lawgiver has been extremely strict in their judicial proof. Proving these crimes requires the testimony of four just men who have seen the act clearly and without any ambiguity; a matter which is practically almost impossible. Furthermore, [[spying/snooping]] (''tajassus'') to discover the sin and even looking at the crime scene to bear witness is not permissible. If the number of witnesses does not reach the required quorum, they themselves are sentenced to the ''hadd'' for false accusation of unchastity (''qadhf'') (eighty lashes) (pp. 143-144). The other way of proof is the individual's own confession, which must also be four times and in separate sessions. The conduct (''sirah'') of the Prophet (s) and Imam Ali (a) was to dissuade individuals from confessing and to encourage them to repent and cover up (pp. 144-147). <br /> <br /> This entire set of strictures shows that the Lawgiver's main objective is preserving reputation, preventing unjust accusations, and providing the opportunity for repentance and reformation for wrongdoers, not punishing and disgracing individuals. In reality, the sensitivity of Islam's penal system is aimed more at preventing corruption from becoming public and spreading in society than being focused on the hidden sin itself (pp. 150-151).<br /> <br /> === Second Section: Objectives of Punishments in Sexual Crimes Warranting Hadd ===<br /> By analyzing the totality of the regulations, the author arrives at the objectives of punishment in sexual crimes warranting ''hadd''. He believes that Islam's approach is not pure retributivism based on focusing on the crime and the moral responsibility of the criminal; rather, consequentialism exists within it as well; because factors such as repentance, doubt (''shubhah''), and the ruler's pardon can nullify the punishment (pp. 152-156).<br /> <br /> The author explains the objectives of these punishments under the following headings:<br /> <br /> '''Reformation and Rehabilitation of the Offender:''' This objective is the most central goal. The abundant emphasis on repentance and its acceptance for the nullification of the ''hadd'', and the Infallibles' (a) encouragement to repent instead of confessing, bear witness to this claim. By leaving the path of repentance open, the Lawgiver seeks the true reformation of the individual (pp. 157-162).<br /> <br /> '''Private and Public Deterrence:''' Punishments such as flogging and exile, in addition to physical pain, deter the individual from repeating the crime by creating a sense of degradation. Executing the punishment in the presence of a group of believers is also with the goal of society drawing a lesson and strengthening public deterrence. However, Islam, by emphasizing the presence of a small group (''ta'ifah'') and not all the people, as well as setting conditions for those present, has prevented the execution of punishment from turning into a public spectacle that could cause irreparable damage to the individual's personality (pp. 162-165).<br /> <br /> '''Restorative Justice:''' Islam's penal system pays special attention to compensating for loss and soothing the victim's suffering in crimes that have a specific victim (such as rape). In these cases, the nullification of the punishment through repentance is conditional upon obtaining the victim's consent, which shows the official recognition of the victim's rights in the penal process (pp. 170-174).<br /> <br /> Ultimately, the author concludes that ''hadd'' punishments in [[sexual crimes]] have been established to protect values such as &quot;[[chastity]]&quot; and &quot;sexual health,&quot; but the Lawgiver, through extreme strictness in proof and emphasis on repentance and covering up, has shown that He has no inclination toward the widespread execution of these punishments and His main goal is reformation and prevention (pp. 174-178).<br /> <br /> == Objectives of Punishments in Discretionary (''Ta'ziri'') Sexual Crimes ==<br /> This chapter examines the objectives of punishment in crimes whose nature is a moral error but do not reach the level of fornication and sodomy and have a &quot;discretionary&quot; (''ta'ziri'') punishment (at the discretion of the ruler).<br /> <br /> === First Section: Textually Specified (''Mansus'') Discretionary Sexual Crimes ===<br /> By examining the crimes for which ''ta'zir'' has been determined in narrations, the author analyzes the Lawgiver's approach. Instances such as two non-mahram individuals sleeping under one cover, kissing out of lust, [[deflowering]], [[bestiality]], and masturbation have been condemned in narrations and ''ta'ziri'' punishments (such as flogging less than the ''hadd'' amount) have been mentioned for them (pp. 181-184). The author discusses deflowering, sexual intercourse with animals, masturbation, [[sexual intercourse with minors]], and [[sexual violence]] (pp. 185-201).<br /> <br /> === Second Section: Principles Governing Discretionary Sexual Crimes ===<br /> By analyzing the previous discussions, the author extracts several principles for the ''ta'zir'' system in sexual crimes:<br /> <br /> '''Difficulty of Judicial Proof:''' The strict approach and the inclination toward covering up that govern ''hudud'' flow a fortiori in ''ta'ziri'' crimes as well. Spying to discover hidden sins is forbidden, and the principle is non-penal intervention (pp. 203-207).<br /> <br /> '''The Effect of Repentance:''' Repentance, just as it nullifies ''hudud'', also nullifies ''ta'ziri'' punishments, which possess the nature of a sin. In this case, even if doubt exists, the [[Maxim of Dar']] (warding off punishments) prevents the execution of punishment upon the repentant (pp. 211-219).<br /> <br /> '''Diversity in Penal Sanctions:''' Unlike ''hudud'', in ''ta'zirat'' there is no obligation to use the punishment of flogging. The author rejects the idea that flogging is an ideal Islamic punishment and believes this punishment was a product of the culture and conditions of its time, and the Lawgiver, by delegating ''ta'zir'' to the ruler's opinion, has left the path open for the use of efficient, humane punishments suitable for every era (pp. 219-220).<br /> <br /> '''The Necessity of Avoiding Punitive Extremism:''' The principle that [[Ta'zir is less than Hadd]] (''al-ta'zir bima duna al-hadd'') indicates the Lawgiver's tolerant approach in this domain. The ruler must content himself with the minimum punishment that secures the educational and deterrent objectives and avoid severity (pp. 220-224).<br /> <br /> === Third Section: Strategies for Determining the Objectives of Punishments ===<br /> Considering the aforementioned principles, the author proposes the following strategies for determining the objectives of punishment in ''ta'ziri'' sexual crimes:<br /> <br /> '''The Principle of Preventing Widespread Criminalization:''' Every forbidden (''haram'') act must not necessarily be considered a crime. [[Criminalization]] must be carried out based on public interest and with caution to prevent penal inflation (pp. 225-227).<br /> <br /> '''The Principle of Preferring Covering Up:''' Regarding sexual errors that have a private aspect, the principle is encouraging repentance and concealment (''istitar''), and non-penal intervention (pp. 227-228).<br /> <br /> '''The Principle of Minimal Use of Punishment to Defend Morality:''' The protection of moral values is not necessarily achieved through punishment; therefore, cultural and educational tools must be utilized, and punishment should be considered the last resort (pp. 228-230). <br /> <br /> '''The Principle of Caring for the Reformation of the Offender:''' The main goal in these crimes must be the rehabilitation and reformation of the individual, not merely retribution (pp. 203-231).<br /> <br /> '''The Principle of Proportionate Defense and Compensation:''' Where a crime damages the rights of others, one must react with proportionality and justice, and completely secure the rights of the victim (pp. 231-233).<br /> <br /> '''The Principle of the Diversity and Humaneness of Punishments:''' A wide spectrum of penal reactions appropriate to the criminal's personality and the conditions of society, including alternative punishments, must be used, and the human dignity of the offender must be emphasized at all stages (pp. 234-238).<br /> <br /> == Objectives of Punishments in Crimes Harmful to Public Morality ==<br /> In this chapter, the author examines crimes that, unlike personal errors, directly target the public morality of society. By citing some Western thinkers, he shows that preserving public morality has always been a concern for legislators. In the contemporary era as well, with the expansion of technology, phenomena such as [[pornography]] and [[human trafficking]] have become serious challenges, and international human rights documents have also emphasized the necessity of protecting morality and public decency (pp. 241-244).<br /> <br /> === First Section: Penal Titles Appropriate to the Violation of Public Morality ===<br /> In this section, among the crimes related to the [[violation of public morality]], the author examines three penal titles: &quot;[[procuring (''qawwadi'')]]&quot;, &quot;[[Enmity against God (''moharebeh'')|enmity against God (''muharabah'')]] and [[Corruption on earth|corruption on earth (''ifsad fi al-ard'')]]&quot;, and the &quot;[[buying and selling of humans]]&quot;.<br /> <br /> &quot;Procuring&quot; (''qawwadi'') in jurisprudence means bringing a man and a woman together for fornication or sodomy, and according to the famous opinion of Imami jurists, it warrants ''hadd'' (75 lashes and exile). Through a detailed critique of the evidences for this fatwa, the author concludes that ''qawwadi'' is a crime warranting ''ta'zir'', not ''hadd''. This conclusion opens the path for determining more appropriate and efficient punishments for the new and complex forms of ''qawwadi'' in today's world (pp. 247-265).<br /> <br /> In the author's belief, some laws after the revolution have considered crimes such as operating centers of corruption or the production and distribution of obscene materials as instances of corruption on earth and warranting the ''hadd'' for ''muharabah''. By analyzing [[Verse 33 of Surah al-Ma'idah]], the author believes that corruption on earth cannot be considered an independent crime warranting ''hadd''. Also, generalizing this title to [[crimes against public morality]] lacks clear evidence and is contrary to the [[Principle of precaution|principle of precaution (''ihtiyat'')]] in blood and ''hudud'' (pp. 265-275).<br /> <br /> In the author's belief, the buying and selling of humans, which is a clear instance of violating human dignity, is forbidden and void in Islam. Narrations that have determined the punishment of amputating the hand for the seller of a free human cannot be the basis for a ruling of ''hadd'' due to weakness in their chains of transmission; therefore, this crime also warrants ''ta'zir'' (pp. 275-281).<br /> <br /> === Second Section: Objectives of Penal Reaction to Crimes Against Public Morality ===<br /> Considering previous examinations, the author explains three objectives in penal reactions to crimes against public morality:<br /> <br /> '''Defense of Society and Public Morality:''' The main goal is the decisive defense of society and its values. The penal reaction must be efficient and deterrent enough that criminals, especially organized gangs, do not dare to transgress upon the sanctuary of public morality. In this domain, one cannot adhere to the strictures of proof that exist in ''hudud''; rather, the crime must be proven and combated using customary methods (pp. 283-286).<br /> <br /> '''Compensation for the Victim of the Crime:''' In many of these crimes, there are specific victims (such as women and children) who require serious protection. The penal system must be such that the material and spiritual rights of these individuals are completely compensated (pp. 286-287).<br /> <br /> '''Reformation and Rehabilitation of the Offender:''' Even in severe crimes, the objective of reformation and rehabilitation should not be neglected; rather, especially concerning situational offenders and those who themselves have been victims of circumstances, an educational approach must be taken, and the path for their return to society must be left open (p. 287).<br /> <br /> == Execution of Hudud in the Event of Conflict (''Tazahum'') ==<br /> The author poses this question: &quot;If the execution of fixed ''hudud'' conflicts with more important expediencies and the intended objectives of them are not realized, what is the duty?&quot; (p. 290). He then raises three headings:<br /> <br /> '''Non-Realization of Expected Objectives:''' If the execution of a ''hadd'' (like flogging) in specific conditions has no deterrence, insisting on its execution is futile. Since punishments are a means and not a goal, with the non-realization of the goal, the means also loses its thematic relevance (''mawdu'iyyah'') (pp. 291-297).<br /> <br /> '''Realization of Contradictory Effects:''' If the execution of a ''hadd'' brings about a reverse result (for instance, the public execution of a ''hadd'' upon a woman exposes her to greater harm, or executing a ''hadd'' in enemy territory causes the individual to join the disbelievers), by the judgment of intellect and citing the conduct of the Infallibles (a), one must refrain from executing it (pp. 298-301).<br /> <br /> '''Conflict with Collateral Corruptions (''Mafasid''):''' Sometimes the execution of a ''hadd'' possesses an expediency, but entails a greater corruption; like unconventional harm to the convict, [[Maxim of No Hardship|severe hardship for the Islamic society]], or the alienation and aversion of the people from religion. Through a detailed analysis of the [[Maxim of the prohibition of alienating from religion]], the author shows that this maxim is a rational and Sharia principle that governs many primary rulings, including the execution of ''hudud''. If executing a ''hadd'' like stoning causes the degradation (''wahn'') of Islam and people's aversion to religion, the Islamic ruler is obliged to halt its execution. These expediency evaluations, which have a precedent in the conduct of the Prophet (s) and the Imams (a), do not mean the suspension (''ta'til'') of ''hudud'', but mean their wise execution and making them efficient (pp. 302-345).<br /> <br /> The book concludes by presenting several approaches and suggestions. It is emphasized that since Islam's penal system is not a one-dimensional and retributivist system, but rather consequentialist and purposeful, it possesses the capacity, through dynamic and contemporary ''ijtihad'', to constantly maintain its efficiency and harmonize with the needs of every era (pp. 346-362).<br /> <br /> [[Category:Bibliography Articles]]<br /> [[Category:Books by Rahim Nowbahar]]<br /> [[Category:Books on judicial jurisprudence]]<br /> [[fa:اهداف مجازات‌ها در جرایم جنسی (کتاب)]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Objectives_of_Punishments_in_Sexual_Crimes:_An_Islamic_Perspective_(Book)&diff=2809 2026-05-28T12:05:26Z

<p>Sarfipour: </p> <hr /> <div>{{author<br /> |author = Mahdi Shajarian<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }}<br /> {{infobox book<br /> | title = The Objectives of Punishments in Sexual Crimes: An Islamic Perspective<br /> | image = The_Objectives_of_Punishments_in_Sexual_Crimes_An_Islamic_Perspective.jpg<br /> | image_size = <br /> | image_caption = <br /> | other_names = <br /> | author = [[Rahim Nowbahar]]<br /> | date_of_writing = <br /> | subject = Sexual Crimes<br /> | genre = <br /> | language = Persian<br /> | editor = <br /> | corrected_by = <br /> | effort_by = <br /> | illustrator = <br /> | cover_designer = <br /> | volume_count = <br /> | pages = 408<br /> | format = <br /> | collection = <br /> | translated_to_other_languages = <br /> | publisher = Islamic Sciences and Culture Academy<br /> | publication_place = Qom<br /> | publication_date = 2010 (1389 SH)<br /> | edition = First<br /> | print_run = <br /> | isbn = <br /> | media_type = <br /> | publisher_website =<br /> | book_name = &lt;!-- Book name in Persian --&gt;<br /> | translator = &lt;!-- Translator into Persian --&gt;<br /> | publication_details = &lt;!-- Publication details in Persian --&gt;<br /> | electronic_version =<br /> }}'''Abstract'''<br /> <br /> ''The Objectives of Punishments in Sexual Crimes: An Islamic Perspective (in persian: [[:fa:اهداف_مجازات‌ها_در_جرایم_جنسی_(کتاب)|اهداف مجازات‌ها در جرایم جنسی]])'', authored by Rahim Nowbahar, re-examines the philosophy of penal sanctions for sexual offenses within Islamic jurisprudence. Employing a teleological approach—grounded in ''[[Maqāṣid al-Sharīʿa]]'' (the higher objectives of Islamic law)—and a holistic framework, this work transcends a purely [[Dogmatic (taʿabbudī)|dogmatic (''taʿabbudī'')]] interpretation. It posits that in Islam, penal sanctions serve as instruments for realizing transcendent objectives, namely the administration of justice, the rehabilitation of the offender, and deterrence. <br /> <br /> By delineating the boundary between “private moral lapses” and “offenses against public decency,” the book demonstrates that the Lawgiver’s (''Shāriʿ'') paradigm fundamentally shifts between the two. Regarding the former, by imposing stringent evidentiary requirements, the emphasis is placed on the concealment of sins (''sitr'') and repentance (''tawba''). Conversely, for the latter, the primary objective is the resolute defense of societal values. Ultimately, through an analysis of the [[Normative collision (tazāḥum)|normative collision (''tazāḥum'')]] between the execution of fixed punishments (''ḥudūd'') and overriding public interests—such as [[Preventing aversion to religion (tanfīr min al-dīn)|preventing aversion to religion (''tanfīr min al-dīn'')]]—the study concludes that the Islamic penal system is inherently flexible and dynamic. Consequently, the Islamic state can, and indeed must, calibrate the modalities or even suspend the execution of these sanctions through a rigorous assessment of [[Public interest (maṣlaḥa)|public interest (''maṣlaḥa'')]], ensuring the true objectives of the penal system are fulfilled.<br /> <br /> == Brief Overview ==<br /> The book The Objectives of Punishments in Sexual Crimes: An Islamic Perspective, penned by Rahim Nowbahar, is among the books of judicial jurisprudence with a focus on sexual crimes. This book was first published by the [[Islamic Sciences and Culture Academy]] in 2010 (1389 SH) in 408 pages.<br /> <br /> === Structure of the Book ===<br /> This research is organized into an introduction and five main chapters: The first chapter presents the theoretical foundations and methods for recognizing the objectives of Islamic punishments (pp. 56-126). The second chapter analyzes the objectives of punishments in [[sexual crimes]] warranting ''hadd'' (adultery/fornication [''zina''], sodomy [''liwat''], and lesbianism [''musahaqah'']), with an emphasis on the difficulty of proof and the principle of covering up (pp. 127-180). The third chapter is dedicated to discretionary (''ta'ziri'') sexual crimes that have the nature of an individual error (pp. 180-239). The fourth chapter examines crimes against public morality (such as [[procuring (''qawwadi'')]]) (pp. 241-288). The final chapter addresses the discussion of the conflict (''tazahum'') between executing ''hudud'' and higher interests, such as the maxim of &quot;[[Maxim of No Hardship|social hardship of Muslims]]&quot; and the &quot;[[Prohibition of alienating from religion|prohibition of alienating from religion]]&quot; (pp. 291-406).<br /> <br /> == Objectives of Islamic Punishments ==<br /> === First Section: Ways of Discovering the Objectives of Islamic Punishments ===<br /> In the author's belief, several ways can be utilized to discover the objectives of punishments in Islam:<br /> <br /> '''Recognizing the General Objectives of Islam:''' Principles such as justice, which is one of the goals of the prophets' mission, and purification (''tazkiyah''), mercy (''rahmah''), and dignity (''karamah''), which are employed for the reformation of the individual, are strategic principles for directing the goals of the penal system (pp. 56-59).<br /> <br /> '''Deduction from the Text and the Apparent Meaning of Texts:''' By contemplating verses and narrations, as well as the rationale and wisdom mentioned for certain rulings, one can discover the objectives of the Lawgiver. On this path, one should not content oneself with definitive texts (''nusus''); rather, valid apparent meanings (''zawahir'') and even the understanding derived from the totality of the evidences (the spirit of the law) are also authoritative (''hujjah'') (pp. 59-69).<br /> <br /> '''Studying the History of Punishments:''' Examining the historical background of punishments and the developments that occurred in their execution during the time of the Infallibles (a) is very illuminating. For example, the change in the punishment for drinking alcohol from forty lashes to eighty lashes during the time of the second Caliph. This change, which occurred with the suggestion of Imam Ali (a) and because the previous punishment was not a deterrent, shows that &quot;deterrence&quot; is one of the key objectives (pp. 69-70).<br /> <br /> Whether Punishments are Endorsed (''Imda'i'') or Established (''Ta'sisi''): Almost all corporal punishments in Islam (stoning [''rajm''], flogging, amputation of the hand) were prevalent before Islam as well. Now, did the Lawgiver consider these punishments a rational practice and endorse them with the condition of &quot;being prevalent&quot; (restrictive aspect or ''haythiyyat taqyidiyyah''), or was the reason for the Lawgiver's endorsement solely their prevalence (causative aspect or ''haythiyyat ta'liliyyah'')? If the condition of prevalence is part of the subject (''mawdu'''), then with the disappearance of the rational prevalence of a punishment, the subject of the ruling is also nullified. This discussion raises the possibility of changing punishments based on social and cultural developments (pp. 74-75).<br /> <br /> '''The Type of Punishments and the Method of Their Execution:''' The type of punishments (such as [[execution]] or [[imprisonment]]) and the manner of their execution (publicly or privately) can indicate the legislator's objectives. Islam's emphasis on executing punishment in the presence of a group of believers indicates the aspect of public deterrence and universal supervision (pp. 84-85).<br /> <br /> '''Cases of the Nullification (''Suqut'') of Punishments:''' Factors such as repentance (''tawbah''), the complainant's forgiveness, and the ruler's pardon, which cause the nullification of the punishment, show that the rehabilitation of the offender and compensation for the victim's loss are among the important objectives of Islam's penal system (pp. 86-87).<br /> <br /> '''The Ruling of Punishments in the Assumption of Conflict (''Tazahum''):''' Sometimes a conflict arises between the [[expediency]] (''maslahah'') of executing a punishment and other expediencies or corruptions (''mafasid''); scrutinizing the legislator's rulings in cases of conflict regarding the execution of a punishment or overlooking it reveals the legislator's attitude toward punishment and its objectives (p. 87).<br /> <br /> === Second Section: Objectives of Islamic Punishments ===<br /> The author explains the objectives of Islamic punishments as follows:<br /> <br /> '''Execution of Justice:''' Justice is the ultimate goal of the prophets' mission and the spirit governing all Islamic rulings; the emphasis on &quot;retribution in kind&quot; (''qisas bi al-mithl'') and the prohibition of extravagance in killing are manifestations of this fundamental goal. Islamic justice pays attention to expediency evaluation and consequentialism, and is mingled with pardon and mercy (pp. 99-106).<br /> <br /> '''Reformation and Rehabilitation of the Offender:''' Purification and upbringing are among the main goals of religion. The prominent role of repentance in the nullification of many punishments and the religious leaders' emphasis on the reformation of and clemency toward the offender clearly show that rehabilitation and returning the individual to society are among the important goals of Islamic punishments (pp. 107-109).<br /> <br /> '''Defense of Society and Its Values:''' Alongside attention to the individual, Islam also cares for the foundation and values of society. Punishments such as imprisonment and exile for dangerous offenders have been legislated with the goal of protecting society (pp. 111-113).<br /> <br /> '''Private and Public Deterrence:''' Creating fear and serving as an example for the offender themselves (private deterrence) and others (public deterrence) are among the clear objectives of punishments (p. 116). The intensification of punishment in the event of repeating the crime and the public execution of certain punishments are carried out with this very objective (p. 118).<br /> <br /> '''Compensation for the Victim:''' In crimes where the rights of others are violated, the Lawgiver has paid attention to compensating for the loss and soothing the victim's suffering. Institutions such as [[blood money]] (''diyah''), the right to retribution (''qisas''), and the necessity of the complainant's consent in crimes involving the rights of people (''haqq al-nas'') show the importance of this objective (pp. 121-122).<br /> <br /> == Objectives of Punishments in Sexual Crimes Warranting Hadd ==<br /> This chapter first presents the punishment for [[sexual crimes]] warranting ''hadd'' (adultery/fornication, sodomy, and lesbianism), then examines the objectives of their punishment (pp. 125-178).<br /> <br /> === First Section: Punishment for Sexual Crimes Warranting Hadd and Their Judicial Proof ===<br /> Regarding the punishment for fornication (''zina''), the famous theory of jurists is that at the beginning of Islam, its punishment was life imprisonment in the house ([[Verse 15 of Surah al-Nisa']]), but this ruling was abrogated by [[Verse 2 of Surah al-Nur]], which determined the punishment as one hundred lashes. Thereafter, one hundred lashes were designated for the punishment of fornication by an unmarried person (''ghayr muhsan''), and stoning (''rajm'') for adultery by a married person (''muhsan'') (pp. 131-132). <br /> <br /> Regarding the punishment for sodomy (''liwat''), the famous theory of Shia jurists is [[execution]], but in the method of its execution, the ruler has the choice among methods such as killing with a sword, burning, [[stoning]], throwing from a height, or collapsing a wall upon him. Sunni jurists disagree on this matter; Abu Hanifa considers sodomy to warrant discretionary punishment (''ta'zir''), and Al-Shafi'i and Malik consider its ''hadd'' similar to the ''hadd'' for fornication/adultery (stoning or flogging depending on marital status [''ihsan'']) (p. 140).<br /> <br /> Based on the famous fatwa of Shia jurists, lesbianism (''musahaqah'') is among the crimes warranting ''hadd'', carrying a punishment of one hundred lashes. In the event of repeating the crime and the ''hadd'' being executed three times, the perpetrator is executed on the fourth occasion. The majority of Sunni jurists consider lesbianism to warrant ''ta'zir'' (pp. 142-143).<br /> <br /> In the author's belief, despite the severe punishments foreseen for these crimes, the Holy Lawgiver has been extremely strict in their judicial proof. Proving these crimes requires the testimony of four just men who have seen the act clearly and without any ambiguity; a matter which is practically almost impossible. Furthermore, [[spying/snooping]] (''tajassus'') to discover the sin and even looking at the crime scene to bear witness is not permissible. If the number of witnesses does not reach the required quorum, they themselves are sentenced to the ''hadd'' for false accusation of unchastity (''qadhf'') (eighty lashes) (pp. 143-144). The other way of proof is the individual's own confession, which must also be four times and in separate sessions. The conduct (''sirah'') of the Prophet (s) and Imam Ali (a) was to dissuade individuals from confessing and to encourage them to repent and cover up (pp. 144-147). <br /> <br /> This entire set of strictures shows that the Lawgiver's main objective is preserving reputation, preventing unjust accusations, and providing the opportunity for repentance and reformation for wrongdoers, not punishing and disgracing individuals. In reality, the sensitivity of Islam's penal system is aimed more at preventing corruption from becoming public and spreading in society than being focused on the hidden sin itself (pp. 150-151).<br /> <br /> === Second Section: Objectives of Punishments in Sexual Crimes Warranting Hadd ===<br /> By analyzing the totality of the regulations, the author arrives at the objectives of punishment in sexual crimes warranting ''hadd''. He believes that Islam's approach is not pure retributivism based on focusing on the crime and the moral responsibility of the criminal; rather, consequentialism exists within it as well; because factors such as repentance, doubt (''shubhah''), and the ruler's pardon can nullify the punishment (pp. 152-156).<br /> <br /> The author explains the objectives of these punishments under the following headings:<br /> <br /> '''Reformation and Rehabilitation of the Offender:''' This objective is the most central goal. The abundant emphasis on repentance and its acceptance for the nullification of the ''hadd'', and the Infallibles' (a) encouragement to repent instead of confessing, bear witness to this claim. By leaving the path of repentance open, the Lawgiver seeks the true reformation of the individual (pp. 157-162).<br /> <br /> '''Private and Public Deterrence:''' Punishments such as flogging and exile, in addition to physical pain, deter the individual from repeating the crime by creating a sense of degradation. Executing the punishment in the presence of a group of believers is also with the goal of society drawing a lesson and strengthening public deterrence. However, Islam, by emphasizing the presence of a small group (''ta'ifah'') and not all the people, as well as setting conditions for those present, has prevented the execution of punishment from turning into a public spectacle that could cause irreparable damage to the individual's personality (pp. 162-165).<br /> <br /> '''Restorative Justice:''' Islam's penal system pays special attention to compensating for loss and soothing the victim's suffering in crimes that have a specific victim (such as rape). In these cases, the nullification of the punishment through repentance is conditional upon obtaining the victim's consent, which shows the official recognition of the victim's rights in the penal process (pp. 170-174).<br /> <br /> Ultimately, the author concludes that ''hadd'' punishments in [[sexual crimes]] have been established to protect values such as &quot;[[chastity]]&quot; and &quot;sexual health,&quot; but the Lawgiver, through extreme strictness in proof and emphasis on repentance and covering up, has shown that He has no inclination toward the widespread execution of these punishments and His main goal is reformation and prevention (pp. 174-178).<br /> <br /> == Objectives of Punishments in Discretionary (''Ta'ziri'') Sexual Crimes ==<br /> This chapter examines the objectives of punishment in crimes whose nature is a moral error but do not reach the level of fornication and sodomy and have a &quot;discretionary&quot; (''ta'ziri'') punishment (at the discretion of the ruler).<br /> <br /> === First Section: Textually Specified (''Mansus'') Discretionary Sexual Crimes ===<br /> By examining the crimes for which ''ta'zir'' has been determined in narrations, the author analyzes the Lawgiver's approach. Instances such as two non-mahram individuals sleeping under one cover, kissing out of lust, [[deflowering]], [[bestiality]], and masturbation have been condemned in narrations and ''ta'ziri'' punishments (such as flogging less than the ''hadd'' amount) have been mentioned for them (pp. 181-184). The author discusses deflowering, sexual intercourse with animals, masturbation, [[sexual intercourse with minors]], and [[sexual violence]] (pp. 185-201).<br /> <br /> === Second Section: Principles Governing Discretionary Sexual Crimes ===<br /> By analyzing the previous discussions, the author extracts several principles for the ''ta'zir'' system in sexual crimes:<br /> <br /> '''Difficulty of Judicial Proof:''' The strict approach and the inclination toward covering up that govern ''hudud'' flow a fortiori in ''ta'ziri'' crimes as well. Spying to discover hidden sins is forbidden, and the principle is non-penal intervention (pp. 203-207).<br /> <br /> '''The Effect of Repentance:''' Repentance, just as it nullifies ''hudud'', also nullifies ''ta'ziri'' punishments, which possess the nature of a sin. In this case, even if doubt exists, the [[Maxim of Dar']] (warding off punishments) prevents the execution of punishment upon the repentant (pp. 211-219).<br /> <br /> '''Diversity in Penal Sanctions:''' Unlike ''hudud'', in ''ta'zirat'' there is no obligation to use the punishment of flogging. The author rejects the idea that flogging is an ideal Islamic punishment and believes this punishment was a product of the culture and conditions of its time, and the Lawgiver, by delegating ''ta'zir'' to the ruler's opinion, has left the path open for the use of efficient, humane punishments suitable for every era (pp. 219-220).<br /> <br /> '''The Necessity of Avoiding Punitive Extremism:''' The principle that [[Ta'zir is less than Hadd]] (''al-ta'zir bima duna al-hadd'') indicates the Lawgiver's tolerant approach in this domain. The ruler must content himself with the minimum punishment that secures the educational and deterrent objectives and avoid severity (pp. 220-224).<br /> <br /> === Third Section: Strategies for Determining the Objectives of Punishments ===<br /> Considering the aforementioned principles, the author proposes the following strategies for determining the objectives of punishment in ''ta'ziri'' sexual crimes:<br /> <br /> '''The Principle of Preventing Widespread Criminalization:''' Every forbidden (''haram'') act must not necessarily be considered a crime. [[Criminalization]] must be carried out based on public interest and with caution to prevent penal inflation (pp. 225-227).<br /> <br /> '''The Principle of Preferring Covering Up:''' Regarding sexual errors that have a private aspect, the principle is encouraging repentance and concealment (''istitar''), and non-penal intervention (pp. 227-228).<br /> <br /> '''The Principle of Minimal Use of Punishment to Defend Morality:''' The protection of moral values is not necessarily achieved through punishment; therefore, cultural and educational tools must be utilized, and punishment should be considered the last resort (pp. 228-230). <br /> <br /> '''The Principle of Caring for the Reformation of the Offender:''' The main goal in these crimes must be the rehabilitation and reformation of the individual, not merely retribution (pp. 203-231).<br /> <br /> '''The Principle of Proportionate Defense and Compensation:''' Where a crime damages the rights of others, one must react with proportionality and justice, and completely secure the rights of the victim (pp. 231-233).<br /> <br /> '''The Principle of the Diversity and Humaneness of Punishments:''' A wide spectrum of penal reactions appropriate to the criminal's personality and the conditions of society, including alternative punishments, must be used, and the human dignity of the offender must be emphasized at all stages (pp. 234-238).<br /> <br /> == Objectives of Punishments in Crimes Harmful to Public Morality ==<br /> In this chapter, the author examines crimes that, unlike personal errors, directly target the public morality of society. By citing some Western thinkers, he shows that preserving public morality has always been a concern for legislators. In the contemporary era as well, with the expansion of technology, phenomena such as [[pornography]] and [[human trafficking]] have become serious challenges, and international human rights documents have also emphasized the necessity of protecting morality and public decency (pp. 241-244).<br /> <br /> === First Section: Penal Titles Appropriate to the Violation of Public Morality ===<br /> In this section, among the crimes related to the [[violation of public morality]], the author examines three penal titles: &quot;[[procuring (''qawwadi'')]]&quot;, &quot;[[Enmity against God (''moharebeh'')|enmity against God (''muharabah'')]] and [[Corruption on earth|corruption on earth (''ifsad fi al-ard'')]]&quot;, and the &quot;[[buying and selling of humans]]&quot;.<br /> <br /> &quot;Procuring&quot; (''qawwadi'') in jurisprudence means bringing a man and a woman together for fornication or sodomy, and according to the famous opinion of Imami jurists, it warrants ''hadd'' (75 lashes and exile). Through a detailed critique of the evidences for this fatwa, the author concludes that ''qawwadi'' is a crime warranting ''ta'zir'', not ''hadd''. This conclusion opens the path for determining more appropriate and efficient punishments for the new and complex forms of ''qawwadi'' in today's world (pp. 247-265).<br /> <br /> In the author's belief, some laws after the revolution have considered crimes such as operating centers of corruption or the production and distribution of obscene materials as instances of corruption on earth and warranting the ''hadd'' for ''muharabah''. By analyzing [[Verse 33 of Surah al-Ma'idah]], the author believes that corruption on earth cannot be considered an independent crime warranting ''hadd''. Also, generalizing this title to [[crimes against public morality]] lacks clear evidence and is contrary to the [[Principle of precaution|principle of precaution (''ihtiyat'')]] in blood and ''hudud'' (pp. 265-275).<br /> <br /> In the author's belief, the buying and selling of humans, which is a clear instance of violating human dignity, is forbidden and void in Islam. Narrations that have determined the punishment of amputating the hand for the seller of a free human cannot be the basis for a ruling of ''hadd'' due to weakness in their chains of transmission; therefore, this crime also warrants ''ta'zir'' (pp. 275-281).<br /> <br /> === Second Section: Objectives of Penal Reaction to Crimes Against Public Morality ===<br /> Considering previous examinations, the author explains three objectives in penal reactions to crimes against public morality:<br /> <br /> '''Defense of Society and Public Morality:''' The main goal is the decisive defense of society and its values. The penal reaction must be efficient and deterrent enough that criminals, especially organized gangs, do not dare to transgress upon the sanctuary of public morality. In this domain, one cannot adhere to the strictures of proof that exist in ''hudud''; rather, the crime must be proven and combated using customary methods (pp. 283-286).<br /> <br /> '''Compensation for the Victim of the Crime:''' In many of these crimes, there are specific victims (such as women and children) who require serious protection. The penal system must be such that the material and spiritual rights of these individuals are completely compensated (pp. 286-287).<br /> <br /> '''Reformation and Rehabilitation of the Offender:''' Even in severe crimes, the objective of reformation and rehabilitation should not be neglected; rather, especially concerning situational offenders and those who themselves have been victims of circumstances, an educational approach must be taken, and the path for their return to society must be left open (p. 287).<br /> <br /> == Execution of Hudud in the Event of Conflict (''Tazahum'') ==<br /> The author poses this question: &quot;If the execution of fixed ''hudud'' conflicts with more important expediencies and the intended objectives of them are not realized, what is the duty?&quot; (p. 290). He then raises three headings:<br /> <br /> '''Non-Realization of Expected Objectives:''' If the execution of a ''hadd'' (like flogging) in specific conditions has no deterrence, insisting on its execution is futile. Since punishments are a means and not a goal, with the non-realization of the goal, the means also loses its thematic relevance (''mawdu'iyyah'') (pp. 291-297).<br /> <br /> '''Realization of Contradictory Effects:''' If the execution of a ''hadd'' brings about a reverse result (for instance, the public execution of a ''hadd'' upon a woman exposes her to greater harm, or executing a ''hadd'' in enemy territory causes the individual to join the disbelievers), by the judgment of intellect and citing the conduct of the Infallibles (a), one must refrain from executing it (pp. 298-301).<br /> <br /> '''Conflict with Collateral Corruptions (''Mafasid''):''' Sometimes the execution of a ''hadd'' possesses an expediency, but entails a greater corruption; like unconventional harm to the convict, [[Maxim of No Hardship|severe hardship for the Islamic society]], or the alienation and aversion of the people from religion. Through a detailed analysis of the [[Maxim of the prohibition of alienating from religion]], the author shows that this maxim is a rational and Sharia principle that governs many primary rulings, including the execution of ''hudud''. If executing a ''hadd'' like stoning causes the degradation (''wahn'') of Islam and people's aversion to religion, the Islamic ruler is obliged to halt its execution. These expediency evaluations, which have a precedent in the conduct of the Prophet (s) and the Imams (a), do not mean the suspension (''ta'til'') of ''hudud'', but mean their wise execution and making them efficient (pp. 302-345).<br /> <br /> The book concludes by presenting several approaches and suggestions. It is emphasized that since Islam's penal system is not a one-dimensional and retributivist system, but rather consequentialist and purposeful, it possesses the capacity, through dynamic and contemporary ''ijtihad'', to constantly maintain its efficiency and harmonize with the needs of every era (pp. 346-362).<br /> <br /> [[Category:Bibliography Articles]]<br /> [[Category:Books by Rahim Nowbahar]]<br /> [[Category:Books on judicial jurisprudence]]<br /> [[fa:اهداف مجازات‌ها در جرایم جنسی (کتاب)]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=info:The_Objectives_of_Punishments_in_Sexual_Crimes:_An_Islamic_Perspective_(Book)&diff=2808 2026-05-28T11:52:00Z

<p>Sarfipour: Created page with &quot;{{info | title = The Objectives of Punishments in Sexual Offenses (Book) | author 1 = Mahdi Shajarian | author email 1 = m.shajarian110@gmail.com | education 1 = Ph.D. in Islamic Philosophy; Advanced Level Professor at Hawzah; Dars-e Kharej, Hawzah Ilmiyyah | academic rank 1 = | author 2 = | author email 2 = | education 2 = | academic rank 2 = | subject = Introduction to Books on Sexual Offenses | style = Report | publication date = October 29, 2025 | langua...&quot;</p> <hr /> <div>{{info<br /> | title = The Objectives of Punishments in Sexual Offenses (Book)<br /> | author 1 = Mahdi Shajarian<br /> | author email 1 = m.shajarian110@gmail.com<br /> | education 1 = Ph.D. in Islamic Philosophy; Advanced Level Professor at Hawzah; Dars-e Kharej, Hawzah Ilmiyyah<br /> | academic rank 1 =<br /> | author 2 =<br /> | author email 2 =<br /> | education 2 =<br /> | academic rank 2 =<br /> | subject = Introduction to Books on Sexual Offenses<br /> | style = Report<br /> | publication date = October 29, 2025<br /> | language = Persian<br /> | translator = AI<br /> | other articles of the author = [[:Category:Articles by Mahdi Shajarian|Articles by Mahdi Shajarian in the Encyclopedia of Contemporary Jurisprudence]]<br /> | other articles of the authors =<br /> | supervisor(s) =<br /> | editing and adaptation = The Editorial Board of the Encyclopedia of Contemporary Jurisprudence<br /> | adaptation =<br /> }}</div>

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<p>Sarfipour: </p> <hr /> <div>{{infobox book<br /> | title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg<br /> | caption = &lt;!-- Add caption for the image --&gt;<br /> | other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī<br /> | main title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | author = Mohammad Javad Asadi<br /> | date of writing = 2021<br /> | subject = Espionage, Counter-espionage, Islamic Jurisprudence<br /> | style = Analytical, Jurisprudential<br /> | language = Persian<br /> | main language = Persian<br /> | editor = &lt;!-- Add editor name if available --&gt;<br /> | textual editing = &lt;!-- Add textual editing details if relevant --&gt;<br /> | with the efforts of = &lt;!-- Add contributors if relevant --&gt;<br /> | collection = &lt;!-- Add collection name if available --&gt;<br /> | illustrator = &lt;!-- Add illustrator name if available --&gt;<br /> | cover designer = &lt;!-- Add cover designer name if available --&gt;<br /> | volumes = 1<br /> | pages = 400<br /> | size = &lt;!-- Specify dimensions if known --&gt;<br /> | translations = &lt;!-- Add translation details if available --&gt;<br /> | publisher = Islamic Research Institute for Culture and Thought<br /> | publication place = Tehran, Iran<br /> | publication date = 2021 (1st Edition)<br /> | printing = 1st Edition<br /> | print run = &lt;!-- Add print run details if available --&gt;<br /> | isbn = &lt;!-- Add ISBN number if available --&gt;<br /> | media type = Print<br /> | publisher website = &lt;!-- Add publisher website URL --&gt;<br /> | english name = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | translator = &lt;!-- Add translator name if available --&gt;<br /> | publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)<br /> | electronic version= &lt;!-- Add link to electronic version if available --&gt;<br /> | other volumes = &lt;!-- Add details of other volumes if available --&gt;<br /> }}<br /> {{Author<br /> |author = Mostafa haghanifazl<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }} <br /> * '''abstract'''<br /> '''The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence''' (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%A8%D8%A7%D9%86%DB%8C_%D9%81%D9%82%D9%87%DB%8C_%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_%D9%88_%D8%B6%D8%AF%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مبانی فقهی جاسوسی و ضدجاسوسی]) is a summary and compilation of the jurisprudential discussions by Shaykh [[Najm al-Din Tabasi]] at the The Islamic Seminary in Qom. This work was printed and published after being reviewed and Revised by him. In this book, jurisprudential discussions regarding Espionage and Intelligence are presented in five Discourses. The author uses Quranic verses, narrations, and historical texts to present and analyze the different aspects of Espionage and Intelligence. After defining and categorizing various types of Espionage and Intelligence, the author proceeds to detail the ruling (hukm) for each category. Throughout the main discussion, related secondary issues concerning Espionage and Intelligence have also been addressed.<br /> == A Brief Look at the Book ==<br /> The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence, authored by [[Najm al-Din Moravveji Tabasi]], is a scholarly work within the domain of political jurisprudence. It was published in collaboration with Markaz e-Takhasussi e-Aimmah al-Athar (A). This book is a Compilation of Lectures by Shaykh Najm al-Din Tabasi at the The Islamic Seminary in Qom, which has been published after his review and revision. This work aims to study the Juridical Opinions regarding Espionage and Intelligence — which has been categorized into several types in the text — through an examination of relevant narrations and the legal Juridical Opinions of jurists from Shi’i and Sunni Schools (Shia and Sunni), along with issues related to it. These issues include matters such as committing Prohibited Acts for the purpose of Espionage and Intelligence, the status of agreements and Safe Conduct to spies, torturing spies, extracting Admissions from them, and interpreting the legitimacy of Espionage and Intelligence based on narrations concerning the appointment of an Arif (a recognized leader or expert in a community) and Naqib (a representative or head of a tribe).<br /> === About the Author ===<br /> Najm al-Din Maruji Tabasi (born 1334 SH ) is a Senior Professor of Advanced Seminar in Islamic jurisprudence at the The Islamic Seminary of Qom. He has authored over 27 works, some of which adopt a Juridical-Legalistic Approach. His notable works include:<br /> <br /> - Al-Dirasat al-Fiqhiyya fi Masa'il Khilafiyya (Jurisprudential Studies on Controversial Issues)<br /> <br /> - Al-Zawaj al-Muwaqqat 'inda al-Sahaba wa al-Tabi'in (Temporary Marriage Among the Companions and Successors)<br /> <br /> - Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid'a (Excommunication Between Tradition and Innovation)<br /> <br /> - Tab’id dar Islam (Exile in Islam)<br /> - Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)<br /> <br /> - Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Juridical Opinions)<br /> <br /> <br /> == Structure of the Book ==<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence is organized into five Discourses (maqām), with each Discourse further divided into chapters, depending on the depth of the discussion, and presenting various topics.<br /> <br /> First Discourse: The Meaning of Espionage and Intelligence <br /> <br /> In this Discourse, the linguistic and terminological meanings of Espionage and Intelligence are examined.<br /> <br /> Second Discourse: Types of Espionage and Intelligence and Spies<br /> Here, the author categorizes Espionage and Intelligence into five types and classifies spies into two categories.<br /> <br /> Third Discourse: The Ruling on Espionage and Intelligence<br /> <br /> This Discourse is presented in two chapters:<br /> <br /> 1. Espionage and Intelligence benefiting Inimical Powers (kufr) and in its interests.<br /> <br /> 2. Espionage and Intelligence benefiting Islam and the The Islamic Polity.<br /> <br /> The first chapter includes three discussions:<br /> <br /> a) The ruling on a Muslim spy according to the fatwas of Shia jurists.<br /> <br /> b) The perspectives of Sunni jurists.<br /> <br /> c) The jurisprudential Scriptural and Rational Scriptural and Rational Evidence for the ruling.<br /> <br /> Fourth Discourse: On Arif and Naqib<br /> <br /> Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Espionage and Intelligence?<br /> <br /> Fifth Discourse: Committing Prohibited Acts During Espionage and Intelligence<br /> <br /> Is it permissible to commit Prohibited Acts in the process of Espionage and Intelligence?<br /> <br /> <br /> <br /> == Meaning and Types of Espionage and Intelligence ==<br /> In the first Discourse, the author discusses the linguistic meaning of Tajassus ( Espionage and Intelligence) using various Lexicographical Authorities. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.<br /> <br /> In the second Discourse, Espionage and Intelligence is classified based on its benefit or lack thereof:<br /> <br /> 1. Investigating personal affairs without any rational motivation (i.e., Purposeless Interference).<br /> <br /> 2. Espionage and Intelligence driven by corrupt intentions.<br /> <br /> 3. Espionage and Intelligence with a rational and legitimate purpose.<br /> <br /> The third category is further divided into:<br /> <br /> a) Espionage and Intelligence for a necessary purpose, such as preserving the The Islamic Polity.<br /> <br /> b) Espionage and Intelligence for a Recommended purpose, such as identifying qualified individuals.<br /> <br /> Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): <br /> <br /> 1. Spies working in favor of the enemies of Islam. <br /> <br /> 2. Spies working in favor of the Islamic state.<br /> <br /> <br /> ==Espionage and Intelligence Benefiting Inimical Powers (Kufr)==<br /> === The Ruling on a Muslim Spy ===<br /> In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. <br /> <br /> 1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to Capital Punishment. However, some contemporary scholars have ruled for the death penalty in cases where Espionage and Intelligence is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).<br /> <br /> 2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, Capital Punishment, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.<br /> <br /> 3. Jurisprudential Scriptural and Rational Scriptural and Rational Evidence : The author presents five pieces of Scriptural and Rational Scriptural and Rational Evidence :<br /> <br /> - Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam). <br /> <br /> - A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the Capital Punishment of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.<br /> <br /> - A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Espionage and Intelligence.<br /> In the first three Scriptural and Rational Scriptural and Rational Evidence s, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable Scriptural and Rational Scriptural and Rational Evidence to justify the Capital Punishment of a Muslim spy. Based on the principle of precaution and available Scriptural and Rational Scriptural and Rational Evidence , he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).<br /> <br /> Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Espionage and Intelligence, and another where the person converted to Islam after committing Espionage and Intelligence. In both cases, he finds the narration insufficient to justify Capital Punishment.<br /> <br /> As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Espionage and Intelligence, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Juridical Opinions of Shia jurists.<br /> === Ruling on a Non-Muslim Spy ===<br /> There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the Capital Punishment of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal Juridical Opinions, and they are included in the book mainly to provide a comprehensive discussion.<br /> <br /> The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is Capital Punishment. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a Admission.<br /> ==== The Dhimmi Spy and the Musta'min Spy ====<br /> In the context of non-Muslim spies, the author explores two jurisprudential branches: <br /> <br /> a) Does Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: <br /> <br /> 1. Espionage and Intelligence immediately breaks the The Dhimmah Pact, turning the Dhimmi into an enemy (Harbi), who is no longer protected. <br /> <br /> 2. It depends on the terms of the Dhimmah agreement. If refraining from Espionage and Intelligence is one of the conditions, then their blood is forfeit. However, the conditions of the Dhimmah contract are not fixed, meaning that the ruler, based on his discretion, can add or remove certain conditions.<br /> <br /> The author also refers to various Sunni opinions, including Capital Punishment or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: &quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the Capital Punishment of spies.&quot;<br /> <br /> b) The Ruling on a Mu'ahid or Musta'min Spy<br /> <br /> The ruling on a spy who is a treaty-holder (Mu'ahid) or a person under temporary protection (Musta'min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: <br /> <br /> In this Discourse, the author presents the views of Shia scholars, who state that if the Imam finds that the spy has committed an offense punishable by hudud (legal punishment) or ta'zir (discretionary punishment), the appropriate punishment is carried out. However, if no legal claim is established against the spy, they are sent back to their homeland. Moreover, Muslims are permitted to prevent an enemy spy from returning to their own territory. <br /> === Torture of Spies and the Validity of Admission Under Torture ===<br /> Regarding the discussion of torturing spies and the validity of Admissions obtained under torture, the author presents two viewpoints: one permitting and the other prohibiting torture, as well as rejecting the validity of Admissions made under duress. The proponents and their reasoning for each stance are also discussed. <br /> <br /> Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &quot;Views of Shia Jurists&quot; and &quot;Views of Sunni Jurists,&quot; the opinions of some scholars from are presented. <br /> <br /> In the end, the author concludes that torturing someone to force a Admission from them is unlawful. Such an act constitutes a form of domination or authority over another person, and the basic principle is that no one has authority over another, except when justified by a valid reason (such as necessity or public interest).<br /> <br /> <br /> == Espionage and Intelligence for the Benefit of Islam and the Islamic System ==<br /> In this Discourse, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each: <br /> <br /> In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each: <br /> <br /> 1. [[Surah Al-Hujurat, verse 12]]: The conclusion is that the verse addresses spying for the benefit of disbelievers or, at the very least, in matters of individual and social affairs. The verse forbids investigating hidden matters and faults. <br /> <br /> 2. [[Surah An-Nur, verse 19]]: The conclusion is that this verse does not relate to Espionage and Intelligence or have any direct connection to the topic. <br /> <br /> 3. [[Surah Al-Anfal, verse 27]]: <br /> <br /> - The context of the verse is debated:<br /> <br /> 1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.<br /> <br /> 2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.<br /> <br /> 3. The story of Abu Lubaba during the war with Banu Qurayza.<br /> <br /> Based on the first and third explanations, the verse is related to the prohibition of Espionage and Intelligence. However, the second explanation pertains more to the prohibition of spreading and disclosing secrets, which may not be entirely relevant to Espionage and Intelligence.<br /> == Supplementary Discussions ==<br /> ====Juridical or Subject-Specific Exception?====<br /> Is Espionage and Intelligence for the benefit of the Islamic system and national security considered unlawful? If it is not prohibited, is the exception due to a juridical or subject-specific exemption?<br /> <br /> The author, in response to this question, writes that contrary to his earlier view, this type of Espionage and Intelligence falls under a juridical exemption, not a subject-specific one. In fact, this type of Espionage and Intelligence still constitutes a form of prohibited Espionage and Intelligence. In this type of Espionage and Intelligence, expediency merely is not sufficient to lift the prohibition; a stronger expediency must exist because, in cases of conflict, the more important takes precedence (similar to the case of not executing a coerced murderer or exceptions to gossip). Espionage and Intelligence is prohibited, but the preservation of the [Islamic] system is obligatory, and in the presence of conflict and the prioritization of the more significant matter, Espionage and Intelligence is permissible; thus, the exemption here is judicial in nature. However, some instances of Espionage and Intelligence have a subjective exemption; for example, if they do not fall under the category of probing into the faults of others (such as polling public satisfaction regarding the government) or if they do not involve uncovering hidden matters, like when a person openly commits a sin and does not conceal their wrongdoing.<br /> ==== The Use of Spies in the Lives of the Infallibles ====<br /> To prove the appropriateness and necessity of this practice, the author presents eight historical and narrational examples from the lives of the Infallibles. These instances demonstrate either direct involvement in Espionage and Intelligence, or sending of spies or approval of spy operations. Any objections to these texts do not pose a problem, as their abundance has reached the level of certainty, confirming that some of them were indeed sanctioned by the Infallibles. <br /> === Sunni Narrations on Military Affairs during the Prophet’s Time ===<br /> In this Discourse, the author lists fifteen narrations that show how the Prophet (PBUH) used intelligence provided by others about enemy movements during wars and different circumstances, or how he himself ordered Espionage and Intelligence. The author highlights the narration from Ibn Hisham as one of the most significant examples. This narration refers to when the Quraysh abandoned their siege of Medina and retreated toward Mecca. The Prophet (PBUH) instructed Imam Ali (A.S) to spy on them to ensure their intentions. The Prophet told Imam Ali: “If they are riding camels and their horses are loose, they are headed for Mecca. But if they are riding horses and their camels are untied, they intend to return and attack.” This is because the Infallible (the Prophet) orders Espionage and Intelligence, and another Infallible (Imam Ali) is tasked with spying.<br /> <br /> Furthermore, the author believes that the narration from Ibn Sa'd (in the expedition of Usamah ibn Zayd ibn Harithah, the Messenger of God instructed Usamah: “Take guides with you and send out spies ahead of you”) conveys a meaning that goes beyond mere permissibility of Espionage and Intelligence; it indicates its obligation.<br /> ====The Role of Arif and Naqib====<br /> In the fifth Discourse of the book, the author discusses the terms Arif and Naqib, beginning with their linguistic meanings. The word Naqb refers to searching for secrets and hidden information, and a Naqib was someone in charge of a tribe who was knowledgeable about its affairs and of the means to recognize them. The Arif, on the other hand, was a person responsible for the affairs of a group or tribe, aware of their conditions, but of a lower status than the cheif. The author also references a hadith from Imam Ali (A.S.) where Arraf with a particular pronunciation refers to an astronomer or priest. <br /> <br /> The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Espionage and Intelligence. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear Scriptural and Rational Scriptural and Rational Evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Espionage and Intelligence and inquiry is acceptable. <br /> ====Committing Forbidden Acts during Espionage and Intelligence====<br /> In the sixth Discourse of the book, the author raises a key question: “If Espionage and Intelligence requires committing forbidden acts, is it permissible to engage in them?” The author notes that it has been stated that if the only available means is a forbidden act, then engaging in such acts can be justified based on certain Scriptural and Rational Scriptural and Rational Evidence s and texts. He then presents these Scriptural and Rational Scriptural and Rational Evidence s and critiques them.<br /> ==Notes on the Book==<br /> {{column|3}}<br /> # The book is a transcription of Najm al-Din Tabasi’s advanced jurisprudence class (Dars-e-Kharij), penned by one of his students. Perhaps for this reason, various side discussions and unrelated topics are frequently raised throughout the book. In different sections, the author digresses from the main topic into secondary discussions as deemed appropriate. For instance, while narrating a tradition from Tabarsi’s works, the author critiques the last part of the narration that states, &quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: 'Do whatever you wish, for I have forgiven you'&quot; (p. 39). He then brings in Allama Tabatabai’s response to this objection, which takes up about seven pages of the book. Additionally, the author introduces discussions on the narrators (rijal) whenever names of individuals are mentioned, which seems unnecessary. Similarly, when discussing the chain of narrators for one tradition, a biographical discussion is initiated due Nofali being accused of extremism (ghuluw), leading to a lengthy discussion on the Qom scholars’ view on extremism, followed by criticisms of their stance (pp. 88–93).<br /> # The presence of these tangential discussions disrupts the cohesion of the book, leaving the reader with a less structured and consistent narrative. As a result, the flow of the discussion is sometimes lost, and the reader may occasionally feel that the discussion lacks a clear conclusion.<br /> # In many instances, the author could have included topics that are less relevant to the main discussion as footnotes or endnotes instead of integrating them into the main text.<br /> # The author, in discussing the first verse concerning the permissibility of espionage for the benefit of Islam and the Islamic system, argues that the verse on espionage is not general but specifically refers to espionage benefiting the enemy. He interprets &quot;suspicion&quot; in the verse to mean acting on and avoiding backbiting and slander (which do not benefit Muslims), thus restricting the prohibition of espionage to cases that do not benefit Muslims. Therefore, no conflict arises here, as this matter is categorically excluded, and from the outset, espionage for the benefit of Muslims is not included in the type of espionage that the verse addresses; rather, it is specifically excluded and is not prohibited, so no conflict occurs (p. 133). Here, in addition to the reasoning seeming inadequate, the author later states that contrary to our previous opinion, it appears that the exception is a juridical one, not a subjective one. In fact, this type of espionage is one of the instances of prohibited espionage (p. 157).<br /> # In discussing the torture of spies and the validity of confessions obtained under torture, the author refers to two narrations that were related to cases where someone was concealing information; however, it seems that the narrations generally prohibit torture. However, he concludes that narrations prohibiting torture are absolute and, based on this, deduces that torture for extracting confessions from spies is forbidden. <br /> # None of the ten narrations in the section titled &quot;Additional General Narrations on Torture&quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.<br /> # The author could have integrated the discussion on Arif and Naqib under the broader section on narrational evidence regarding espionage. Similarly, the topic of committing forbidden acts during espionage could have been treated as a subsidiary issue within the legal rulings on espionage, rather than being assigned separate chapters or sections.<br /> {{end}}<br /> [[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]<br /> [[category:Books by Najm al-Din Tabasi]]<br /> [[Category:Bibliography Articles]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&diff=2804 2026-05-27T03:47:29Z

<p>Sarfipour: </p> <hr /> <div>{{infobox book<br /> | title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg<br /> | caption = &lt;!-- Add caption for the image --&gt;<br /> | other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī<br /> | main title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | author = Mohammad Javad Asadi<br /> | date of writing = 2021<br /> | subject = Espionage, Counter-espionage, Islamic Jurisprudence<br /> | style = Analytical, Jurisprudential<br /> | language = Persian<br /> | main language = Persian<br /> | editor = &lt;!-- Add editor name if available --&gt;<br /> | textual editing = &lt;!-- Add textual editing details if relevant --&gt;<br /> | with the efforts of = &lt;!-- Add contributors if relevant --&gt;<br /> | collection = &lt;!-- Add collection name if available --&gt;<br /> | illustrator = &lt;!-- Add illustrator name if available --&gt;<br /> | cover designer = &lt;!-- Add cover designer name if available --&gt;<br /> | volumes = 1<br /> | pages = 400<br /> | size = &lt;!-- Specify dimensions if known --&gt;<br /> | translations = &lt;!-- Add translation details if available --&gt;<br /> | publisher = Islamic Research Institute for Culture and Thought<br /> | publication place = Tehran, Iran<br /> | publication date = 2021 (1st Edition)<br /> | printing = 1st Edition<br /> | print run = &lt;!-- Add print run details if available --&gt;<br /> | isbn = &lt;!-- Add ISBN number if available --&gt;<br /> | media type = Print<br /> | publisher website = &lt;!-- Add publisher website URL --&gt;<br /> | english name = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | translator = &lt;!-- Add translator name if available --&gt;<br /> | publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)<br /> | electronic version= &lt;!-- Add link to electronic version if available --&gt;<br /> | other volumes = &lt;!-- Add details of other volumes if available --&gt;<br /> }}<br /> {{Author<br /> |author = Mostafa haghanifazl<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }} <br /> * '''abstract'''<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%A8%D8%A7%D9%86%DB%8C_%D9%81%D9%82%D9%87%DB%8C_%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_%D9%88_%D8%B6%D8%AF%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مبانی فقهی جاسوسی و ضدجاسوسی]) is a summary and compilation of the jurisprudential discussions by Shaykh [[Najm al-Din Tabasi]] at the The Islamic Seminary in Qom. This work was printed and published after being reviewed and Revised by him. In this book, jurisprudential discussions regarding Espionage and Intelligence are presented in five Discourses. The author uses Quranic verses, narrations, and historical texts to present and analyze the different aspects of Espionage and Intelligence. After defining and categorizing various types of Espionage and Intelligence, the author proceeds to detail the ruling (hukm) for each category. Throughout the main discussion, related secondary issues concerning Espionage and Intelligence have also been addressed.<br /> == A Brief Look at the Book ==<br /> The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence, authored by [[Najm al-Din Moravveji Tabasi]], is a scholarly work within the domain of political jurisprudence. It was published in collaboration with Markaz e-Takhasussi e-Aimmah al-Athar (A). This book is a Compilation of Lectures by Shaykh Najm al-Din Tabasi at the The Islamic Seminary in Qom, which has been published after his review and revision. This work aims to study the Juridical Opinions regarding Espionage and Intelligence — which has been categorized into several types in the text — through an examination of relevant narrations and the legal Juridical Opinions of jurists from Shi’i and Sunni Schools (Shia and Sunni), along with issues related to it. These issues include matters such as committing Prohibited Acts for the purpose of Espionage and Intelligence, the status of agreements and Safe Conduct to spies, torturing spies, extracting Admissions from them, and interpreting the legitimacy of Espionage and Intelligence based on narrations concerning the appointment of an Arif (a recognized leader or expert in a community) and Naqib (a representative or head of a tribe).<br /> === About the Author ===<br /> Najm al-Din Maruji Tabasi (born 1334 SH ) is a Senior Professor of Advanced Seminar in Islamic jurisprudence at the The Islamic Seminary of Qom. He has authored over 27 works, some of which adopt a Juridical-Legalistic Approach. His notable works include:<br /> <br /> - Al-Dirasat al-Fiqhiyya fi Masa'il Khilafiyya (Jurisprudential Studies on Controversial Issues)<br /> <br /> - Al-Zawaj al-Muwaqqat 'inda al-Sahaba wa al-Tabi'in (Temporary Marriage Among the Companions and Successors)<br /> <br /> - Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid'a (Excommunication Between Tradition and Innovation)<br /> <br /> - Tab’id dar Islam (Exile in Islam)<br /> - Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)<br /> <br /> - Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Juridical Opinions)<br /> <br /> <br /> == Structure of the Book ==<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence is organized into five Discourses (maqām), with each Discourse further divided into chapters, depending on the depth of the discussion, and presenting various topics.<br /> <br /> First Discourse: The Meaning of Espionage and Intelligence <br /> <br /> In this Discourse, the linguistic and terminological meanings of Espionage and Intelligence are examined.<br /> <br /> Second Discourse: Types of Espionage and Intelligence and Spies<br /> Here, the author categorizes Espionage and Intelligence into five types and classifies spies into two categories.<br /> <br /> Third Discourse: The Ruling on Espionage and Intelligence<br /> <br /> This Discourse is presented in two chapters:<br /> <br /> 1. Espionage and Intelligence benefiting Inimical Powers (kufr) and in its interests.<br /> <br /> 2. Espionage and Intelligence benefiting Islam and the The Islamic Polity.<br /> <br /> The first chapter includes three discussions:<br /> <br /> a) The ruling on a Muslim spy according to the fatwas of Shia jurists.<br /> <br /> b) The perspectives of Sunni jurists.<br /> <br /> c) The jurisprudential Scriptural and Rational Scriptural and Rational Evidence for the ruling.<br /> <br /> Fourth Discourse: On Arif and Naqib<br /> <br /> Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Espionage and Intelligence?<br /> <br /> Fifth Discourse: Committing Prohibited Acts During Espionage and Intelligence<br /> <br /> Is it permissible to commit Prohibited Acts in the process of Espionage and Intelligence?<br /> <br /> <br /> <br /> == Meaning and Types of Espionage and Intelligence ==<br /> In the first Discourse, the author discusses the linguistic meaning of Tajassus ( Espionage and Intelligence) using various Lexicographical Authorities. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.<br /> <br /> In the second Discourse, Espionage and Intelligence is classified based on its benefit or lack thereof:<br /> <br /> 1. Investigating personal affairs without any rational motivation (i.e., Purposeless Interference).<br /> <br /> 2. Espionage and Intelligence driven by corrupt intentions.<br /> <br /> 3. Espionage and Intelligence with a rational and legitimate purpose.<br /> <br /> The third category is further divided into:<br /> <br /> a) Espionage and Intelligence for a necessary purpose, such as preserving the The Islamic Polity.<br /> <br /> b) Espionage and Intelligence for a Recommended purpose, such as identifying qualified individuals.<br /> <br /> Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): <br /> <br /> 1. Spies working in favor of the enemies of Islam. <br /> <br /> 2. Spies working in favor of the Islamic state.<br /> <br /> <br /> ==Espionage and Intelligence Benefiting Inimical Powers (Kufr)==<br /> === The Ruling on a Muslim Spy ===<br /> In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. <br /> <br /> 1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to Capital Punishment. However, some contemporary scholars have ruled for the death penalty in cases where Espionage and Intelligence is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).<br /> <br /> 2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, Capital Punishment, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.<br /> <br /> 3. Jurisprudential Scriptural and Rational Scriptural and Rational Evidence : The author presents five pieces of Scriptural and Rational Scriptural and Rational Evidence :<br /> <br /> - Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam). <br /> <br /> - A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the Capital Punishment of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.<br /> <br /> - A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Espionage and Intelligence.<br /> In the first three Scriptural and Rational Scriptural and Rational Evidence s, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable Scriptural and Rational Scriptural and Rational Evidence to justify the Capital Punishment of a Muslim spy. Based on the principle of precaution and available Scriptural and Rational Scriptural and Rational Evidence , he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).<br /> <br /> Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Espionage and Intelligence, and another where the person converted to Islam after committing Espionage and Intelligence. In both cases, he finds the narration insufficient to justify Capital Punishment.<br /> <br /> As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Espionage and Intelligence, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Juridical Opinions of Shia jurists.<br /> === Ruling on a Non-Muslim Spy ===<br /> There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the Capital Punishment of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal Juridical Opinions, and they are included in the book mainly to provide a comprehensive discussion.<br /> <br /> The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is Capital Punishment. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a Admission.<br /> ==== The Dhimmi Spy and the Musta'min Spy ====<br /> In the context of non-Muslim spies, the author explores two jurisprudential branches: <br /> <br /> a) Does Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: <br /> <br /> 1. Espionage and Intelligence immediately breaks the The Dhimmah Pact, turning the Dhimmi into an enemy (Harbi), who is no longer protected. <br /> <br /> 2. It depends on the terms of the Dhimmah agreement. If refraining from Espionage and Intelligence is one of the conditions, then their blood is forfeit. However, the conditions of the Dhimmah contract are not fixed, meaning that the ruler, based on his discretion, can add or remove certain conditions.<br /> <br /> The author also refers to various Sunni opinions, including Capital Punishment or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: &quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the Capital Punishment of spies.&quot;<br /> <br /> b) The Ruling on a Mu'ahid or Musta'min Spy<br /> <br /> The ruling on a spy who is a treaty-holder (Mu'ahid) or a person under temporary protection (Musta'min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: <br /> <br /> In this Discourse, the author presents the views of Shia scholars, who state that if the Imam finds that the spy has committed an offense punishable by hudud (legal punishment) or ta'zir (discretionary punishment), the appropriate punishment is carried out. However, if no legal claim is established against the spy, they are sent back to their homeland. Moreover, Muslims are permitted to prevent an enemy spy from returning to their own territory. <br /> === Torture of Spies and the Validity of Admission Under Torture ===<br /> Regarding the discussion of torturing spies and the validity of Admissions obtained under torture, the author presents two viewpoints: one permitting and the other prohibiting torture, as well as rejecting the validity of Admissions made under duress. The proponents and their reasoning for each stance are also discussed. <br /> <br /> Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &quot;Views of Shia Jurists&quot; and &quot;Views of Sunni Jurists,&quot; the opinions of some scholars from are presented. <br /> <br /> In the end, the author concludes that torturing someone to force a Admission from them is unlawful. Such an act constitutes a form of domination or authority over another person, and the basic principle is that no one has authority over another, except when justified by a valid reason (such as necessity or public interest).<br /> <br /> <br /> == Espionage and Intelligence for the Benefit of Islam and the Islamic System ==<br /> In this Discourse, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each: <br /> <br /> In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each: <br /> <br /> 1. [[Surah Al-Hujurat, verse 12]]: The conclusion is that the verse addresses spying for the benefit of disbelievers or, at the very least, in matters of individual and social affairs. The verse forbids investigating hidden matters and faults. <br /> <br /> 2. [[Surah An-Nur, verse 19]]: The conclusion is that this verse does not relate to Espionage and Intelligence or have any direct connection to the topic. <br /> <br /> 3. [[Surah Al-Anfal, verse 27]]: <br /> <br /> - The context of the verse is debated:<br /> <br /> 1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.<br /> <br /> 2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.<br /> <br /> 3. The story of Abu Lubaba during the war with Banu Qurayza.<br /> <br /> Based on the first and third explanations, the verse is related to the prohibition of Espionage and Intelligence. However, the second explanation pertains more to the prohibition of spreading and disclosing secrets, which may not be entirely relevant to Espionage and Intelligence.<br /> == Supplementary Discussions ==<br /> ====Juridical or Subject-Specific Exception?====<br /> Is Espionage and Intelligence for the benefit of the Islamic system and national security considered unlawful? If it is not prohibited, is the exception due to a juridical or subject-specific exemption?<br /> <br /> The author, in response to this question, writes that contrary to his earlier view, this type of Espionage and Intelligence falls under a juridical exemption, not a subject-specific one. In fact, this type of Espionage and Intelligence still constitutes a form of prohibited Espionage and Intelligence. In this type of Espionage and Intelligence, expediency merely is not sufficient to lift the prohibition; a stronger expediency must exist because, in cases of conflict, the more important takes precedence (similar to the case of not executing a coerced murderer or exceptions to gossip). Espionage and Intelligence is prohibited, but the preservation of the [Islamic] system is obligatory, and in the presence of conflict and the prioritization of the more significant matter, Espionage and Intelligence is permissible; thus, the exemption here is judicial in nature. However, some instances of Espionage and Intelligence have a subjective exemption; for example, if they do not fall under the category of probing into the faults of others (such as polling public satisfaction regarding the government) or if they do not involve uncovering hidden matters, like when a person openly commits a sin and does not conceal their wrongdoing.<br /> ==== The Use of Spies in the Lives of the Infallibles ====<br /> To prove the appropriateness and necessity of this practice, the author presents eight historical and narrational examples from the lives of the Infallibles. These instances demonstrate either direct involvement in Espionage and Intelligence, or sending of spies or approval of spy operations. Any objections to these texts do not pose a problem, as their abundance has reached the level of certainty, confirming that some of them were indeed sanctioned by the Infallibles. <br /> === Sunni Narrations on Military Affairs during the Prophet’s Time ===<br /> In this Discourse, the author lists fifteen narrations that show how the Prophet (PBUH) used intelligence provided by others about enemy movements during wars and different circumstances, or how he himself ordered Espionage and Intelligence. The author highlights the narration from Ibn Hisham as one of the most significant examples. This narration refers to when the Quraysh abandoned their siege of Medina and retreated toward Mecca. The Prophet (PBUH) instructed Imam Ali (A.S) to spy on them to ensure their intentions. The Prophet told Imam Ali: “If they are riding camels and their horses are loose, they are headed for Mecca. But if they are riding horses and their camels are untied, they intend to return and attack.” This is because the Infallible (the Prophet) orders Espionage and Intelligence, and another Infallible (Imam Ali) is tasked with spying.<br /> <br /> Furthermore, the author believes that the narration from Ibn Sa'd (in the expedition of Usamah ibn Zayd ibn Harithah, the Messenger of God instructed Usamah: “Take guides with you and send out spies ahead of you”) conveys a meaning that goes beyond mere permissibility of Espionage and Intelligence; it indicates its obligation.<br /> ====The Role of Arif and Naqib====<br /> In the fifth Discourse of the book, the author discusses the terms Arif and Naqib, beginning with their linguistic meanings. The word Naqb refers to searching for secrets and hidden information, and a Naqib was someone in charge of a tribe who was knowledgeable about its affairs and of the means to recognize them. The Arif, on the other hand, was a person responsible for the affairs of a group or tribe, aware of their conditions, but of a lower status than the cheif. The author also references a hadith from Imam Ali (A.S.) where Arraf with a particular pronunciation refers to an astronomer or priest. <br /> <br /> The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Espionage and Intelligence. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear Scriptural and Rational Scriptural and Rational Evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Espionage and Intelligence and inquiry is acceptable. <br /> ====Committing Forbidden Acts during Espionage and Intelligence====<br /> In the sixth Discourse of the book, the author raises a key question: “If Espionage and Intelligence requires committing forbidden acts, is it permissible to engage in them?” The author notes that it has been stated that if the only available means is a forbidden act, then engaging in such acts can be justified based on certain Scriptural and Rational Scriptural and Rational Evidence s and texts. He then presents these Scriptural and Rational Scriptural and Rational Evidence s and critiques them.<br /> ==Notes on the Book==<br /> {{column|3}}<br /> # The book is a transcription of Najm al-Din Tabasi’s advanced jurisprudence class (Dars-e-Kharij), penned by one of his students. Perhaps for this reason, various side discussions and unrelated topics are frequently raised throughout the book. In different sections, the author digresses from the main topic into secondary discussions as deemed appropriate. For instance, while narrating a tradition from Tabarsi’s works, the author critiques the last part of the narration that states, &quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: 'Do whatever you wish, for I have forgiven you'&quot; (p. 39). He then brings in Allama Tabatabai’s response to this objection, which takes up about seven pages of the book. Additionally, the author introduces discussions on the narrators (rijal) whenever names of individuals are mentioned, which seems unnecessary. Similarly, when discussing the chain of narrators for one tradition, a biographical discussion is initiated due Nofali being accused of extremism (ghuluw), leading to a lengthy discussion on the Qom scholars’ view on extremism, followed by criticisms of their stance (pp. 88–93).<br /> # The presence of these tangential discussions disrupts the cohesion of the book, leaving the reader with a less structured and consistent narrative. As a result, the flow of the discussion is sometimes lost, and the reader may occasionally feel that the discussion lacks a clear conclusion.<br /> # In many instances, the author could have included topics that are less relevant to the main discussion as footnotes or endnotes instead of integrating them into the main text.<br /> # The author, in discussing the first verse concerning the permissibility of espionage for the benefit of Islam and the Islamic system, argues that the verse on espionage is not general but specifically refers to espionage benefiting the enemy. He interprets &quot;suspicion&quot; in the verse to mean acting on and avoiding backbiting and slander (which do not benefit Muslims), thus restricting the prohibition of espionage to cases that do not benefit Muslims. Therefore, no conflict arises here, as this matter is categorically excluded, and from the outset, espionage for the benefit of Muslims is not included in the type of espionage that the verse addresses; rather, it is specifically excluded and is not prohibited, so no conflict occurs (p. 133). Here, in addition to the reasoning seeming inadequate, the author later states that contrary to our previous opinion, it appears that the exception is a juridical one, not a subjective one. In fact, this type of espionage is one of the instances of prohibited espionage (p. 157).<br /> # In discussing the torture of spies and the validity of confessions obtained under torture, the author refers to two narrations that were related to cases where someone was concealing information; however, it seems that the narrations generally prohibit torture. However, he concludes that narrations prohibiting torture are absolute and, based on this, deduces that torture for extracting confessions from spies is forbidden. <br /> # None of the ten narrations in the section titled &quot;Additional General Narrations on Torture&quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.<br /> # The author could have integrated the discussion on Arif and Naqib under the broader section on narrational evidence regarding espionage. Similarly, the topic of committing forbidden acts during espionage could have been treated as a subsidiary issue within the legal rulings on espionage, rather than being assigned separate chapters or sections.<br /> {{end}}<br /> [[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]<br /> [[category:Books by Najm al-Din Tabasi]]<br /> [[Category:Bibliography Articles]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&diff=2803 2026-05-27T03:27:35Z

<p>Sarfipour: /* Espionage and Intelligence Benefiting Inimical Powers (Kufr) */</p> <hr /> <div>{{infobox book<br /> | title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg<br /> | caption = &lt;!-- Add caption for the image --&gt;<br /> | other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī<br /> | main title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | author = Mohammad Javad Asadi<br /> | date of writing = 2021<br /> | subject = Espionage, Counter-espionage, Islamic Jurisprudence<br /> | style = Analytical, Jurisprudential<br /> | language = Persian<br /> | main language = Persian<br /> | editor = &lt;!-- Add editor name if available --&gt;<br /> | textual editing = &lt;!-- Add textual editing details if relevant --&gt;<br /> | with the efforts of = &lt;!-- Add contributors if relevant --&gt;<br /> | collection = &lt;!-- Add collection name if available --&gt;<br /> | illustrator = &lt;!-- Add illustrator name if available --&gt;<br /> | cover designer = &lt;!-- Add cover designer name if available --&gt;<br /> | volumes = 1<br /> | pages = 400<br /> | size = &lt;!-- Specify dimensions if known --&gt;<br /> | translations = &lt;!-- Add translation details if available --&gt;<br /> | publisher = Islamic Research Institute for Culture and Thought<br /> | publication place = Tehran, Iran<br /> | publication date = 2021 (1st Edition)<br /> | printing = 1st Edition<br /> | print run = &lt;!-- Add print run details if available --&gt;<br /> | isbn = &lt;!-- Add ISBN number if available --&gt;<br /> | media type = Print<br /> | publisher website = &lt;!-- Add publisher website URL --&gt;<br /> | english name = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | translator = &lt;!-- Add translator name if available --&gt;<br /> | publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)<br /> | electronic version= &lt;!-- Add link to electronic version if available --&gt;<br /> | other volumes = &lt;!-- Add details of other volumes if available --&gt;<br /> }}<br /> {{Author<br /> |author = Mostafa haghanifazl<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }} <br /> * '''abstract'''<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%A8%D8%A7%D9%86%DB%8C_%D9%81%D9%82%D9%87%DB%8C_%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_%D9%88_%D8%B6%D8%AF%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مبانی فقهی جاسوسی و ضدجاسوسی]) is a summary and compilation of the jurisprudential discussions by Shaykh [[Najm al-Din Tabasi]] at the The Islamic Seminary in Qom. This work was printed and published after being reviewed and Revised by him. In this book, jurisprudential discussions regarding Espionage and Intelligence are presented in five Discourses. The author uses Quranic verses, narrations, and historical texts to present and analyze the different aspects of Espionage and Intelligence. After defining and categorizing various types of Espionage and Intelligence, the author proceeds to detail the ruling (hukm) for each category. Throughout the main discussion, related secondary issues concerning Espionage and Intelligence have also been addressed.<br /> == A Brief Look at the Book ==<br /> The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence, authored by [[Najm al-Din Moravveji Tabasi]], is a scholarly work within the domain of political jurisprudence. It was published in collaboration with Markaz e-Takhasussi e-Aimmah al-Athar (A). This book is a Compilation of Lectures by Shaykh Najm al-Din Tabasi at the The Islamic Seminary in Qom, which has been published after his review and revision. This work aims to study the Juridical Opinions regarding Espionage and Intelligence — which has been categorized into several types in the text — through an examination of relevant narrations and the legal Juridical Opinions of jurists from Shi’i and Sunni Schools (Shia and Sunni), along with issues related to it. These issues include matters such as committing Prohibited Acts for the purpose of Espionage and Intelligence, the status of agreements and Safe Conduct to spies, torturing spies, extracting Admissions from them, and interpreting the legitimacy of Espionage and Intelligence based on narrations concerning the appointment of an Arif (a recognized leader or expert in a community) and Naqib (a representative or head of a tribe).<br /> === About the Author ===<br /> Najm al-Din Maruji Tabasi (born 1334 SH ) is a Senior Professor of Advanced Seminar in Islamic jurisprudence at the The Islamic Seminary of Qom. He has authored over 27 works, some of which adopt a Juridical-Legalistic Approach. His notable works include:<br /> <br /> - Al-Dirasat al-Fiqhiyya fi Masa'il Khilafiyya (Jurisprudential Studies on Controversial Issues)<br /> <br /> - Al-Zawaj al-Muwaqqat 'inda al-Sahaba wa al-Tabi'in (Temporary Marriage Among the Companions and Successors)<br /> <br /> - Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid'a (Excommunication Between Tradition and Innovation)<br /> <br /> - Tab’id dar Islam (Exile in Islam)<br /> - Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)<br /> <br /> - Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Juridical Opinions)<br /> <br /> <br /> == Structure of the Book ==<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence is organized into five Discourses (maqām), with each Discourse further divided into chapters, depending on the depth of the discussion, and presenting various topics.<br /> <br /> First Discourse: The Meaning of Espionage and Intelligence <br /> <br /> In this Discourse, the linguistic and terminological meanings of Espionage and Intelligence are examined.<br /> <br /> Second Discourse: Types of Espionage and Intelligence and Spies<br /> Here, the author categorizes Espionage and Intelligence into five types and classifies spies into two categories.<br /> <br /> Third Discourse: The Ruling on Espionage and Intelligence<br /> <br /> This Discourse is presented in two chapters:<br /> <br /> 1. Espionage and Intelligence benefiting Inimical Powers (kufr) and in its interests.<br /> <br /> 2. Espionage and Intelligence benefiting Islam and the The Islamic Polity.<br /> <br /> The first chapter includes three discussions:<br /> <br /> a) The ruling on a Muslim spy according to the fatwas of Shia jurists.<br /> <br /> b) The perspectives of Sunni jurists.<br /> <br /> c) The jurisprudential Scriptural and Rational Scriptural and Rational Evidence for the ruling.<br /> <br /> Fourth Discourse: On Arif and Naqib<br /> <br /> Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Espionage and Intelligence?<br /> <br /> Fifth Discourse: Committing Prohibited Acts During Espionage and Intelligence<br /> <br /> Is it permissible to commit Prohibited Acts in the process of Espionage and Intelligence?<br /> <br /> <br /> <br /> == Meaning and Types of Espionage and Intelligence ==<br /> In the first Discourse, the author discusses the linguistic meaning of Tajassus ( Espionage and Intelligence) using various Lexicographical Authorities. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.<br /> <br /> In the second Discourse, Espionage and Intelligence is classified based on its benefit or lack thereof:<br /> <br /> 1. Investigating personal affairs without any rational motivation (i.e., Purposeless Interference).<br /> <br /> 2. Espionage and Intelligence driven by corrupt intentions.<br /> <br /> 3. Espionage and Intelligence with a rational and legitimate purpose.<br /> <br /> The third category is further divided into:<br /> <br /> a) Espionage and Intelligence for a necessary purpose, such as preserving the The Islamic Polity.<br /> <br /> b) Espionage and Intelligence for a Recommended purpose, such as identifying qualified individuals.<br /> <br /> Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): <br /> <br /> 1. Spies working in favor of the enemies of Islam. <br /> <br /> 2. Spies working in favor of the Islamic state.<br /> <br /> <br /> ==Espionage and Intelligence Benefiting Inimical Powers (Kufr)==<br /> === The Ruling on a Muslim Spy ===<br /> In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. <br /> <br /> 1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to Capital Punishment. However, some contemporary scholars have ruled for the death penalty in cases where Espionage and Intelligence is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).<br /> <br /> 2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, Capital Punishment, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.<br /> <br /> 3. Jurisprudential Scriptural and Rational Scriptural and Rational Evidence : The author presents five pieces of Scriptural and Rational Scriptural and Rational Evidence :<br /> <br /> - Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam). <br /> <br /> - A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the Capital Punishment of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.<br /> <br /> - A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Espionage and Intelligence.<br /> In the first three Scriptural and Rational Scriptural and Rational Evidence s, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable Scriptural and Rational Scriptural and Rational Evidence to justify the Capital Punishment of a Muslim spy. Based on the principle of precaution and available Scriptural and Rational Scriptural and Rational Evidence , he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).<br /> <br /> Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Espionage and Intelligence, and another where the person converted to Islam after committing Espionage and Intelligence. In both cases, he finds the narration insufficient to justify Capital Punishment.<br /> <br /> As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Espionage and Intelligence, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Juridical Opinions of Shia jurists.<br /> === Ruling on a Non-Muslim Spy ===<br /> There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the Capital Punishment of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal Juridical Opinions, and they are included in the book mainly to provide a comprehensive discussion.<br /> <br /> The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is Capital Punishment. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a Admission.<br /> ==== The Dhimmi Spy and the Musta'min Spy ====<br /> In the context of non-Muslim spies, the author explores two jurisprudential branches: <br /> <br /> a) Does Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: <br /> <br /> 1. Espionage and Intelligence immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected. <br /> <br /> 2. It depends on the terms of the Dhimmah agreement. If refraining from Espionage and Intelligence is one of the conditions, then their blood is forfeit. However, the conditions of the Dhimmah contract are not fixed, meaning that the ruler, based on his discretion, can add or remove certain conditions.<br /> <br /> The author also refers to various Sunni opinions, including Capital Punishment or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: &quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the Capital Punishment of spies.&quot;<br /> <br /> b) The Ruling on a Mu'ahid or Musta'min Spy<br /> <br /> The ruling on a spy who is a treaty-holder (Mu'ahid) or a person under temporary protection (Musta'min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: <br /> <br /> In this Discourse, the author presents the views of Shia scholars, who state that if the Imam finds that the spy has committed an offense punishable by hudud (legal punishment) or ta'zir (discretionary punishment), the appropriate punishment is carried out. However, if no legal claim is established against the spy, they are sent back to their homeland. Moreover, Muslims are permitted to prevent an enemy spy from returning to their own territory. <br /> === Torture of Spies and the Validity of Admission Under Torture ===<br /> Regarding the discussion of torturing spies and the validity of Admissions obtained under torture, the author presents two viewpoints: one permitting and the other prohibiting torture, as well as rejecting the validity of Admissions made under duress. The proponents and their reasoning for each stance are also discussed. <br /> <br /> Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &quot;Views of Shia Jurists&quot; and &quot;Views of Sunni Jurists,&quot; the opinions of some scholars from are presented. <br /> <br /> In the end, the author concludes that torturing someone to force a Admission from them is unlawful. Such an act constitutes a form of domination or authority over another person, and the basic principle is that no one has authority over another, except when justified by a valid reason (such as necessity or public interest).<br /> <br /> <br /> == Espionage and Intelligence for the Benefit of Islam and the Islamic System ==<br /> In this Discourse, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each: <br /> <br /> In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each: <br /> <br /> 1. [[Surah Al-Hujurat, verse 12]]: The conclusion is that the verse addresses spying for the benefit of disbelievers or, at the very least, in matters of individual and social affairs. The verse forbids investigating hidden matters and faults. <br /> <br /> 2. [[Surah An-Nur, verse 19]]: The conclusion is that this verse does not relate to Espionage and Intelligence or have any direct connection to the topic. <br /> <br /> 3. [[Surah Al-Anfal, verse 27]]: <br /> <br /> - The context of the verse is debated:<br /> <br /> 1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.<br /> <br /> 2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.<br /> <br /> 3. The story of Abu Lubaba during the war with Banu Qurayza.<br /> <br /> Based on the first and third explanations, the verse is related to the prohibition of Espionage and Intelligence. However, the second explanation pertains more to the prohibition of spreading and disclosing secrets, which may not be entirely relevant to Espionage and Intelligence.<br /> == Supplementary Discussions ==<br /> ====Juridical or Subject-Specific Exception?====<br /> Is Espionage and Intelligence for the benefit of the Islamic system and national security considered unlawful? If it is not prohibited, is the exception due to a juridical or subject-specific exemption?<br /> <br /> The author, in response to this question, writes that contrary to his earlier view, this type of Espionage and Intelligence falls under a juridical exemption, not a subject-specific one. In fact, this type of Espionage and Intelligence still constitutes a form of prohibited Espionage and Intelligence. In this type of Espionage and Intelligence, expediency merely is not sufficient to lift the prohibition; a stronger expediency must exist because, in cases of conflict, the more important takes precedence (similar to the case of not executing a coerced murderer or exceptions to gossip). Espionage and Intelligence is prohibited, but the preservation of the [Islamic] system is obligatory, and in the presence of conflict and the prioritization of the more significant matter, Espionage and Intelligence is permissible; thus, the exemption here is judicial in nature. However, some instances of Espionage and Intelligence have a subjective exemption; for example, if they do not fall under the category of probing into the faults of others (such as polling public satisfaction regarding the government) or if they do not involve uncovering hidden matters, like when a person openly commits a sin and does not conceal their wrongdoing.<br /> ==== The Use of Spies in the Lives of the Infallibles ====<br /> To prove the appropriateness and necessity of this practice, the author presents eight historical and narrational examples from the lives of the Infallibles. These instances demonstrate either direct involvement in Espionage and Intelligence, or sending of spies or approval of spy operations. Any objections to these texts do not pose a problem, as their abundance has reached the level of certainty, confirming that some of them were indeed sanctioned by the Infallibles. <br /> === Sunni Narrations on Military Affairs during the Prophet’s Time ===<br /> In this Discourse, the author lists fifteen narrations that show how the Prophet (PBUH) used intelligence provided by others about enemy movements during wars and different circumstances, or how he himself ordered Espionage and Intelligence. The author highlights the narration from Ibn Hisham as one of the most significant examples. This narration refers to when the Quraysh abandoned their siege of Medina and retreated toward Mecca. The Prophet (PBUH) instructed Imam Ali (A.S) to spy on them to ensure their intentions. The Prophet told Imam Ali: “If they are riding camels and their horses are loose, they are headed for Mecca. But if they are riding horses and their camels are untied, they intend to return and attack.” This is because the Infallible (the Prophet) orders Espionage and Intelligence, and another Infallible (Imam Ali) is tasked with spying.<br /> <br /> Furthermore, the author believes that the narration from Ibn Sa'd (in the expedition of Usamah ibn Zayd ibn Harithah, the Messenger of God instructed Usamah: “Take guides with you and send out spies ahead of you”) conveys a meaning that goes beyond mere permissibility of Espionage and Intelligence; it indicates its obligation.<br /> ====The Role of Arif and Naqib====<br /> In the fifth Discourse of the book, the author discusses the terms Arif and Naqib, beginning with their linguistic meanings. The word Naqb refers to searching for secrets and hidden information, and a Naqib was someone in charge of a tribe who was knowledgeable about its affairs and of the means to recognize them. The Arif, on the other hand, was a person responsible for the affairs of a group or tribe, aware of their conditions, but of a lower status than the cheif. The author also references a hadith from Imam Ali (A.S.) where Arraf with a particular pronunciation refers to an astronomer or priest. <br /> <br /> The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Espionage and Intelligence. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear Scriptural and Rational Scriptural and Rational Evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Espionage and Intelligence and inquiry is acceptable. <br /> ====Committing Forbidden Acts during Espionage and Intelligence====<br /> In the sixth Discourse of the book, the author raises a key question: “If Espionage and Intelligence requires committing forbidden acts, is it permissible to engage in them?” The author notes that it has been stated that if the only available means is a forbidden act, then engaging in such acts can be justified based on certain Scriptural and Rational Scriptural and Rational Evidence s and texts. He then presents these Scriptural and Rational Scriptural and Rational Evidence s and critiques them.<br /> ==Notes on the Book==<br /> {{column|3}}<br /> # The book is a transcription of Najm al-Din Tabasi’s advanced jurisprudence class (Dars-e-Kharij), penned by one of his students. Perhaps for this reason, various side discussions and unrelated topics are frequently raised throughout the book. In different sections, the author digresses from the main topic into secondary discussions as deemed appropriate. For instance, while narrating a tradition from Tabarsi’s works, the author critiques the last part of the narration that states, &quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: 'Do whatever you wish, for I have forgiven you'&quot; (p. 39). He then brings in Allama Tabatabai’s response to this objection, which takes up about seven pages of the book. Additionally, the author introduces discussions on the narrators (rijal) whenever names of individuals are mentioned, which seems unnecessary. Similarly, when discussing the chain of narrators for one tradition, a biographical discussion is initiated due Nofali being accused of extremism (ghuluw), leading to a lengthy discussion on the Qom scholars’ view on extremism, followed by criticisms of their stance (pp. 88–93).<br /> # The presence of these tangential discussions disrupts the cohesion of the book, leaving the reader with a less structured and consistent narrative. As a result, the flow of the discussion is sometimes lost, and the reader may occasionally feel that the discussion lacks a clear conclusion.<br /> # In many instances, the author could have included topics that are less relevant to the main discussion as footnotes or endnotes instead of integrating them into the main text.<br /> # The author, in discussing the first verse concerning the permissibility of espionage for the benefit of Islam and the Islamic system, argues that the verse on espionage is not general but specifically refers to espionage benefiting the enemy. He interprets &quot;suspicion&quot; in the verse to mean acting on and avoiding backbiting and slander (which do not benefit Muslims), thus restricting the prohibition of espionage to cases that do not benefit Muslims. Therefore, no conflict arises here, as this matter is categorically excluded, and from the outset, espionage for the benefit of Muslims is not included in the type of espionage that the verse addresses; rather, it is specifically excluded and is not prohibited, so no conflict occurs (p. 133). Here, in addition to the reasoning seeming inadequate, the author later states that contrary to our previous opinion, it appears that the exception is a juridical one, not a subjective one. In fact, this type of espionage is one of the instances of prohibited espionage (p. 157).<br /> # In discussing the torture of spies and the validity of confessions obtained under torture, the author refers to two narrations that were related to cases where someone was concealing information; however, it seems that the narrations generally prohibit torture. However, he concludes that narrations prohibiting torture are absolute and, based on this, deduces that torture for extracting confessions from spies is forbidden. <br /> # None of the ten narrations in the section titled &quot;Additional General Narrations on Torture&quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.<br /> # The author could have integrated the discussion on Arif and Naqib under the broader section on narrational evidence regarding espionage. Similarly, the topic of committing forbidden acts during espionage could have been treated as a subsidiary issue within the legal rulings on espionage, rather than being assigned separate chapters or sections.<br /> {{end}}<br /> [[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]<br /> [[category:Books by Najm al-Din Tabasi]]<br /> [[Category:Bibliography Articles]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&diff=2802 2026-05-27T03:04:30Z

<p>Sarfipour: /* A Brief Look at the Book */</p> <hr /> <div>{{infobox book<br /> | title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg<br /> | caption = &lt;!-- Add caption for the image --&gt;<br /> | other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī<br /> | main title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | author = Mohammad Javad Asadi<br /> | date of writing = 2021<br /> | subject = Espionage, Counter-espionage, Islamic Jurisprudence<br /> | style = Analytical, Jurisprudential<br /> | language = Persian<br /> | main language = Persian<br /> | editor = &lt;!-- Add editor name if available --&gt;<br /> | textual editing = &lt;!-- Add textual editing details if relevant --&gt;<br /> | with the efforts of = &lt;!-- Add contributors if relevant --&gt;<br /> | collection = &lt;!-- Add collection name if available --&gt;<br /> | illustrator = &lt;!-- Add illustrator name if available --&gt;<br /> | cover designer = &lt;!-- Add cover designer name if available --&gt;<br /> | volumes = 1<br /> | pages = 400<br /> | size = &lt;!-- Specify dimensions if known --&gt;<br /> | translations = &lt;!-- Add translation details if available --&gt;<br /> | publisher = Islamic Research Institute for Culture and Thought<br /> | publication place = Tehran, Iran<br /> | publication date = 2021 (1st Edition)<br /> | printing = 1st Edition<br /> | print run = &lt;!-- Add print run details if available --&gt;<br /> | isbn = &lt;!-- Add ISBN number if available --&gt;<br /> | media type = Print<br /> | publisher website = &lt;!-- Add publisher website URL --&gt;<br /> | english name = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | translator = &lt;!-- Add translator name if available --&gt;<br /> | publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)<br /> | electronic version= &lt;!-- Add link to electronic version if available --&gt;<br /> | other volumes = &lt;!-- Add details of other volumes if available --&gt;<br /> }}<br /> {{Author<br /> |author = Mostafa haghanifazl<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }} <br /> * '''abstract'''<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%A8%D8%A7%D9%86%DB%8C_%D9%81%D9%82%D9%87%DB%8C_%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_%D9%88_%D8%B6%D8%AF%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مبانی فقهی جاسوسی و ضدجاسوسی]) is a summary and compilation of the jurisprudential discussions by Shaykh [[Najm al-Din Tabasi]] at the The Islamic Seminary in Qom. This work was printed and published after being reviewed and Revised by him. In this book, jurisprudential discussions regarding Espionage and Intelligence are presented in five Discourses. The author uses Quranic verses, narrations, and historical texts to present and analyze the different aspects of Espionage and Intelligence. After defining and categorizing various types of Espionage and Intelligence, the author proceeds to detail the ruling (hukm) for each category. Throughout the main discussion, related secondary issues concerning Espionage and Intelligence have also been addressed.<br /> == A Brief Look at the Book ==<br /> The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence, authored by [[Najm al-Din Moravveji Tabasi]], is a scholarly work within the domain of political jurisprudence. It was published in collaboration with Markaz e-Takhasussi e-Aimmah al-Athar (A). This book is a Compilation of Lectures by Shaykh Najm al-Din Tabasi at the The Islamic Seminary in Qom, which has been published after his review and revision. This work aims to study the Juridical Opinions regarding Espionage and Intelligence — which has been categorized into several types in the text — through an examination of relevant narrations and the legal Juridical Opinions of jurists from Shi’i and Sunni Schools (Shia and Sunni), along with issues related to it. These issues include matters such as committing Prohibited Acts for the purpose of Espionage and Intelligence, the status of agreements and Safe Conduct to spies, torturing spies, extracting Admissions from them, and interpreting the legitimacy of Espionage and Intelligence based on narrations concerning the appointment of an Arif (a recognized leader or expert in a community) and Naqib (a representative or head of a tribe).<br /> === About the Author ===<br /> Najm al-Din Maruji Tabasi (born 1334 SH ) is a Senior Professor of Advanced Seminar in Islamic jurisprudence at the The Islamic Seminary of Qom. He has authored over 27 works, some of which adopt a Juridical-Legalistic Approach. His notable works include:<br /> <br /> - Al-Dirasat al-Fiqhiyya fi Masa'il Khilafiyya (Jurisprudential Studies on Controversial Issues)<br /> <br /> - Al-Zawaj al-Muwaqqat 'inda al-Sahaba wa al-Tabi'in (Temporary Marriage Among the Companions and Successors)<br /> <br /> - Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid'a (Excommunication Between Tradition and Innovation)<br /> <br /> - Tab’id dar Islam (Exile in Islam)<br /> - Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)<br /> <br /> - Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Juridical Opinions)<br /> <br /> <br /> == Structure of the Book ==<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence is organized into five Discourses (maqām), with each Discourse further divided into chapters, depending on the depth of the discussion, and presenting various topics.<br /> <br /> First Discourse: The Meaning of Espionage and Intelligence <br /> <br /> In this Discourse, the linguistic and terminological meanings of Espionage and Intelligence are examined.<br /> <br /> Second Discourse: Types of Espionage and Intelligence and Spies<br /> Here, the author categorizes Espionage and Intelligence into five types and classifies spies into two categories.<br /> <br /> Third Discourse: The Ruling on Espionage and Intelligence<br /> <br /> This Discourse is presented in two chapters:<br /> <br /> 1. Espionage and Intelligence benefiting Inimical Powers (kufr) and in its interests.<br /> <br /> 2. Espionage and Intelligence benefiting Islam and the The Islamic Polity.<br /> <br /> The first chapter includes three discussions:<br /> <br /> a) The ruling on a Muslim spy according to the fatwas of Shia jurists.<br /> <br /> b) The perspectives of Sunni jurists.<br /> <br /> c) The jurisprudential Scriptural and Rational Scriptural and Rational Evidence for the ruling.<br /> <br /> Fourth Discourse: On Arif and Naqib<br /> <br /> Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Espionage and Intelligence?<br /> <br /> Fifth Discourse: Committing Prohibited Acts During Espionage and Intelligence<br /> <br /> Is it permissible to commit Prohibited Acts in the process of Espionage and Intelligence?<br /> <br /> <br /> <br /> == Meaning and Types of Espionage and Intelligence ==<br /> In the first Discourse, the author discusses the linguistic meaning of Tajassus ( Espionage and Intelligence) using various Lexicographical Authorities. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.<br /> <br /> In the second Discourse, Espionage and Intelligence is classified based on its benefit or lack thereof:<br /> <br /> 1. Investigating personal affairs without any rational motivation (i.e., Purposeless Interference).<br /> <br /> 2. Espionage and Intelligence driven by corrupt intentions.<br /> <br /> 3. Espionage and Intelligence with a rational and legitimate purpose.<br /> <br /> The third category is further divided into:<br /> <br /> a) Espionage and Intelligence for a necessary purpose, such as preserving the The Islamic Polity.<br /> <br /> b) Espionage and Intelligence for a Recommended purpose, such as identifying qualified individuals.<br /> <br /> Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): <br /> <br /> 1. Spies working in favor of the enemies of Islam. <br /> <br /> 2. Spies working in favor of the Islamic state.<br /> <br /> <br /> ==Espionage and Intelligence Benefiting Inimical Powers (Kufr)==<br /> === The Ruling on a Muslim Spy ===<br /> In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. <br /> <br /> 1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to execution. However, some contemporary scholars have ruled for the death penalty in cases where Espionage and Intelligence is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).<br /> <br /> 2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, execution, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.<br /> <br /> 3. Jurisprudential Scriptural and Rational Scriptural and Rational Evidence : The author presents five pieces of Scriptural and Rational Scriptural and Rational Evidence :<br /> <br /> - Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam). <br /> <br /> - A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the execution of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.<br /> <br /> - A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Espionage and Intelligence.<br /> In the first three Scriptural and Rational Scriptural and Rational Evidence s, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable Scriptural and Rational Scriptural and Rational Evidence to justify the execution of a Muslim spy. Based on the principle of precaution and available Scriptural and Rational Scriptural and Rational Evidence , he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).<br /> <br /> Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Espionage and Intelligence, and another where the person converted to Islam after committing Espionage and Intelligence. In both cases, he finds the narration insufficient to justify execution.<br /> <br /> As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Espionage and Intelligence, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Juridical Opinions of Shia jurists.<br /> === Ruling on a Non-Muslim Spy ===<br /> There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the execution of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal Juridical Opinions, and they are included in the book mainly to provide a comprehensive discussion.<br /> <br /> The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is execution. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a Admission.<br /> ==== The Dhimmi Spy and the Musta'min Spy ====<br /> In the context of non-Muslim spies, the author explores two jurisprudential branches: <br /> <br /> a) Does Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: <br /> <br /> 1. Espionage and Intelligence immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected. <br /> <br /> 2. It depends on the terms of the Dhimmah agreement. If refraining from Espionage and Intelligence is one of the conditions, then their blood is forfeit. However, the conditions of the Dhimmah contract are not fixed, meaning that the ruler, based on his discretion, can add or remove certain conditions.<br /> <br /> The author also refers to various Sunni opinions, including execution or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: &quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&quot;<br /> <br /> b) The Ruling on a Mu'ahid or Musta'min Spy<br /> <br /> The ruling on a spy who is a treaty-holder (Mu'ahid) or a person under temporary protection (Musta'min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: <br /> <br /> In this Discourse, the author presents the views of Shia scholars, who state that if the Imam finds that the spy has committed an offense punishable by hudud (legal punishment) or ta'zir (discretionary punishment), the appropriate punishment is carried out. However, if no legal claim is established against the spy, they are sent back to their homeland. Moreover, Muslims are permitted to prevent an enemy spy from returning to their own territory. <br /> === Torture of Spies and the Validity of Admission Under Torture ===<br /> Regarding the discussion of torturing spies and the validity of Admissions obtained under torture, the author presents two viewpoints: one permitting and the other prohibiting torture, as well as rejecting the validity of Admissions made under duress. The proponents and their reasoning for each stance are also discussed. <br /> <br /> Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &quot;Views of Shia Jurists&quot; and &quot;Views of Sunni Jurists,&quot; the opinions of some scholars from are presented. <br /> <br /> In the end, the author concludes that torturing someone to force a Admission from them is unlawful. Such an act constitutes a form of domination or authority over another person, and the basic principle is that no one has authority over another, except when justified by a valid reason (such as necessity or public interest). <br /> == Espionage and Intelligence for the Benefit of Islam and the Islamic System ==<br /> In this Discourse, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each: <br /> <br /> In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each: <br /> <br /> 1. [[Surah Al-Hujurat, verse 12]]: The conclusion is that the verse addresses spying for the benefit of disbelievers or, at the very least, in matters of individual and social affairs. The verse forbids investigating hidden matters and faults. <br /> <br /> 2. [[Surah An-Nur, verse 19]]: The conclusion is that this verse does not relate to Espionage and Intelligence or have any direct connection to the topic. <br /> <br /> 3. [[Surah Al-Anfal, verse 27]]: <br /> <br /> - The context of the verse is debated:<br /> <br /> 1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.<br /> <br /> 2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.<br /> <br /> 3. The story of Abu Lubaba during the war with Banu Qurayza.<br /> <br /> Based on the first and third explanations, the verse is related to the prohibition of Espionage and Intelligence. However, the second explanation pertains more to the prohibition of spreading and disclosing secrets, which may not be entirely relevant to Espionage and Intelligence.<br /> == Supplementary Discussions ==<br /> ====Juridical or Subject-Specific Exception?====<br /> Is Espionage and Intelligence for the benefit of the Islamic system and national security considered unlawful? If it is not prohibited, is the exception due to a juridical or subject-specific exemption?<br /> <br /> The author, in response to this question, writes that contrary to his earlier view, this type of Espionage and Intelligence falls under a juridical exemption, not a subject-specific one. In fact, this type of Espionage and Intelligence still constitutes a form of prohibited Espionage and Intelligence. In this type of Espionage and Intelligence, expediency merely is not sufficient to lift the prohibition; a stronger expediency must exist because, in cases of conflict, the more important takes precedence (similar to the case of not executing a coerced murderer or exceptions to gossip). Espionage and Intelligence is prohibited, but the preservation of the [Islamic] system is obligatory, and in the presence of conflict and the prioritization of the more significant matter, Espionage and Intelligence is permissible; thus, the exemption here is judicial in nature. However, some instances of Espionage and Intelligence have a subjective exemption; for example, if they do not fall under the category of probing into the faults of others (such as polling public satisfaction regarding the government) or if they do not involve uncovering hidden matters, like when a person openly commits a sin and does not conceal their wrongdoing.<br /> ==== The Use of Spies in the Lives of the Infallibles ====<br /> To prove the appropriateness and necessity of this practice, the author presents eight historical and narrational examples from the lives of the Infallibles. These instances demonstrate either direct involvement in Espionage and Intelligence, or sending of spies or approval of spy operations. Any objections to these texts do not pose a problem, as their abundance has reached the level of certainty, confirming that some of them were indeed sanctioned by the Infallibles. <br /> === Sunni Narrations on Military Affairs during the Prophet’s Time ===<br /> In this Discourse, the author lists fifteen narrations that show how the Prophet (PBUH) used intelligence provided by others about enemy movements during wars and different circumstances, or how he himself ordered Espionage and Intelligence. The author highlights the narration from Ibn Hisham as one of the most significant examples. This narration refers to when the Quraysh abandoned their siege of Medina and retreated toward Mecca. The Prophet (PBUH) instructed Imam Ali (A.S) to spy on them to ensure their intentions. The Prophet told Imam Ali: “If they are riding camels and their horses are loose, they are headed for Mecca. But if they are riding horses and their camels are untied, they intend to return and attack.” This is because the Infallible (the Prophet) orders Espionage and Intelligence, and another Infallible (Imam Ali) is tasked with spying.<br /> <br /> Furthermore, the author believes that the narration from Ibn Sa'd (in the expedition of Usamah ibn Zayd ibn Harithah, the Messenger of God instructed Usamah: “Take guides with you and send out spies ahead of you”) conveys a meaning that goes beyond mere permissibility of Espionage and Intelligence; it indicates its obligation.<br /> ====The Role of Arif and Naqib====<br /> In the fifth Discourse of the book, the author discusses the terms Arif and Naqib, beginning with their linguistic meanings. The word Naqb refers to searching for secrets and hidden information, and a Naqib was someone in charge of a tribe who was knowledgeable about its affairs and of the means to recognize them. The Arif, on the other hand, was a person responsible for the affairs of a group or tribe, aware of their conditions, but of a lower status than the cheif. The author also references a hadith from Imam Ali (A.S.) where Arraf with a particular pronunciation refers to an astronomer or priest. <br /> <br /> The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Espionage and Intelligence. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear Scriptural and Rational Scriptural and Rational Evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Espionage and Intelligence and inquiry is acceptable. <br /> ====Committing Forbidden Acts during Espionage and Intelligence====<br /> In the sixth Discourse of the book, the author raises a key question: “If Espionage and Intelligence requires committing forbidden acts, is it permissible to engage in them?” The author notes that it has been stated that if the only available means is a forbidden act, then engaging in such acts can be justified based on certain Scriptural and Rational Scriptural and Rational Evidence s and texts. He then presents these Scriptural and Rational Scriptural and Rational Evidence s and critiques them.<br /> ==Notes on the Book==<br /> {{column|3}}<br /> # The book is a transcription of Najm al-Din Tabasi’s advanced jurisprudence class (Dars-e-Kharij), penned by one of his students. Perhaps for this reason, various side discussions and unrelated topics are frequently raised throughout the book. In different sections, the author digresses from the main topic into secondary discussions as deemed appropriate. For instance, while narrating a tradition from Tabarsi’s works, the author critiques the last part of the narration that states, &quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: 'Do whatever you wish, for I have forgiven you'&quot; (p. 39). He then brings in Allama Tabatabai’s response to this objection, which takes up about seven pages of the book. Additionally, the author introduces discussions on the narrators (rijal) whenever names of individuals are mentioned, which seems unnecessary. Similarly, when discussing the chain of narrators for one tradition, a biographical discussion is initiated due Nofali being accused of extremism (ghuluw), leading to a lengthy discussion on the Qom scholars’ view on extremism, followed by criticisms of their stance (pp. 88–93).<br /> # The presence of these tangential discussions disrupts the cohesion of the book, leaving the reader with a less structured and consistent narrative. As a result, the flow of the discussion is sometimes lost, and the reader may occasionally feel that the discussion lacks a clear conclusion.<br /> # In many instances, the author could have included topics that are less relevant to the main discussion as footnotes or endnotes instead of integrating them into the main text.<br /> # The author, in discussing the first verse concerning the permissibility of espionage for the benefit of Islam and the Islamic system, argues that the verse on espionage is not general but specifically refers to espionage benefiting the enemy. He interprets &quot;suspicion&quot; in the verse to mean acting on and avoiding backbiting and slander (which do not benefit Muslims), thus restricting the prohibition of espionage to cases that do not benefit Muslims. Therefore, no conflict arises here, as this matter is categorically excluded, and from the outset, espionage for the benefit of Muslims is not included in the type of espionage that the verse addresses; rather, it is specifically excluded and is not prohibited, so no conflict occurs (p. 133). Here, in addition to the reasoning seeming inadequate, the author later states that contrary to our previous opinion, it appears that the exception is a juridical one, not a subjective one. In fact, this type of espionage is one of the instances of prohibited espionage (p. 157).<br /> # In discussing the torture of spies and the validity of confessions obtained under torture, the author refers to two narrations that were related to cases where someone was concealing information; however, it seems that the narrations generally prohibit torture. However, he concludes that narrations prohibiting torture are absolute and, based on this, deduces that torture for extracting confessions from spies is forbidden. <br /> # None of the ten narrations in the section titled &quot;Additional General Narrations on Torture&quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.<br /> # The author could have integrated the discussion on Arif and Naqib under the broader section on narrational evidence regarding espionage. Similarly, the topic of committing forbidden acts during espionage could have been treated as a subsidiary issue within the legal rulings on espionage, rather than being assigned separate chapters or sections.<br /> {{end}}<br /> [[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]<br /> [[category:Books by Najm al-Din Tabasi]]<br /> [[Category:Bibliography Articles]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&diff=2801 2026-05-27T03:00:58Z

<p>Sarfipour: </p> <hr /> <div>{{infobox book<br /> | title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg<br /> | caption = &lt;!-- Add caption for the image --&gt;<br /> | other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī<br /> | main title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | author = Mohammad Javad Asadi<br /> | date of writing = 2021<br /> | subject = Espionage, Counter-espionage, Islamic Jurisprudence<br /> | style = Analytical, Jurisprudential<br /> | language = Persian<br /> | main language = Persian<br /> | editor = &lt;!-- Add editor name if available --&gt;<br /> | textual editing = &lt;!-- Add textual editing details if relevant --&gt;<br /> | with the efforts of = &lt;!-- Add contributors if relevant --&gt;<br /> | collection = &lt;!-- Add collection name if available --&gt;<br /> | illustrator = &lt;!-- Add illustrator name if available --&gt;<br /> | cover designer = &lt;!-- Add cover designer name if available --&gt;<br /> | volumes = 1<br /> | pages = 400<br /> | size = &lt;!-- Specify dimensions if known --&gt;<br /> | translations = &lt;!-- Add translation details if available --&gt;<br /> | publisher = Islamic Research Institute for Culture and Thought<br /> | publication place = Tehran, Iran<br /> | publication date = 2021 (1st Edition)<br /> | printing = 1st Edition<br /> | print run = &lt;!-- Add print run details if available --&gt;<br /> | isbn = &lt;!-- Add ISBN number if available --&gt;<br /> | media type = Print<br /> | publisher website = &lt;!-- Add publisher website URL --&gt;<br /> | english name = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | translator = &lt;!-- Add translator name if available --&gt;<br /> | publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)<br /> | electronic version= &lt;!-- Add link to electronic version if available --&gt;<br /> | other volumes = &lt;!-- Add details of other volumes if available --&gt;<br /> }}<br /> {{Author<br /> |author = Mostafa haghanifazl<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }} <br /> * '''abstract'''<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%A8%D8%A7%D9%86%DB%8C_%D9%81%D9%82%D9%87%DB%8C_%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_%D9%88_%D8%B6%D8%AF%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مبانی فقهی جاسوسی و ضدجاسوسی]) is a summary and compilation of the jurisprudential discussions by Shaykh [[Najm al-Din Tabasi]] at the The Islamic Seminary in Qom. This work was printed and published after being reviewed and Revised by him. In this book, jurisprudential discussions regarding Espionage and Intelligence are presented in five Discourses. The author uses Quranic verses, narrations, and historical texts to present and analyze the different aspects of Espionage and Intelligence. After defining and categorizing various types of Espionage and Intelligence, the author proceeds to detail the ruling (hukm) for each category. Throughout the main discussion, related secondary issues concerning Espionage and Intelligence have also been addressed.<br /> == A Brief Look at the Book ==<br /> The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence, authored by [[Najm al-Din Moravveji Tabasi]], is a scholarly work within the domain of political jurisprudence. It was published in collaboration with Markaz e-Takhasussi e-Aimmah al-Athar (A). This book is a Compilation of Lectures by Shaykh Najm al-Din Tabasi at the The Islamic Seminary in Qom, which has been published after his review and revision. This work aims to study the Juridical Opinions regarding Espionage and Intelligence — which has been categorized into several types in the text — through an examination of relevant narrations and the legal Juridical Opinions of jurists from Shi’i and Sunni Schools (Shia and Sunni), along with issues related to it. These issues include matters such as committing Prohibited Acts for the purpose of Espionage and Intelligence, the status of agreements and Safe Conduct to spies, torturing spies, extracting Admissions from them, and interpreting the legitimacy of Espionage and Intelligence based on narrations concerning the appointment of an Arif (a recognized leader or expert in a community) and Naqib (a representative or head of a tribe).<br /> === About the Author ===<br /> Najm al-Din Maruji Tabasi (born 1334 SH ) is a Senior Professor of Advanced Seminar in Islamic jurisprudence at the The Islamic Seminary of Qom. He has authored over 27 works, some of which adopt a Juridical-Legalistic Approach. His notable works include:<br /> <br /> - Al-Dirasat al-Fiqhiyya fi Masa'il Khilafiyya (Jurisprudential Studies on Controversial Issues)<br /> <br /> - Al-Zawaj al-Muwaqqat 'inda al-Sahaba wa al-Tabi'in (Temporary Marriage Among the Companions and Successors)<br /> <br /> - Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid'a (Excommunication Between Tradition and Innovation)<br /> <br /> - Tab’id dar Islam (Exile in Islam)<br /> - Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)<br /> <br /> - Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Juridical Opinions)<br /> <br /> <br /> == Structure of the Book ==<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence is organized into five Discourses (maqām), with each Discourse further divided into chapters, depending on the depth of the discussion, and presenting various topics.<br /> <br /> First Discourse: The Meaning of Espionage and Intelligence <br /> <br /> In this Discourse, the linguistic and terminological meanings of Espionage and Intelligence are examined.<br /> <br /> Second Discourse: Types of Espionage and Intelligence and Spies<br /> Here, the author categorizes Espionage and Intelligence into five types and classifies spies into two categories.<br /> <br /> Third Discourse: The Ruling on Espionage and Intelligence<br /> <br /> This Discourse is presented in two chapters:<br /> <br /> 1. Espionage and Intelligence benefiting Inimical Powers (kufr) and in its interests.<br /> <br /> 2. Espionage and Intelligence benefiting Islam and the The Islamic Polity.<br /> <br /> The first chapter includes three discussions:<br /> <br /> a) The ruling on a Muslim spy according to the fatwas of Shia jurists.<br /> <br /> b) The perspectives of Sunni jurists.<br /> <br /> c) The jurisprudential Scriptural and Rational Scriptural and Rational Evidence for the ruling.<br /> <br /> Fourth Discourse: On Arif and Naqib<br /> <br /> Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Espionage and Intelligence?<br /> <br /> Fifth Discourse: Committing Prohibited Acts During Espionage and Intelligence<br /> <br /> Is it permissible to commit Prohibited Acts in the process of Espionage and Intelligence?<br /> <br /> <br /> <br /> == Meaning and Types of Espionage and Intelligence ==<br /> In the first Discourse, the author discusses the linguistic meaning of Tajassus ( Espionage and Intelligence) using various Lexicographical Authorities. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.<br /> <br /> In the second Discourse, Espionage and Intelligence is classified based on its benefit or lack thereof:<br /> <br /> 1. Investigating personal affairs without any rational motivation (i.e., Purposeless Interference).<br /> <br /> 2. Espionage and Intelligence driven by corrupt intentions.<br /> <br /> 3. Espionage and Intelligence with a rational and legitimate purpose.<br /> <br /> The third category is further divided into:<br /> <br /> a) Espionage and Intelligence for a necessary purpose, such as preserving the The Islamic Polity.<br /> <br /> b) Espionage and Intelligence for a commendable purpose, such as identifying qualified individuals.<br /> <br /> Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): <br /> <br /> 1. Spies working in favor of the enemies of Islam. <br /> <br /> 2. Spies working in favor of the Islamic state.<br /> <br /> <br /> ==Espionage and Intelligence Benefiting Inimical Powers (Kufr)==<br /> === The Ruling on a Muslim Spy ===<br /> In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. <br /> <br /> 1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to execution. However, some contemporary scholars have ruled for the death penalty in cases where Espionage and Intelligence is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).<br /> <br /> 2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, execution, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.<br /> <br /> 3. Jurisprudential Scriptural and Rational Scriptural and Rational Evidence : The author presents five pieces of Scriptural and Rational Scriptural and Rational Evidence :<br /> <br /> - Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam). <br /> <br /> - A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the execution of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.<br /> <br /> - A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Espionage and Intelligence.<br /> In the first three Scriptural and Rational Scriptural and Rational Evidence s, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable Scriptural and Rational Scriptural and Rational Evidence to justify the execution of a Muslim spy. Based on the principle of precaution and available Scriptural and Rational Scriptural and Rational Evidence , he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).<br /> <br /> Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Espionage and Intelligence, and another where the person converted to Islam after committing Espionage and Intelligence. In both cases, he finds the narration insufficient to justify execution.<br /> <br /> As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Espionage and Intelligence, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Juridical Opinions of Shia jurists.<br /> === Ruling on a Non-Muslim Spy ===<br /> There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the execution of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal Juridical Opinions, and they are included in the book mainly to provide a comprehensive discussion.<br /> <br /> The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is execution. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a Admission.<br /> ==== The Dhimmi Spy and the Musta'min Spy ====<br /> In the context of non-Muslim spies, the author explores two jurisprudential branches: <br /> <br /> a) Does Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: <br /> <br /> 1. Espionage and Intelligence immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected. <br /> <br /> 2. It depends on the terms of the Dhimmah agreement. If refraining from Espionage and Intelligence is one of the conditions, then their blood is forfeit. However, the conditions of the Dhimmah contract are not fixed, meaning that the ruler, based on his discretion, can add or remove certain conditions.<br /> <br /> The author also refers to various Sunni opinions, including execution or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: &quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&quot;<br /> <br /> b) The Ruling on a Mu'ahid or Musta'min Spy<br /> <br /> The ruling on a spy who is a treaty-holder (Mu'ahid) or a person under temporary protection (Musta'min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: <br /> <br /> In this Discourse, the author presents the views of Shia scholars, who state that if the Imam finds that the spy has committed an offense punishable by hudud (legal punishment) or ta'zir (discretionary punishment), the appropriate punishment is carried out. However, if no legal claim is established against the spy, they are sent back to their homeland. Moreover, Muslims are permitted to prevent an enemy spy from returning to their own territory. <br /> === Torture of Spies and the Validity of Admission Under Torture ===<br /> Regarding the discussion of torturing spies and the validity of Admissions obtained under torture, the author presents two viewpoints: one permitting and the other prohibiting torture, as well as rejecting the validity of Admissions made under duress. The proponents and their reasoning for each stance are also discussed. <br /> <br /> Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &quot;Views of Shia Jurists&quot; and &quot;Views of Sunni Jurists,&quot; the opinions of some scholars from are presented. <br /> <br /> In the end, the author concludes that torturing someone to force a Admission from them is unlawful. Such an act constitutes a form of domination or authority over another person, and the basic principle is that no one has authority over another, except when justified by a valid reason (such as necessity or public interest). <br /> == Espionage and Intelligence for the Benefit of Islam and the Islamic System ==<br /> In this Discourse, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each: <br /> <br /> In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each: <br /> <br /> 1. [[Surah Al-Hujurat, verse 12]]: The conclusion is that the verse addresses spying for the benefit of disbelievers or, at the very least, in matters of individual and social affairs. The verse forbids investigating hidden matters and faults. <br /> <br /> 2. [[Surah An-Nur, verse 19]]: The conclusion is that this verse does not relate to Espionage and Intelligence or have any direct connection to the topic. <br /> <br /> 3. [[Surah Al-Anfal, verse 27]]: <br /> <br /> - The context of the verse is debated:<br /> <br /> 1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.<br /> <br /> 2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.<br /> <br /> 3. The story of Abu Lubaba during the war with Banu Qurayza.<br /> <br /> Based on the first and third explanations, the verse is related to the prohibition of Espionage and Intelligence. However, the second explanation pertains more to the prohibition of spreading and disclosing secrets, which may not be entirely relevant to Espionage and Intelligence.<br /> == Supplementary Discussions ==<br /> ====Juridical or Subject-Specific Exception?====<br /> Is Espionage and Intelligence for the benefit of the Islamic system and national security considered unlawful? If it is not prohibited, is the exception due to a juridical or subject-specific exemption?<br /> <br /> The author, in response to this question, writes that contrary to his earlier view, this type of Espionage and Intelligence falls under a juridical exemption, not a subject-specific one. In fact, this type of Espionage and Intelligence still constitutes a form of prohibited Espionage and Intelligence. In this type of Espionage and Intelligence, expediency merely is not sufficient to lift the prohibition; a stronger expediency must exist because, in cases of conflict, the more important takes precedence (similar to the case of not executing a coerced murderer or exceptions to gossip). Espionage and Intelligence is prohibited, but the preservation of the [Islamic] system is obligatory, and in the presence of conflict and the prioritization of the more significant matter, Espionage and Intelligence is permissible; thus, the exemption here is judicial in nature. However, some instances of Espionage and Intelligence have a subjective exemption; for example, if they do not fall under the category of probing into the faults of others (such as polling public satisfaction regarding the government) or if they do not involve uncovering hidden matters, like when a person openly commits a sin and does not conceal their wrongdoing.<br /> ==== The Use of Spies in the Lives of the Infallibles ====<br /> To prove the appropriateness and necessity of this practice, the author presents eight historical and narrational examples from the lives of the Infallibles. These instances demonstrate either direct involvement in Espionage and Intelligence, or sending of spies or approval of spy operations. Any objections to these texts do not pose a problem, as their abundance has reached the level of certainty, confirming that some of them were indeed sanctioned by the Infallibles. <br /> === Sunni Narrations on Military Affairs during the Prophet’s Time ===<br /> In this Discourse, the author lists fifteen narrations that show how the Prophet (PBUH) used intelligence provided by others about enemy movements during wars and different circumstances, or how he himself ordered Espionage and Intelligence. The author highlights the narration from Ibn Hisham as one of the most significant examples. This narration refers to when the Quraysh abandoned their siege of Medina and retreated toward Mecca. The Prophet (PBUH) instructed Imam Ali (A.S) to spy on them to ensure their intentions. The Prophet told Imam Ali: “If they are riding camels and their horses are loose, they are headed for Mecca. But if they are riding horses and their camels are untied, they intend to return and attack.” This is because the Infallible (the Prophet) orders Espionage and Intelligence, and another Infallible (Imam Ali) is tasked with spying.<br /> <br /> Furthermore, the author believes that the narration from Ibn Sa'd (in the expedition of Usamah ibn Zayd ibn Harithah, the Messenger of God instructed Usamah: “Take guides with you and send out spies ahead of you”) conveys a meaning that goes beyond mere permissibility of Espionage and Intelligence; it indicates its obligation.<br /> ====The Role of Arif and Naqib====<br /> In the fifth Discourse of the book, the author discusses the terms Arif and Naqib, beginning with their linguistic meanings. The word Naqb refers to searching for secrets and hidden information, and a Naqib was someone in charge of a tribe who was knowledgeable about its affairs and of the means to recognize them. The Arif, on the other hand, was a person responsible for the affairs of a group or tribe, aware of their conditions, but of a lower status than the cheif. The author also references a hadith from Imam Ali (A.S.) where Arraf with a particular pronunciation refers to an astronomer or priest. <br /> <br /> The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Espionage and Intelligence. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear Scriptural and Rational Scriptural and Rational Evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Espionage and Intelligence and inquiry is acceptable. <br /> ====Committing Forbidden Acts during Espionage and Intelligence====<br /> In the sixth Discourse of the book, the author raises a key question: “If Espionage and Intelligence requires committing forbidden acts, is it permissible to engage in them?” The author notes that it has been stated that if the only available means is a forbidden act, then engaging in such acts can be justified based on certain Scriptural and Rational Scriptural and Rational Evidence s and texts. He then presents these Scriptural and Rational Scriptural and Rational Evidence s and critiques them.<br /> ==Notes on the Book==<br /> {{column|3}}<br /> # The book is a transcription of Najm al-Din Tabasi’s advanced jurisprudence class (Dars-e-Kharij), penned by one of his students. Perhaps for this reason, various side discussions and unrelated topics are frequently raised throughout the book. In different sections, the author digresses from the main topic into secondary discussions as deemed appropriate. For instance, while narrating a tradition from Tabarsi’s works, the author critiques the last part of the narration that states, &quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: 'Do whatever you wish, for I have forgiven you'&quot; (p. 39). He then brings in Allama Tabatabai’s response to this objection, which takes up about seven pages of the book. Additionally, the author introduces discussions on the narrators (rijal) whenever names of individuals are mentioned, which seems unnecessary. Similarly, when discussing the chain of narrators for one tradition, a biographical discussion is initiated due Nofali being accused of extremism (ghuluw), leading to a lengthy discussion on the Qom scholars’ view on extremism, followed by criticisms of their stance (pp. 88–93).<br /> # The presence of these tangential discussions disrupts the cohesion of the book, leaving the reader with a less structured and consistent narrative. As a result, the flow of the discussion is sometimes lost, and the reader may occasionally feel that the discussion lacks a clear conclusion.<br /> # In many instances, the author could have included topics that are less relevant to the main discussion as footnotes or endnotes instead of integrating them into the main text.<br /> # The author, in discussing the first verse concerning the permissibility of espionage for the benefit of Islam and the Islamic system, argues that the verse on espionage is not general but specifically refers to espionage benefiting the enemy. He interprets &quot;suspicion&quot; in the verse to mean acting on and avoiding backbiting and slander (which do not benefit Muslims), thus restricting the prohibition of espionage to cases that do not benefit Muslims. Therefore, no conflict arises here, as this matter is categorically excluded, and from the outset, espionage for the benefit of Muslims is not included in the type of espionage that the verse addresses; rather, it is specifically excluded and is not prohibited, so no conflict occurs (p. 133). Here, in addition to the reasoning seeming inadequate, the author later states that contrary to our previous opinion, it appears that the exception is a juridical one, not a subjective one. In fact, this type of espionage is one of the instances of prohibited espionage (p. 157).<br /> # In discussing the torture of spies and the validity of confessions obtained under torture, the author refers to two narrations that were related to cases where someone was concealing information; however, it seems that the narrations generally prohibit torture. However, he concludes that narrations prohibiting torture are absolute and, based on this, deduces that torture for extracting confessions from spies is forbidden. <br /> # None of the ten narrations in the section titled &quot;Additional General Narrations on Torture&quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.<br /> # The author could have integrated the discussion on Arif and Naqib under the broader section on narrational evidence regarding espionage. Similarly, the topic of committing forbidden acts during espionage could have been treated as a subsidiary issue within the legal rulings on espionage, rather than being assigned separate chapters or sections.<br /> {{end}}<br /> [[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]<br /> [[category:Books by Najm al-Din Tabasi]]<br /> [[Category:Bibliography Articles]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&diff=2800 2026-05-27T02:58:29Z

<p>Sarfipour: /* Meaning and Types of Espionage and Intelligence */</p> <hr /> <div>{{infobox book<br /> | title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg<br /> | caption = &lt;!-- Add caption for the image --&gt;<br /> | other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī<br /> | main title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | author = Mohammad Javad Asadi<br /> | date of writing = 2021<br /> | subject = Espionage, Counter-espionage, Islamic Jurisprudence<br /> | style = Analytical, Jurisprudential<br /> | language = Persian<br /> | main language = Persian<br /> | editor = &lt;!-- Add editor name if available --&gt;<br /> | textual editing = &lt;!-- Add textual editing details if relevant --&gt;<br /> | with the efforts of = &lt;!-- Add contributors if relevant --&gt;<br /> | collection = &lt;!-- Add collection name if available --&gt;<br /> | illustrator = &lt;!-- Add illustrator name if available --&gt;<br /> | cover designer = &lt;!-- Add cover designer name if available --&gt;<br /> | volumes = 1<br /> | pages = 400<br /> | size = &lt;!-- Specify dimensions if known --&gt;<br /> | translations = &lt;!-- Add translation details if available --&gt;<br /> | publisher = Islamic Research Institute for Culture and Thought<br /> | publication place = Tehran, Iran<br /> | publication date = 2021 (1st Edition)<br /> | printing = 1st Edition<br /> | print run = &lt;!-- Add print run details if available --&gt;<br /> | isbn = &lt;!-- Add ISBN number if available --&gt;<br /> | media type = Print<br /> | publisher website = &lt;!-- Add publisher website URL --&gt;<br /> | english name = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | translator = &lt;!-- Add translator name if available --&gt;<br /> | publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)<br /> | electronic version= &lt;!-- Add link to electronic version if available --&gt;<br /> | other volumes = &lt;!-- Add details of other volumes if available --&gt;<br /> }}<br /> {{Author<br /> |author = Mostafa haghanifazl<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }} <br /> * '''abstract'''<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%A8%D8%A7%D9%86%DB%8C_%D9%81%D9%82%D9%87%DB%8C_%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_%D9%88_%D8%B6%D8%AF%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مبانی فقهی جاسوسی و ضدجاسوسی]) is a summary and compilation of the jurisprudential discussions by Shaykh [[Najm al-Din Tabasi]] at the The Islamic Seminary in Qom. This work was printed and published after being reviewed and Revised by him. In this book, jurisprudential discussions regarding Espionage and Intelligence are presented in five Discourses. The author uses Quranic verses, narrations, and historical texts to present and analyze the different aspects of Espionage and Intelligence. After defining and categorizing various types of Espionage and Intelligence, the author proceeds to detail the ruling (hukm) for each category. Throughout the main discussion, related secondary issues concerning Espionage and Intelligence have also been addressed.<br /> == A Brief Look at the Book ==<br /> The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence, authored by [[Najm al-Din Moravveji Tabasi]], is a scholarly work within the domain of political jurisprudence. It was published in collaboration with Markaz e-Takhasussi e-Aimmah al-Athar (A). This book is a Compilation of Lectures by Shaykh Najm al-Din Tabasi at the The Islamic Seminary in Qom, which has been published after his review and revision. This work aims to study the Juridical Opinions regarding Espionage and Intelligence — which has been categorized into several types in the text — through an examination of relevant narrations and the legal Juridical Opinions of jurists from Shi’i and Sunni Schools (Shia and Sunni), along with issues related to it. These issues include matters such as committing Prohibited Acts for the purpose of Espionage and Intelligence, the status of agreements and Safe Conduct to spies, torturing spies, extracting Admissions from them, and interpreting the legitimacy of Espionage and Intelligence based on narrations concerning the appointment of an Arif (a recognized leader or expert in a community) and Naqib (a representative or head of a tribe).<br /> === About the Author ===<br /> Najm al-Din Maruji Tabasi (born 1334 SH ) is a Senior Professor of Advanced Seminar in Islamic jurisprudence at the The Islamic Seminary of Qom. He has authored over 27 works, some of which adopt a Juridical-Legalistic Approach. His notable works include:<br /> <br /> - Al-Dirasat al-Fiqhiyya fi Masa'il Khilafiyya (Jurisprudential Studies on Controversial Issues)<br /> <br /> - Al-Zawaj al-Muwaqqat 'inda al-Sahaba wa al-Tabi'in (Temporary Marriage Among the Companions and Successors)<br /> <br /> - Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid'a (Excommunication Between Tradition and Innovation)<br /> <br /> - Tab’id dar Islam (Exile in Islam)<br /> - Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)<br /> <br /> - Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Juridical Opinions)<br /> <br /> <br /> == Structure of the Book ==<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence is organized into five Discourses (maqām), with each Discourse further divided into chapters, depending on the depth of the discussion, and presenting various topics.<br /> <br /> First Discourse: The Meaning of Espionage and Intelligence <br /> <br /> In this Discourse, the linguistic and terminological meanings of Espionage and Intelligence are examined.<br /> <br /> Second Discourse: Types of Espionage and Intelligence and Spies<br /> Here, the author categorizes Espionage and Intelligence into five types and classifies spies into two categories.<br /> <br /> Third Discourse: The Ruling on Espionage and Intelligence<br /> <br /> This Discourse is presented in two chapters:<br /> <br /> 1. Espionage and Intelligence benefiting Inimical Powers (kufr) and in its interests.<br /> <br /> 2. Espionage and Intelligence benefiting Islam and the The Islamic Polity.<br /> <br /> The first chapter includes three discussions:<br /> <br /> a) The ruling on a Muslim spy according to the fatwas of Shia jurists.<br /> <br /> b) The perspectives of Sunni jurists.<br /> <br /> c) The jurisprudential Scriptural and Rational Scriptural and Rational Evidence for the ruling.<br /> <br /> Fourth Discourse: On Arif and Naqib<br /> <br /> Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Espionage and Intelligence?<br /> <br /> Fifth Discourse: Committing Prohibited Acts During Espionage and Intelligence<br /> <br /> Is it permissible to commit Prohibited Acts in the process of Espionage and Intelligence?<br /> <br /> <br /> <br /> == Meaning and Types of Espionage and Intelligence ==<br /> In the first Discourse, the author discusses the linguistic meaning of Tajassus ( Espionage and Intelligence) using various Lexicographical Authorities. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.<br /> <br /> In the second Discourse, Espionage and Intelligence is classified based on its benefit or lack thereof:<br /> <br /> 1. Investigating personal affairs without any rational motivation (i.e., meddling).<br /> <br /> 2. Espionage and Intelligence driven by corrupt intentions.<br /> <br /> 3. Espionage and Intelligence with a rational and legitimate purpose.<br /> <br /> The third category is further divided into:<br /> <br /> a) Espionage and Intelligence for a necessary purpose, such as preserving the The Islamic Polity.<br /> <br /> b) Espionage and Intelligence for a commendable purpose, such as identifying qualified individuals.<br /> <br /> Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): <br /> <br /> 1. Spies working in favor of the enemies of Islam. <br /> <br /> 2. Spies working in favor of the Islamic state.<br /> <br /> <br /> ==Espionage and Intelligence Benefiting Inimical Powers (Kufr)==<br /> === The Ruling on a Muslim Spy ===<br /> In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. <br /> <br /> 1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to execution. However, some contemporary scholars have ruled for the death penalty in cases where Espionage and Intelligence is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).<br /> <br /> 2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, execution, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.<br /> <br /> 3. Jurisprudential Scriptural and Rational Scriptural and Rational Evidence : The author presents five pieces of Scriptural and Rational Scriptural and Rational Evidence :<br /> <br /> - Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam). <br /> <br /> - A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the execution of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.<br /> <br /> - A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Espionage and Intelligence.<br /> In the first three Scriptural and Rational Scriptural and Rational Evidence s, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable Scriptural and Rational Scriptural and Rational Evidence to justify the execution of a Muslim spy. Based on the principle of precaution and available Scriptural and Rational Scriptural and Rational Evidence , he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).<br /> <br /> Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Espionage and Intelligence, and another where the person converted to Islam after committing Espionage and Intelligence. In both cases, he finds the narration insufficient to justify execution.<br /> <br /> As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Espionage and Intelligence, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Juridical Opinions of Shia jurists.<br /> === Ruling on a Non-Muslim Spy ===<br /> There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the execution of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal Juridical Opinions, and they are included in the book mainly to provide a comprehensive discussion.<br /> <br /> The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is execution. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a Admission.<br /> ==== The Dhimmi Spy and the Musta'min Spy ====<br /> In the context of non-Muslim spies, the author explores two jurisprudential branches: <br /> <br /> a) Does Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: <br /> <br /> 1. Espionage and Intelligence immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected. <br /> <br /> 2. It depends on the terms of the Dhimmah agreement. If refraining from Espionage and Intelligence is one of the conditions, then their blood is forfeit. However, the conditions of the Dhimmah contract are not fixed, meaning that the ruler, based on his discretion, can add or remove certain conditions.<br /> <br /> The author also refers to various Sunni opinions, including execution or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: &quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&quot;<br /> <br /> b) The Ruling on a Mu'ahid or Musta'min Spy<br /> <br /> The ruling on a spy who is a treaty-holder (Mu'ahid) or a person under temporary protection (Musta'min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: <br /> <br /> In this Discourse, the author presents the views of Shia scholars, who state that if the Imam finds that the spy has committed an offense punishable by hudud (legal punishment) or ta'zir (discretionary punishment), the appropriate punishment is carried out. However, if no legal claim is established against the spy, they are sent back to their homeland. Moreover, Muslims are permitted to prevent an enemy spy from returning to their own territory. <br /> === Torture of Spies and the Validity of Admission Under Torture ===<br /> Regarding the discussion of torturing spies and the validity of Admissions obtained under torture, the author presents two viewpoints: one permitting and the other prohibiting torture, as well as rejecting the validity of Admissions made under duress. The proponents and their reasoning for each stance are also discussed. <br /> <br /> Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &quot;Views of Shia Jurists&quot; and &quot;Views of Sunni Jurists,&quot; the opinions of some scholars from are presented. <br /> <br /> In the end, the author concludes that torturing someone to force a Admission from them is unlawful. Such an act constitutes a form of domination or authority over another person, and the basic principle is that no one has authority over another, except when justified by a valid reason (such as necessity or public interest). <br /> == Espionage and Intelligence for the Benefit of Islam and the Islamic System ==<br /> In this Discourse, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each: <br /> <br /> In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each: <br /> <br /> 1. [[Surah Al-Hujurat, verse 12]]: The conclusion is that the verse addresses spying for the benefit of disbelievers or, at the very least, in matters of individual and social affairs. The verse forbids investigating hidden matters and faults. <br /> <br /> 2. [[Surah An-Nur, verse 19]]: The conclusion is that this verse does not relate to Espionage and Intelligence or have any direct connection to the topic. <br /> <br /> 3. [[Surah Al-Anfal, verse 27]]: <br /> <br /> - The context of the verse is debated:<br /> <br /> 1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.<br /> <br /> 2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.<br /> <br /> 3. The story of Abu Lubaba during the war with Banu Qurayza.<br /> <br /> Based on the first and third explanations, the verse is related to the prohibition of Espionage and Intelligence. However, the second explanation pertains more to the prohibition of spreading and disclosing secrets, which may not be entirely relevant to Espionage and Intelligence.<br /> == Supplementary Discussions ==<br /> ====Juridical or Subject-Specific Exception?====<br /> Is Espionage and Intelligence for the benefit of the Islamic system and national security considered unlawful? If it is not prohibited, is the exception due to a juridical or subject-specific exemption?<br /> <br /> The author, in response to this question, writes that contrary to his earlier view, this type of Espionage and Intelligence falls under a juridical exemption, not a subject-specific one. In fact, this type of Espionage and Intelligence still constitutes a form of prohibited Espionage and Intelligence. In this type of Espionage and Intelligence, expediency merely is not sufficient to lift the prohibition; a stronger expediency must exist because, in cases of conflict, the more important takes precedence (similar to the case of not executing a coerced murderer or exceptions to gossip). Espionage and Intelligence is prohibited, but the preservation of the [Islamic] system is obligatory, and in the presence of conflict and the prioritization of the more significant matter, Espionage and Intelligence is permissible; thus, the exemption here is judicial in nature. However, some instances of Espionage and Intelligence have a subjective exemption; for example, if they do not fall under the category of probing into the faults of others (such as polling public satisfaction regarding the government) or if they do not involve uncovering hidden matters, like when a person openly commits a sin and does not conceal their wrongdoing.<br /> ==== The Use of Spies in the Lives of the Infallibles ====<br /> To prove the appropriateness and necessity of this practice, the author presents eight historical and narrational examples from the lives of the Infallibles. These instances demonstrate either direct involvement in Espionage and Intelligence, or sending of spies or approval of spy operations. Any objections to these texts do not pose a problem, as their abundance has reached the level of certainty, confirming that some of them were indeed sanctioned by the Infallibles. <br /> === Sunni Narrations on Military Affairs during the Prophet’s Time ===<br /> In this Discourse, the author lists fifteen narrations that show how the Prophet (PBUH) used intelligence provided by others about enemy movements during wars and different circumstances, or how he himself ordered Espionage and Intelligence. The author highlights the narration from Ibn Hisham as one of the most significant examples. This narration refers to when the Quraysh abandoned their siege of Medina and retreated toward Mecca. The Prophet (PBUH) instructed Imam Ali (A.S) to spy on them to ensure their intentions. The Prophet told Imam Ali: “If they are riding camels and their horses are loose, they are headed for Mecca. But if they are riding horses and their camels are untied, they intend to return and attack.” This is because the Infallible (the Prophet) orders Espionage and Intelligence, and another Infallible (Imam Ali) is tasked with spying.<br /> <br /> Furthermore, the author believes that the narration from Ibn Sa'd (in the expedition of Usamah ibn Zayd ibn Harithah, the Messenger of God instructed Usamah: “Take guides with you and send out spies ahead of you”) conveys a meaning that goes beyond mere permissibility of Espionage and Intelligence; it indicates its obligation.<br /> ====The Role of Arif and Naqib====<br /> In the fifth Discourse of the book, the author discusses the terms Arif and Naqib, beginning with their linguistic meanings. The word Naqb refers to searching for secrets and hidden information, and a Naqib was someone in charge of a tribe who was knowledgeable about its affairs and of the means to recognize them. The Arif, on the other hand, was a person responsible for the affairs of a group or tribe, aware of their conditions, but of a lower status than the cheif. The author also references a hadith from Imam Ali (A.S.) where Arraf with a particular pronunciation refers to an astronomer or priest. <br /> <br /> The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Espionage and Intelligence. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear Scriptural and Rational Scriptural and Rational Evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Espionage and Intelligence and inquiry is acceptable. <br /> ====Committing Forbidden Acts during Espionage and Intelligence====<br /> In the sixth Discourse of the book, the author raises a key question: “If Espionage and Intelligence requires committing forbidden acts, is it permissible to engage in them?” The author notes that it has been stated that if the only available means is a forbidden act, then engaging in such acts can be justified based on certain Scriptural and Rational Scriptural and Rational Evidence s and texts. He then presents these Scriptural and Rational Scriptural and Rational Evidence s and critiques them.<br /> ==Notes on the Book==<br /> {{column|3}}<br /> # The book is a transcription of Najm al-Din Tabasi’s advanced jurisprudence class (Dars-e-Kharij), penned by one of his students. Perhaps for this reason, various side discussions and unrelated topics are frequently raised throughout the book. In different sections, the author digresses from the main topic into secondary discussions as deemed appropriate. For instance, while narrating a tradition from Tabarsi’s works, the author critiques the last part of the narration that states, &quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: 'Do whatever you wish, for I have forgiven you'&quot; (p. 39). He then brings in Allama Tabatabai’s response to this objection, which takes up about seven pages of the book. Additionally, the author introduces discussions on the narrators (rijal) whenever names of individuals are mentioned, which seems unnecessary. Similarly, when discussing the chain of narrators for one tradition, a biographical discussion is initiated due Nofali being accused of extremism (ghuluw), leading to a lengthy discussion on the Qom scholars’ view on extremism, followed by criticisms of their stance (pp. 88–93).<br /> # The presence of these tangential discussions disrupts the cohesion of the book, leaving the reader with a less structured and consistent narrative. As a result, the flow of the discussion is sometimes lost, and the reader may occasionally feel that the discussion lacks a clear conclusion.<br /> # In many instances, the author could have included topics that are less relevant to the main discussion as footnotes or endnotes instead of integrating them into the main text.<br /> # The author, in discussing the first verse concerning the permissibility of espionage for the benefit of Islam and the Islamic system, argues that the verse on espionage is not general but specifically refers to espionage benefiting the enemy. He interprets &quot;suspicion&quot; in the verse to mean acting on and avoiding backbiting and slander (which do not benefit Muslims), thus restricting the prohibition of espionage to cases that do not benefit Muslims. Therefore, no conflict arises here, as this matter is categorically excluded, and from the outset, espionage for the benefit of Muslims is not included in the type of espionage that the verse addresses; rather, it is specifically excluded and is not prohibited, so no conflict occurs (p. 133). Here, in addition to the reasoning seeming inadequate, the author later states that contrary to our previous opinion, it appears that the exception is a juridical one, not a subjective one. In fact, this type of espionage is one of the instances of prohibited espionage (p. 157).<br /> # In discussing the torture of spies and the validity of confessions obtained under torture, the author refers to two narrations that were related to cases where someone was concealing information; however, it seems that the narrations generally prohibit torture. However, he concludes that narrations prohibiting torture are absolute and, based on this, deduces that torture for extracting confessions from spies is forbidden. <br /> # None of the ten narrations in the section titled &quot;Additional General Narrations on Torture&quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.<br /> # The author could have integrated the discussion on Arif and Naqib under the broader section on narrational evidence regarding espionage. Similarly, the topic of committing forbidden acts during espionage could have been treated as a subsidiary issue within the legal rulings on espionage, rather than being assigned separate chapters or sections.<br /> {{end}}<br /> [[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]<br /> [[category:Books by Najm al-Din Tabasi]]<br /> [[Category:Bibliography Articles]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&diff=2799 2026-05-26T20:03:46Z

<p>Sarfipour: /* Structure of the Book */</p> <hr /> <div>{{infobox book<br /> | title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg<br /> | caption = &lt;!-- Add caption for the image --&gt;<br /> | other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī<br /> | main title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | author = Mohammad Javad Asadi<br /> | date of writing = 2021<br /> | subject = Espionage, Counter-espionage, Islamic Jurisprudence<br /> | style = Analytical, Jurisprudential<br /> | language = Persian<br /> | main language = Persian<br /> | editor = &lt;!-- Add editor name if available --&gt;<br /> | textual editing = &lt;!-- Add textual editing details if relevant --&gt;<br /> | with the efforts of = &lt;!-- Add contributors if relevant --&gt;<br /> | collection = &lt;!-- Add collection name if available --&gt;<br /> | illustrator = &lt;!-- Add illustrator name if available --&gt;<br /> | cover designer = &lt;!-- Add cover designer name if available --&gt;<br /> | volumes = 1<br /> | pages = 400<br /> | size = &lt;!-- Specify dimensions if known --&gt;<br /> | translations = &lt;!-- Add translation details if available --&gt;<br /> | publisher = Islamic Research Institute for Culture and Thought<br /> | publication place = Tehran, Iran<br /> | publication date = 2021 (1st Edition)<br /> | printing = 1st Edition<br /> | print run = &lt;!-- Add print run details if available --&gt;<br /> | isbn = &lt;!-- Add ISBN number if available --&gt;<br /> | media type = Print<br /> | publisher website = &lt;!-- Add publisher website URL --&gt;<br /> | english name = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | translator = &lt;!-- Add translator name if available --&gt;<br /> | publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)<br /> | electronic version= &lt;!-- Add link to electronic version if available --&gt;<br /> | other volumes = &lt;!-- Add details of other volumes if available --&gt;<br /> }}<br /> {{Author<br /> |author = Mostafa haghanifazl<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }} <br /> * '''abstract'''<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%A8%D8%A7%D9%86%DB%8C_%D9%81%D9%82%D9%87%DB%8C_%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_%D9%88_%D8%B6%D8%AF%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مبانی فقهی جاسوسی و ضدجاسوسی]) is a summary and compilation of the jurisprudential discussions by Shaykh [[Najm al-Din Tabasi]] at the The Islamic Seminary in Qom. This work was printed and published after being reviewed and Revised by him. In this book, jurisprudential discussions regarding Espionage and Intelligence are presented in five Discourses. The author uses Quranic verses, narrations, and historical texts to present and analyze the different aspects of Espionage and Intelligence. After defining and categorizing various types of Espionage and Intelligence, the author proceeds to detail the ruling (hukm) for each category. Throughout the main discussion, related secondary issues concerning Espionage and Intelligence have also been addressed.<br /> == A Brief Look at the Book ==<br /> The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence, authored by [[Najm al-Din Moravveji Tabasi]], is a scholarly work within the domain of political jurisprudence. It was published in collaboration with Markaz e-Takhasussi e-Aimmah al-Athar (A). This book is a Compilation of Lectures by Shaykh Najm al-Din Tabasi at the The Islamic Seminary in Qom, which has been published after his review and revision. This work aims to study the Juridical Opinions regarding Espionage and Intelligence — which has been categorized into several types in the text — through an examination of relevant narrations and the legal Juridical Opinions of jurists from Shi’i and Sunni Schools (Shia and Sunni), along with issues related to it. These issues include matters such as committing Prohibited Acts for the purpose of Espionage and Intelligence, the status of agreements and Safe Conduct to spies, torturing spies, extracting Admissions from them, and interpreting the legitimacy of Espionage and Intelligence based on narrations concerning the appointment of an Arif (a recognized leader or expert in a community) and Naqib (a representative or head of a tribe).<br /> === About the Author ===<br /> Najm al-Din Maruji Tabasi (born 1334 SH ) is a Senior Professor of Advanced Seminar in Islamic jurisprudence at the The Islamic Seminary of Qom. He has authored over 27 works, some of which adopt a Juridical-Legalistic Approach. His notable works include:<br /> <br /> - Al-Dirasat al-Fiqhiyya fi Masa'il Khilafiyya (Jurisprudential Studies on Controversial Issues)<br /> <br /> - Al-Zawaj al-Muwaqqat 'inda al-Sahaba wa al-Tabi'in (Temporary Marriage Among the Companions and Successors)<br /> <br /> - Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid'a (Excommunication Between Tradition and Innovation)<br /> <br /> - Tab’id dar Islam (Exile in Islam)<br /> - Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)<br /> <br /> - Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Juridical Opinions)<br /> <br /> <br /> == Structure of the Book ==<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence is organized into five Discourses (maqām), with each Discourse further divided into chapters, depending on the depth of the discussion, and presenting various topics.<br /> <br /> First Discourse: The Meaning of Espionage and Intelligence <br /> <br /> In this Discourse, the linguistic and terminological meanings of Espionage and Intelligence are examined.<br /> <br /> Second Discourse: Types of Espionage and Intelligence and Spies<br /> Here, the author categorizes Espionage and Intelligence into five types and classifies spies into two categories.<br /> <br /> Third Discourse: The Ruling on Espionage and Intelligence<br /> <br /> This Discourse is presented in two chapters:<br /> <br /> 1. Espionage and Intelligence benefiting Inimical Powers (kufr) and in its interests.<br /> <br /> 2. Espionage and Intelligence benefiting Islam and the The Islamic Polity.<br /> <br /> The first chapter includes three discussions:<br /> <br /> a) The ruling on a Muslim spy according to the fatwas of Shia jurists.<br /> <br /> b) The perspectives of Sunni jurists.<br /> <br /> c) The jurisprudential Scriptural and Rational Scriptural and Rational Evidence for the ruling.<br /> <br /> Fourth Discourse: On Arif and Naqib<br /> <br /> Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Espionage and Intelligence?<br /> <br /> Fifth Discourse: Committing Prohibited Acts During Espionage and Intelligence<br /> <br /> Is it permissible to commit Prohibited Acts in the process of Espionage and Intelligence?<br /> <br /> <br /> <br /> == Meaning and Types of Espionage and Intelligence ==<br /> In the first Discourse, the author discusses the linguistic meaning of Tajassus ( Espionage and Intelligence) using various lexical sources. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.<br /> <br /> In the second Discourse, Espionage and Intelligence is classified based on its benefit or lack thereof:<br /> <br /> 1. Investigating personal affairs without any rational motivation (i.e., meddling).<br /> <br /> 2. Espionage and Intelligence driven by corrupt intentions.<br /> <br /> 3. Espionage and Intelligence with a rational and legitimate purpose.<br /> <br /> The third category is further divided into:<br /> <br /> a) Espionage and Intelligence for a necessary purpose, such as preserving the The Islamic Polity.<br /> <br /> b) Espionage and Intelligence for a commendable purpose, such as identifying qualified individuals.<br /> <br /> Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): <br /> <br /> 1. Spies working in favor of the enemies of Islam. <br /> <br /> 2. Spies working in favor of the Islamic state. <br /> ==Espionage and Intelligence Benefiting Inimical Powers (Kufr)==<br /> === The Ruling on a Muslim Spy ===<br /> In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. <br /> <br /> 1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to execution. However, some contemporary scholars have ruled for the death penalty in cases where Espionage and Intelligence is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).<br /> <br /> 2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, execution, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.<br /> <br /> 3. Jurisprudential Scriptural and Rational Scriptural and Rational Evidence : The author presents five pieces of Scriptural and Rational Scriptural and Rational Evidence :<br /> <br /> - Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam). <br /> <br /> - A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the execution of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.<br /> <br /> - A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Espionage and Intelligence.<br /> In the first three Scriptural and Rational Scriptural and Rational Evidence s, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable Scriptural and Rational Scriptural and Rational Evidence to justify the execution of a Muslim spy. Based on the principle of precaution and available Scriptural and Rational Scriptural and Rational Evidence , he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).<br /> <br /> Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Espionage and Intelligence, and another where the person converted to Islam after committing Espionage and Intelligence. In both cases, he finds the narration insufficient to justify execution.<br /> <br /> As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Espionage and Intelligence, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Juridical Opinions of Shia jurists.<br /> === Ruling on a Non-Muslim Spy ===<br /> There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the execution of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal Juridical Opinions, and they are included in the book mainly to provide a comprehensive discussion.<br /> <br /> The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is execution. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a Admission.<br /> ==== The Dhimmi Spy and the Musta'min Spy ====<br /> In the context of non-Muslim spies, the author explores two jurisprudential branches: <br /> <br /> a) Does Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: <br /> <br /> 1. Espionage and Intelligence immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected. <br /> <br /> 2. It depends on the terms of the Dhimmah agreement. If refraining from Espionage and Intelligence is one of the conditions, then their blood is forfeit. However, the conditions of the Dhimmah contract are not fixed, meaning that the ruler, based on his discretion, can add or remove certain conditions.<br /> <br /> The author also refers to various Sunni opinions, including execution or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: &quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&quot;<br /> <br /> b) The Ruling on a Mu'ahid or Musta'min Spy<br /> <br /> The ruling on a spy who is a treaty-holder (Mu'ahid) or a person under temporary protection (Musta'min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: <br /> <br /> In this Discourse, the author presents the views of Shia scholars, who state that if the Imam finds that the spy has committed an offense punishable by hudud (legal punishment) or ta'zir (discretionary punishment), the appropriate punishment is carried out. However, if no legal claim is established against the spy, they are sent back to their homeland. Moreover, Muslims are permitted to prevent an enemy spy from returning to their own territory. <br /> === Torture of Spies and the Validity of Admission Under Torture ===<br /> Regarding the discussion of torturing spies and the validity of Admissions obtained under torture, the author presents two viewpoints: one permitting and the other prohibiting torture, as well as rejecting the validity of Admissions made under duress. The proponents and their reasoning for each stance are also discussed. <br /> <br /> Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &quot;Views of Shia Jurists&quot; and &quot;Views of Sunni Jurists,&quot; the opinions of some scholars from are presented. <br /> <br /> In the end, the author concludes that torturing someone to force a Admission from them is unlawful. Such an act constitutes a form of domination or authority over another person, and the basic principle is that no one has authority over another, except when justified by a valid reason (such as necessity or public interest). <br /> == Espionage and Intelligence for the Benefit of Islam and the Islamic System ==<br /> In this Discourse, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each: <br /> <br /> In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each: <br /> <br /> 1. [[Surah Al-Hujurat, verse 12]]: The conclusion is that the verse addresses spying for the benefit of disbelievers or, at the very least, in matters of individual and social affairs. The verse forbids investigating hidden matters and faults. <br /> <br /> 2. [[Surah An-Nur, verse 19]]: The conclusion is that this verse does not relate to Espionage and Intelligence or have any direct connection to the topic. <br /> <br /> 3. [[Surah Al-Anfal, verse 27]]: <br /> <br /> - The context of the verse is debated:<br /> <br /> 1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.<br /> <br /> 2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.<br /> <br /> 3. The story of Abu Lubaba during the war with Banu Qurayza.<br /> <br /> Based on the first and third explanations, the verse is related to the prohibition of Espionage and Intelligence. However, the second explanation pertains more to the prohibition of spreading and disclosing secrets, which may not be entirely relevant to Espionage and Intelligence.<br /> == Supplementary Discussions ==<br /> ====Juridical or Subject-Specific Exception?====<br /> Is Espionage and Intelligence for the benefit of the Islamic system and national security considered unlawful? If it is not prohibited, is the exception due to a juridical or subject-specific exemption?<br /> <br /> The author, in response to this question, writes that contrary to his earlier view, this type of Espionage and Intelligence falls under a juridical exemption, not a subject-specific one. In fact, this type of Espionage and Intelligence still constitutes a form of prohibited Espionage and Intelligence. In this type of Espionage and Intelligence, expediency merely is not sufficient to lift the prohibition; a stronger expediency must exist because, in cases of conflict, the more important takes precedence (similar to the case of not executing a coerced murderer or exceptions to gossip). Espionage and Intelligence is prohibited, but the preservation of the [Islamic] system is obligatory, and in the presence of conflict and the prioritization of the more significant matter, Espionage and Intelligence is permissible; thus, the exemption here is judicial in nature. However, some instances of Espionage and Intelligence have a subjective exemption; for example, if they do not fall under the category of probing into the faults of others (such as polling public satisfaction regarding the government) or if they do not involve uncovering hidden matters, like when a person openly commits a sin and does not conceal their wrongdoing.<br /> ==== The Use of Spies in the Lives of the Infallibles ====<br /> To prove the appropriateness and necessity of this practice, the author presents eight historical and narrational examples from the lives of the Infallibles. These instances demonstrate either direct involvement in Espionage and Intelligence, or sending of spies or approval of spy operations. Any objections to these texts do not pose a problem, as their abundance has reached the level of certainty, confirming that some of them were indeed sanctioned by the Infallibles. <br /> === Sunni Narrations on Military Affairs during the Prophet’s Time ===<br /> In this Discourse, the author lists fifteen narrations that show how the Prophet (PBUH) used intelligence provided by others about enemy movements during wars and different circumstances, or how he himself ordered Espionage and Intelligence. The author highlights the narration from Ibn Hisham as one of the most significant examples. This narration refers to when the Quraysh abandoned their siege of Medina and retreated toward Mecca. The Prophet (PBUH) instructed Imam Ali (A.S) to spy on them to ensure their intentions. The Prophet told Imam Ali: “If they are riding camels and their horses are loose, they are headed for Mecca. But if they are riding horses and their camels are untied, they intend to return and attack.” This is because the Infallible (the Prophet) orders Espionage and Intelligence, and another Infallible (Imam Ali) is tasked with spying.<br /> <br /> Furthermore, the author believes that the narration from Ibn Sa'd (in the expedition of Usamah ibn Zayd ibn Harithah, the Messenger of God instructed Usamah: “Take guides with you and send out spies ahead of you”) conveys a meaning that goes beyond mere permissibility of Espionage and Intelligence; it indicates its obligation.<br /> ====The Role of Arif and Naqib====<br /> In the fifth Discourse of the book, the author discusses the terms Arif and Naqib, beginning with their linguistic meanings. The word Naqb refers to searching for secrets and hidden information, and a Naqib was someone in charge of a tribe who was knowledgeable about its affairs and of the means to recognize them. The Arif, on the other hand, was a person responsible for the affairs of a group or tribe, aware of their conditions, but of a lower status than the cheif. The author also references a hadith from Imam Ali (A.S.) where Arraf with a particular pronunciation refers to an astronomer or priest. <br /> <br /> The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Espionage and Intelligence. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear Scriptural and Rational Scriptural and Rational Evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Espionage and Intelligence and inquiry is acceptable. <br /> ====Committing Forbidden Acts during Espionage and Intelligence====<br /> In the sixth Discourse of the book, the author raises a key question: “If Espionage and Intelligence requires committing forbidden acts, is it permissible to engage in them?” The author notes that it has been stated that if the only available means is a forbidden act, then engaging in such acts can be justified based on certain Scriptural and Rational Scriptural and Rational Evidence s and texts. He then presents these Scriptural and Rational Scriptural and Rational Evidence s and critiques them.<br /> ==Notes on the Book==<br /> {{column|3}}<br /> # The book is a transcription of Najm al-Din Tabasi’s advanced jurisprudence class (Dars-e-Kharij), penned by one of his students. Perhaps for this reason, various side discussions and unrelated topics are frequently raised throughout the book. In different sections, the author digresses from the main topic into secondary discussions as deemed appropriate. For instance, while narrating a tradition from Tabarsi’s works, the author critiques the last part of the narration that states, &quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: 'Do whatever you wish, for I have forgiven you'&quot; (p. 39). He then brings in Allama Tabatabai’s response to this objection, which takes up about seven pages of the book. Additionally, the author introduces discussions on the narrators (rijal) whenever names of individuals are mentioned, which seems unnecessary. Similarly, when discussing the chain of narrators for one tradition, a biographical discussion is initiated due Nofali being accused of extremism (ghuluw), leading to a lengthy discussion on the Qom scholars’ view on extremism, followed by criticisms of their stance (pp. 88–93).<br /> # The presence of these tangential discussions disrupts the cohesion of the book, leaving the reader with a less structured and consistent narrative. As a result, the flow of the discussion is sometimes lost, and the reader may occasionally feel that the discussion lacks a clear conclusion.<br /> # In many instances, the author could have included topics that are less relevant to the main discussion as footnotes or endnotes instead of integrating them into the main text.<br /> # The author, in discussing the first verse concerning the permissibility of espionage for the benefit of Islam and the Islamic system, argues that the verse on espionage is not general but specifically refers to espionage benefiting the enemy. He interprets &quot;suspicion&quot; in the verse to mean acting on and avoiding backbiting and slander (which do not benefit Muslims), thus restricting the prohibition of espionage to cases that do not benefit Muslims. Therefore, no conflict arises here, as this matter is categorically excluded, and from the outset, espionage for the benefit of Muslims is not included in the type of espionage that the verse addresses; rather, it is specifically excluded and is not prohibited, so no conflict occurs (p. 133). Here, in addition to the reasoning seeming inadequate, the author later states that contrary to our previous opinion, it appears that the exception is a juridical one, not a subjective one. In fact, this type of espionage is one of the instances of prohibited espionage (p. 157).<br /> # In discussing the torture of spies and the validity of confessions obtained under torture, the author refers to two narrations that were related to cases where someone was concealing information; however, it seems that the narrations generally prohibit torture. However, he concludes that narrations prohibiting torture are absolute and, based on this, deduces that torture for extracting confessions from spies is forbidden. <br /> # None of the ten narrations in the section titled &quot;Additional General Narrations on Torture&quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.<br /> # The author could have integrated the discussion on Arif and Naqib under the broader section on narrational evidence regarding espionage. Similarly, the topic of committing forbidden acts during espionage could have been treated as a subsidiary issue within the legal rulings on espionage, rather than being assigned separate chapters or sections.<br /> {{end}}<br /> [[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]<br /> [[category:Books by Najm al-Din Tabasi]]<br /> [[Category:Bibliography Articles]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&diff=2798 2026-05-26T19:49:51Z

<p>Sarfipour: /* Structure of the Book */</p> <hr /> <div>{{infobox book<br /> | title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg<br /> | caption = &lt;!-- Add caption for the image --&gt;<br /> | other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī<br /> | main title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | author = Mohammad Javad Asadi<br /> | date of writing = 2021<br /> | subject = Espionage, Counter-espionage, Islamic Jurisprudence<br /> | style = Analytical, Jurisprudential<br /> | language = Persian<br /> | main language = Persian<br /> | editor = &lt;!-- Add editor name if available --&gt;<br /> | textual editing = &lt;!-- Add textual editing details if relevant --&gt;<br /> | with the efforts of = &lt;!-- Add contributors if relevant --&gt;<br /> | collection = &lt;!-- Add collection name if available --&gt;<br /> | illustrator = &lt;!-- Add illustrator name if available --&gt;<br /> | cover designer = &lt;!-- Add cover designer name if available --&gt;<br /> | volumes = 1<br /> | pages = 400<br /> | size = &lt;!-- Specify dimensions if known --&gt;<br /> | translations = &lt;!-- Add translation details if available --&gt;<br /> | publisher = Islamic Research Institute for Culture and Thought<br /> | publication place = Tehran, Iran<br /> | publication date = 2021 (1st Edition)<br /> | printing = 1st Edition<br /> | print run = &lt;!-- Add print run details if available --&gt;<br /> | isbn = &lt;!-- Add ISBN number if available --&gt;<br /> | media type = Print<br /> | publisher website = &lt;!-- Add publisher website URL --&gt;<br /> | english name = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | translator = &lt;!-- Add translator name if available --&gt;<br /> | publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)<br /> | electronic version= &lt;!-- Add link to electronic version if available --&gt;<br /> | other volumes = &lt;!-- Add details of other volumes if available --&gt;<br /> }}<br /> {{Author<br /> |author = Mostafa haghanifazl<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }} <br /> * '''abstract'''<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%A8%D8%A7%D9%86%DB%8C_%D9%81%D9%82%D9%87%DB%8C_%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_%D9%88_%D8%B6%D8%AF%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مبانی فقهی جاسوسی و ضدجاسوسی]) is a summary and compilation of the jurisprudential discussions by Shaykh [[Najm al-Din Tabasi]] at the The Islamic Seminary in Qom. This work was printed and published after being reviewed and Revised by him. In this book, jurisprudential discussions regarding Espionage and Intelligence are presented in five Discourses. The author uses Quranic verses, narrations, and historical texts to present and analyze the different aspects of Espionage and Intelligence. After defining and categorizing various types of Espionage and Intelligence, the author proceeds to detail the ruling (hukm) for each category. Throughout the main discussion, related secondary issues concerning Espionage and Intelligence have also been addressed.<br /> == A Brief Look at the Book ==<br /> The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence, authored by [[Najm al-Din Moravveji Tabasi]], is a scholarly work within the domain of political jurisprudence. It was published in collaboration with Markaz e-Takhasussi e-Aimmah al-Athar (A). This book is a Compilation of Lectures by Shaykh Najm al-Din Tabasi at the The Islamic Seminary in Qom, which has been published after his review and revision. This work aims to study the Juridical Opinions regarding Espionage and Intelligence — which has been categorized into several types in the text — through an examination of relevant narrations and the legal Juridical Opinions of jurists from Shi’i and Sunni Schools (Shia and Sunni), along with issues related to it. These issues include matters such as committing Prohibited Acts for the purpose of Espionage and Intelligence, the status of agreements and Safe Conduct to spies, torturing spies, extracting Admissions from them, and interpreting the legitimacy of Espionage and Intelligence based on narrations concerning the appointment of an Arif (a recognized leader or expert in a community) and Naqib (a representative or head of a tribe).<br /> === About the Author ===<br /> Najm al-Din Maruji Tabasi (born 1334 SH ) is a Senior Professor of Advanced Seminar in Islamic jurisprudence at the The Islamic Seminary of Qom. He has authored over 27 works, some of which adopt a Juridical-Legalistic Approach. His notable works include:<br /> <br /> - Al-Dirasat al-Fiqhiyya fi Masa'il Khilafiyya (Jurisprudential Studies on Controversial Issues)<br /> <br /> - Al-Zawaj al-Muwaqqat 'inda al-Sahaba wa al-Tabi'in (Temporary Marriage Among the Companions and Successors)<br /> <br /> - Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid'a (Excommunication Between Tradition and Innovation)<br /> <br /> - Tab’id dar Islam (Exile in Islam)<br /> - Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)<br /> <br /> - Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Juridical Opinions)<br /> <br /> <br /> == Structure of the Book ==<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence is organized into five Discourses (maqām), with each Discourse further divided into chapters, depending on the depth of the discussion, and presenting various topics.<br /> <br /> First Discourse: The Meaning of Espionage and Intelligence <br /> In this Discourse, the linguistic and terminological meanings of Espionage and Intelligence are examined.<br /> <br /> Second Discourse: Types of Espionage and Intelligence and Spies<br /> Here, the author categorizes Espionage and Intelligence into five types and classifies spies into two categories.<br /> <br /> Third Discourse: The Ruling on Espionage and Intelligence<br /> <br /> This Discourse is presented in two chapters:<br /> <br /> 1. Espionage and Intelligence benefiting Inimical Powers (kufr) and in its interests.<br /> <br /> 2. Espionage and Intelligence benefiting Islam and the The Islamic Polity.<br /> <br /> The first chapter includes three discussions:<br /> <br /> a) The ruling on a Muslim spy according to the fatwas of Shia jurists.<br /> <br /> b) The perspectives of Sunni jurists.<br /> <br /> c) The jurisprudential evidence for the ruling.<br /> <br /> Fourth Discourse: On Arif and Naqib<br /> Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Espionage and Intelligence?<br /> <br /> Fifth Discourse: Committing Prohibited Acts During Espionage and Intelligence<br /> Is it permissible to commit Prohibited Acts in the process of Espionage and Intelligence?<br /> <br /> <br /> == Meaning and Types of Espionage and Intelligence ==<br /> In the first Discourse, the author discusses the linguistic meaning of Tajassus ( Espionage and Intelligence) using various lexical sources. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.<br /> In the second Discourse, Espionage and Intelligence is classified based on its benefit or lack thereof:<br /> <br /> 1. Investigating personal affairs without any rational motivation (i.e., meddling).<br /> <br /> 2. Espionage and Intelligence driven by corrupt intentions.<br /> <br /> 3. Espionage and Intelligence with a rational and legitimate purpose.<br /> The third category is further divided into:<br /> <br /> a) Espionage and Intelligence for a necessary purpose, such as preserving the The Islamic Polity.<br /> <br /> b) Espionage and Intelligence for a commendable purpose, such as identifying qualified individuals.<br /> <br /> Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): <br /> <br /> 1. Spies working in favor of the enemies of Islam. <br /> <br /> 2. Spies working in favor of the Islamic state. <br /> ==Espionage and Intelligence Benefiting Inimical Powers (Kufr)==<br /> === The Ruling on a Muslim Spy ===<br /> In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. <br /> <br /> 1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to execution. However, some contemporary scholars have ruled for the death penalty in cases where Espionage and Intelligence is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).<br /> <br /> 2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, execution, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.<br /> <br /> 3. Jurisprudential Evidence: The author presents five pieces of evidence:<br /> <br /> - Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam). <br /> <br /> - A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the execution of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.<br /> <br /> - A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Espionage and Intelligence.<br /> In the first three evidences, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable evidence to justify the execution of a Muslim spy. Based on the principle of precaution and available evidence, he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).<br /> <br /> Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Espionage and Intelligence, and another where the person converted to Islam after committing Espionage and Intelligence. In both cases, he finds the narration insufficient to justify execution.<br /> <br /> As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Espionage and Intelligence, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Juridical Opinions of Shia jurists.<br /> === Ruling on a Non-Muslim Spy ===<br /> There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the execution of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal Juridical Opinions, and they are included in the book mainly to provide a comprehensive discussion.<br /> <br /> The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is execution. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a Admission.<br /> ==== The Dhimmi Spy and the Musta'min Spy ====<br /> In the context of non-Muslim spies, the author explores two jurisprudential branches:<br /> a) Does Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: <br /> <br /> 1. Espionage and Intelligence immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected. <br /> <br /> 2. It depends on the terms of the Dhimmah agreement. If refraining from Espionage and Intelligence is one of the conditions, then their blood is forfeit. However, the conditions of the Dhimmah contract are not fixed, meaning that the ruler, based on his discretion, can add or remove certain conditions.<br /> <br /> The author also refers to various Sunni opinions, including execution or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: &quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&quot;<br /> <br /> b) The Ruling on a Mu'ahid or Musta'min Spy<br /> <br /> The ruling on a spy who is a treaty-holder (Mu'ahid) or a person under temporary protection (Musta'min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: <br /> <br /> In this Discourse, the author presents the views of Shia scholars, who state that if the Imam finds that the spy has committed an offense punishable by hudud (legal punishment) or ta'zir (discretionary punishment), the appropriate punishment is carried out. However, if no legal claim is established against the spy, they are sent back to their homeland. Moreover, Muslims are permitted to prevent an enemy spy from returning to their own territory. <br /> === Torture of Spies and the Validity of Admission Under Torture ===<br /> Regarding the discussion of torturing spies and the validity of Admissions obtained under torture, the author presents two viewpoints: one permitting and the other prohibiting torture, as well as rejecting the validity of Admissions made under duress. The proponents and their reasoning for each stance are also discussed. <br /> <br /> Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &quot;Views of Shia Jurists&quot; and &quot;Views of Sunni Jurists,&quot; the opinions of some scholars from are presented.<br /> In the end, the author concludes that torturing someone to force a Admission from them is unlawful. Such an act constitutes a form of domination or authority over another person, and the basic principle is that no one has authority over another, except when justified by a valid reason (such as necessity or public interest). <br /> == Espionage and Intelligence for the Benefit of Islam and the Islamic System ==<br /> In this Discourse, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each:<br /> In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each:<br /> 1. [[Surah Al-Hujurat, verse 12]]: The conclusion is that the verse addresses spying for the benefit of disbelievers or, at the very least, in matters of individual and social affairs. The verse forbids investigating hidden matters and faults.<br /> 2. [[Surah An-Nur, verse 19]]: The conclusion is that this verse does not relate to Espionage and Intelligence or have any direct connection to the topic.<br /> 3. [[Surah Al-Anfal, verse 27]]: <br /> <br /> - The context of the verse is debated:<br /> <br /> 1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.<br /> <br /> 2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.<br /> <br /> 3. The story of Abu Lubaba during the war with Banu Qurayza.<br /> <br /> Based on the first and third explanations, the verse is related to the prohibition of Espionage and Intelligence. However, the second explanation pertains more to the prohibition of spreading and disclosing secrets, which may not be entirely relevant to Espionage and Intelligence.<br /> == Supplementary Discussions ==<br /> ====Juridical or Subject-Specific Exception?====<br /> Is Espionage and Intelligence for the benefit of the Islamic system and national security considered unlawful? If it is not prohibited, is the exception due to a juridical or subject-specific exemption?<br /> <br /> The author, in response to this question, writes that contrary to his earlier view, this type of Espionage and Intelligence falls under a juridical exemption, not a subject-specific one. In fact, this type of Espionage and Intelligence still constitutes a form of prohibited Espionage and Intelligence. In this type of Espionage and Intelligence, expediency merely is not sufficient to lift the prohibition; a stronger expediency must exist because, in cases of conflict, the more important takes precedence (similar to the case of not executing a coerced murderer or exceptions to gossip). Espionage and Intelligence is prohibited, but the preservation of the [Islamic] system is obligatory, and in the presence of conflict and the prioritization of the more significant matter, Espionage and Intelligence is permissible; thus, the exemption here is judicial in nature. However, some instances of Espionage and Intelligence have a subjective exemption; for example, if they do not fall under the category of probing into the faults of others (such as polling public satisfaction regarding the government) or if they do not involve uncovering hidden matters, like when a person openly commits a sin and does not conceal their wrongdoing.<br /> ==== The Use of Spies in the Lives of the Infallibles ====<br /> To prove the appropriateness and necessity of this practice, the author presents eight historical and narrational examples from the lives of the Infallibles. These instances demonstrate either direct involvement in Espionage and Intelligence, or sending of spies or approval of spy operations. Any objections to these texts do not pose a problem, as their abundance has reached the level of certainty, confirming that some of them were indeed sanctioned by the Infallibles. <br /> === Sunni Narrations on Military Affairs during the Prophet’s Time ===<br /> In this Discourse, the author lists fifteen narrations that show how the Prophet (PBUH) used intelligence provided by others about enemy movements during wars and different circumstances, or how he himself ordered Espionage and Intelligence. The author highlights the narration from Ibn Hisham as one of the most significant examples. This narration refers to when the Quraysh abandoned their siege of Medina and retreated toward Mecca. The Prophet (PBUH) instructed Imam Ali (A.S) to spy on them to ensure their intentions. The Prophet told Imam Ali: “If they are riding camels and their horses are loose, they are headed for Mecca. But if they are riding horses and their camels are untied, they intend to return and attack.” This is because the Infallible (the Prophet) orders Espionage and Intelligence, and another Infallible (Imam Ali) is tasked with spying.<br /> <br /> Furthermore, the author believes that the narration from Ibn Sa'd (in the expedition of Usamah ibn Zayd ibn Harithah, the Messenger of God instructed Usamah: “Take guides with you and send out spies ahead of you”) conveys a meaning that goes beyond mere permissibility of Espionage and Intelligence; it indicates its obligation.<br /> ====The Role of Arif and Naqib====<br /> In the fifth Discourse of the book, the author discusses the terms Arif and Naqib, beginning with their linguistic meanings. The word Naqb refers to searching for secrets and hidden information, and a Naqib was someone in charge of a tribe who was knowledgeable about its affairs and of the means to recognize them. The Arif, on the other hand, was a person responsible for the affairs of a group or tribe, aware of their conditions, but of a lower status than the cheif. The author also references a hadith from Imam Ali (A.S.) where Arraf with a particular pronunciation refers to an astronomer or priest. <br /> <br /> The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Espionage and Intelligence. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Espionage and Intelligence and inquiry is acceptable. <br /> ====Committing Forbidden Acts during Espionage and Intelligence====<br /> In the sixth Discourse of the book, the author raises a key question: “If Espionage and Intelligence requires committing forbidden acts, is it permissible to engage in them?” The author notes that it has been stated that if the only available means is a forbidden act, then engaging in such acts can be justified based on certain evidences and texts. He then presents these evidences and critiques them.<br /> ==Notes on the Book==<br /> {{column|3}}<br /> # The book is a transcription of Najm al-Din Tabasi’s advanced jurisprudence class (Dars-e-Kharij), penned by one of his students. Perhaps for this reason, various side discussions and unrelated topics are frequently raised throughout the book. In different sections, the author digresses from the main topic into secondary discussions as deemed appropriate. For instance, while narrating a tradition from Tabarsi’s works, the author critiques the last part of the narration that states, &quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: 'Do whatever you wish, for I have forgiven you'&quot; (p. 39). He then brings in Allama Tabatabai’s response to this objection, which takes up about seven pages of the book. Additionally, the author introduces discussions on the narrators (rijal) whenever names of individuals are mentioned, which seems unnecessary. Similarly, when discussing the chain of narrators for one tradition, a biographical discussion is initiated due Nofali being accused of extremism (ghuluw), leading to a lengthy discussion on the Qom scholars’ view on extremism, followed by criticisms of their stance (pp. 88–93).<br /> # The presence of these tangential discussions disrupts the cohesion of the book, leaving the reader with a less structured and consistent narrative. As a result, the flow of the discussion is sometimes lost, and the reader may occasionally feel that the discussion lacks a clear conclusion.<br /> # In many instances, the author could have included topics that are less relevant to the main discussion as footnotes or endnotes instead of integrating them into the main text.<br /> # The author, in discussing the first verse concerning the permissibility of espionage for the benefit of Islam and the Islamic system, argues that the verse on espionage is not general but specifically refers to espionage benefiting the enemy. He interprets &quot;suspicion&quot; in the verse to mean acting on and avoiding backbiting and slander (which do not benefit Muslims), thus restricting the prohibition of espionage to cases that do not benefit Muslims. Therefore, no conflict arises here, as this matter is categorically excluded, and from the outset, espionage for the benefit of Muslims is not included in the type of espionage that the verse addresses; rather, it is specifically excluded and is not prohibited, so no conflict occurs (p. 133). Here, in addition to the reasoning seeming inadequate, the author later states that contrary to our previous opinion, it appears that the exception is a juridical one, not a subjective one. In fact, this type of espionage is one of the instances of prohibited espionage (p. 157).<br /> # In discussing the torture of spies and the validity of confessions obtained under torture, the author refers to two narrations that were related to cases where someone was concealing information; however, it seems that the narrations generally prohibit torture. However, he concludes that narrations prohibiting torture are absolute and, based on this, deduces that torture for extracting confessions from spies is forbidden. <br /> # None of the ten narrations in the section titled &quot;Additional General Narrations on Torture&quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.<br /> # The author could have integrated the discussion on Arif and Naqib under the broader section on narrational evidence regarding espionage. Similarly, the topic of committing forbidden acts during espionage could have been treated as a subsidiary issue within the legal rulings on espionage, rather than being assigned separate chapters or sections.<br /> {{end}}<br /> [[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]<br /> [[category:Books by Najm al-Din Tabasi]]<br /> [[Category:Bibliography Articles]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&diff=2797 2026-05-26T19:47:57Z

<p>Sarfipour: /* Structure of the Book */</p> <hr /> <div>{{infobox book<br /> | title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg<br /> | caption = &lt;!-- Add caption for the image --&gt;<br /> | other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī<br /> | main title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | author = Mohammad Javad Asadi<br /> | date of writing = 2021<br /> | subject = Espionage, Counter-espionage, Islamic Jurisprudence<br /> | style = Analytical, Jurisprudential<br /> | language = Persian<br /> | main language = Persian<br /> | editor = &lt;!-- Add editor name if available --&gt;<br /> | textual editing = &lt;!-- Add textual editing details if relevant --&gt;<br /> | with the efforts of = &lt;!-- Add contributors if relevant --&gt;<br /> | collection = &lt;!-- Add collection name if available --&gt;<br /> | illustrator = &lt;!-- Add illustrator name if available --&gt;<br /> | cover designer = &lt;!-- Add cover designer name if available --&gt;<br /> | volumes = 1<br /> | pages = 400<br /> | size = &lt;!-- Specify dimensions if known --&gt;<br /> | translations = &lt;!-- Add translation details if available --&gt;<br /> | publisher = Islamic Research Institute for Culture and Thought<br /> | publication place = Tehran, Iran<br /> | publication date = 2021 (1st Edition)<br /> | printing = 1st Edition<br /> | print run = &lt;!-- Add print run details if available --&gt;<br /> | isbn = &lt;!-- Add ISBN number if available --&gt;<br /> | media type = Print<br /> | publisher website = &lt;!-- Add publisher website URL --&gt;<br /> | english name = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | translator = &lt;!-- Add translator name if available --&gt;<br /> | publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)<br /> | electronic version= &lt;!-- Add link to electronic version if available --&gt;<br /> | other volumes = &lt;!-- Add details of other volumes if available --&gt;<br /> }}<br /> {{Author<br /> |author = Mostafa haghanifazl<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }} <br /> * '''abstract'''<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%A8%D8%A7%D9%86%DB%8C_%D9%81%D9%82%D9%87%DB%8C_%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_%D9%88_%D8%B6%D8%AF%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مبانی فقهی جاسوسی و ضدجاسوسی]) is a summary and compilation of the jurisprudential discussions by Shaykh [[Najm al-Din Tabasi]] at the The Islamic Seminary in Qom. This work was printed and published after being reviewed and Revised by him. In this book, jurisprudential discussions regarding Espionage and Intelligence are presented in five Discourses. The author uses Quranic verses, narrations, and historical texts to present and analyze the different aspects of Espionage and Intelligence. After defining and categorizing various types of Espionage and Intelligence, the author proceeds to detail the ruling (hukm) for each category. Throughout the main discussion, related secondary issues concerning Espionage and Intelligence have also been addressed.<br /> == A Brief Look at the Book ==<br /> The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence, authored by [[Najm al-Din Moravveji Tabasi]], is a scholarly work within the domain of political jurisprudence. It was published in collaboration with Markaz e-Takhasussi e-Aimmah al-Athar (A). This book is a Compilation of Lectures by Shaykh Najm al-Din Tabasi at the The Islamic Seminary in Qom, which has been published after his review and revision. This work aims to study the Juridical Opinions regarding Espionage and Intelligence — which has been categorized into several types in the text — through an examination of relevant narrations and the legal Juridical Opinions of jurists from Shi’i and Sunni Schools (Shia and Sunni), along with issues related to it. These issues include matters such as committing Prohibited Acts for the purpose of Espionage and Intelligence, the status of agreements and Safe Conduct to spies, torturing spies, extracting Admissions from them, and interpreting the legitimacy of Espionage and Intelligence based on narrations concerning the appointment of an Arif (a recognized leader or expert in a community) and Naqib (a representative or head of a tribe).<br /> === About the Author ===<br /> Najm al-Din Maruji Tabasi (born 1334 SH ) is a Senior Professor of Advanced Seminar in Islamic jurisprudence at the The Islamic Seminary of Qom. He has authored over 27 works, some of which adopt a Juridical-Legalistic Approach. His notable works include:<br /> <br /> - Al-Dirasat al-Fiqhiyya fi Masa'il Khilafiyya (Jurisprudential Studies on Controversial Issues)<br /> <br /> - Al-Zawaj al-Muwaqqat 'inda al-Sahaba wa al-Tabi'in (Temporary Marriage Among the Companions and Successors)<br /> <br /> - Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid'a (Excommunication Between Tradition and Innovation)<br /> <br /> - Tab’id dar Islam (Exile in Islam)<br /> - Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)<br /> <br /> - Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Juridical Opinions)<br /> <br /> <br /> == Structure of the Book ==<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence is organized into five Discourses (maqām), with each Discourse further divided into chapters, depending on the depth of the discussion, and presenting various topics.<br /> <br /> First Discourse: The Meaning of Espionage and Intelligence <br /> In this Discourse, the linguistic and terminological meanings of Espionage and Intelligence are examined.<br /> <br /> Second Discourse: Types of Espionage and Intelligence and Spies<br /> Here, the author categorizes Espionage and Intelligence into five types and classifies spies into two categories.<br /> <br /> Third Discourse: The Ruling on Espionage and Intelligence<br /> <br /> This Discourse is presented in two chapters:<br /> <br /> 1. Espionage and Intelligence benefiting Inimical Powers (kufr) and in its interests.<br /> <br /> 2. Espionage and Intelligence benefiting Islam and the The Islamic Polity.<br /> <br /> The first chapter includes three discussions:<br /> <br /> a) The ruling on a Muslim spy according to the fatwas of Shia jurists.<br /> <br /> b) The perspectives of Sunni jurists.<br /> <br /> c) The jurisprudential evidence for the ruling.<br /> <br /> Fourth Discourse: On Arif and Naqib<br /> Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Espionage and Intelligence?<br /> <br /> Fifth Discourse: Committing Prohibited Acts During Espionage and Intelligence<br /> Is it permissible to commit sinful acts in the process of Espionage and Intelligence?<br /> <br /> <br /> == Meaning and Types of Espionage and Intelligence ==<br /> In the first Discourse, the author discusses the linguistic meaning of Tajassus ( Espionage and Intelligence) using various lexical sources. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.<br /> In the second Discourse, Espionage and Intelligence is classified based on its benefit or lack thereof:<br /> <br /> 1. Investigating personal affairs without any rational motivation (i.e., meddling).<br /> <br /> 2. Espionage and Intelligence driven by corrupt intentions.<br /> <br /> 3. Espionage and Intelligence with a rational and legitimate purpose.<br /> The third category is further divided into:<br /> <br /> a) Espionage and Intelligence for a necessary purpose, such as preserving the The Islamic Polity.<br /> <br /> b) Espionage and Intelligence for a commendable purpose, such as identifying qualified individuals.<br /> <br /> Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): <br /> <br /> 1. Spies working in favor of the enemies of Islam. <br /> <br /> 2. Spies working in favor of the Islamic state. <br /> ==Espionage and Intelligence Benefiting Inimical Powers (Kufr)==<br /> === The Ruling on a Muslim Spy ===<br /> In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. <br /> <br /> 1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to execution. However, some contemporary scholars have ruled for the death penalty in cases where Espionage and Intelligence is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).<br /> <br /> 2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, execution, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.<br /> <br /> 3. Jurisprudential Evidence: The author presents five pieces of evidence:<br /> <br /> - Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam). <br /> <br /> - A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the execution of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.<br /> <br /> - A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Espionage and Intelligence.<br /> In the first three evidences, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable evidence to justify the execution of a Muslim spy. Based on the principle of precaution and available evidence, he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).<br /> <br /> Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Espionage and Intelligence, and another where the person converted to Islam after committing Espionage and Intelligence. In both cases, he finds the narration insufficient to justify execution.<br /> <br /> As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Espionage and Intelligence, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Juridical Opinions of Shia jurists.<br /> === Ruling on a Non-Muslim Spy ===<br /> There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the execution of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal Juridical Opinions, and they are included in the book mainly to provide a comprehensive discussion.<br /> <br /> The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is execution. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a Admission.<br /> ==== The Dhimmi Spy and the Musta'min Spy ====<br /> In the context of non-Muslim spies, the author explores two jurisprudential branches:<br /> a) Does Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: <br /> <br /> 1. Espionage and Intelligence immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected. <br /> <br /> 2. It depends on the terms of the Dhimmah agreement. If refraining from Espionage and Intelligence is one of the conditions, then their blood is forfeit. However, the conditions of the Dhimmah contract are not fixed, meaning that the ruler, based on his discretion, can add or remove certain conditions.<br /> <br /> The author also refers to various Sunni opinions, including execution or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: &quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&quot;<br /> <br /> b) The Ruling on a Mu'ahid or Musta'min Spy<br /> <br /> The ruling on a spy who is a treaty-holder (Mu'ahid) or a person under temporary protection (Musta'min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: <br /> <br /> In this Discourse, the author presents the views of Shia scholars, who state that if the Imam finds that the spy has committed an offense punishable by hudud (legal punishment) or ta'zir (discretionary punishment), the appropriate punishment is carried out. However, if no legal claim is established against the spy, they are sent back to their homeland. Moreover, Muslims are permitted to prevent an enemy spy from returning to their own territory. <br /> === Torture of Spies and the Validity of Admission Under Torture ===<br /> Regarding the discussion of torturing spies and the validity of Admissions obtained under torture, the author presents two viewpoints: one permitting and the other prohibiting torture, as well as rejecting the validity of Admissions made under duress. The proponents and their reasoning for each stance are also discussed. <br /> <br /> Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &quot;Views of Shia Jurists&quot; and &quot;Views of Sunni Jurists,&quot; the opinions of some scholars from are presented.<br /> In the end, the author concludes that torturing someone to force a Admission from them is unlawful. Such an act constitutes a form of domination or authority over another person, and the basic principle is that no one has authority over another, except when justified by a valid reason (such as necessity or public interest). <br /> == Espionage and Intelligence for the Benefit of Islam and the Islamic System ==<br /> In this Discourse, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each:<br /> In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each:<br /> 1. [[Surah Al-Hujurat, verse 12]]: The conclusion is that the verse addresses spying for the benefit of disbelievers or, at the very least, in matters of individual and social affairs. The verse forbids investigating hidden matters and faults.<br /> 2. [[Surah An-Nur, verse 19]]: The conclusion is that this verse does not relate to Espionage and Intelligence or have any direct connection to the topic.<br /> 3. [[Surah Al-Anfal, verse 27]]: <br /> <br /> - The context of the verse is debated:<br /> <br /> 1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.<br /> <br /> 2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.<br /> <br /> 3. The story of Abu Lubaba during the war with Banu Qurayza.<br /> <br /> Based on the first and third explanations, the verse is related to the prohibition of Espionage and Intelligence. However, the second explanation pertains more to the prohibition of spreading and disclosing secrets, which may not be entirely relevant to Espionage and Intelligence.<br /> == Supplementary Discussions ==<br /> ====Juridical or Subject-Specific Exception?====<br /> Is Espionage and Intelligence for the benefit of the Islamic system and national security considered unlawful? If it is not prohibited, is the exception due to a juridical or subject-specific exemption?<br /> <br /> The author, in response to this question, writes that contrary to his earlier view, this type of Espionage and Intelligence falls under a juridical exemption, not a subject-specific one. In fact, this type of Espionage and Intelligence still constitutes a form of prohibited Espionage and Intelligence. In this type of Espionage and Intelligence, expediency merely is not sufficient to lift the prohibition; a stronger expediency must exist because, in cases of conflict, the more important takes precedence (similar to the case of not executing a coerced murderer or exceptions to gossip). Espionage and Intelligence is prohibited, but the preservation of the [Islamic] system is obligatory, and in the presence of conflict and the prioritization of the more significant matter, Espionage and Intelligence is permissible; thus, the exemption here is judicial in nature. However, some instances of Espionage and Intelligence have a subjective exemption; for example, if they do not fall under the category of probing into the faults of others (such as polling public satisfaction regarding the government) or if they do not involve uncovering hidden matters, like when a person openly commits a sin and does not conceal their wrongdoing.<br /> ==== The Use of Spies in the Lives of the Infallibles ====<br /> To prove the appropriateness and necessity of this practice, the author presents eight historical and narrational examples from the lives of the Infallibles. These instances demonstrate either direct involvement in Espionage and Intelligence, or sending of spies or approval of spy operations. Any objections to these texts do not pose a problem, as their abundance has reached the level of certainty, confirming that some of them were indeed sanctioned by the Infallibles. <br /> === Sunni Narrations on Military Affairs during the Prophet’s Time ===<br /> In this Discourse, the author lists fifteen narrations that show how the Prophet (PBUH) used intelligence provided by others about enemy movements during wars and different circumstances, or how he himself ordered Espionage and Intelligence. The author highlights the narration from Ibn Hisham as one of the most significant examples. This narration refers to when the Quraysh abandoned their siege of Medina and retreated toward Mecca. The Prophet (PBUH) instructed Imam Ali (A.S) to spy on them to ensure their intentions. The Prophet told Imam Ali: “If they are riding camels and their horses are loose, they are headed for Mecca. But if they are riding horses and their camels are untied, they intend to return and attack.” This is because the Infallible (the Prophet) orders Espionage and Intelligence, and another Infallible (Imam Ali) is tasked with spying.<br /> <br /> Furthermore, the author believes that the narration from Ibn Sa'd (in the expedition of Usamah ibn Zayd ibn Harithah, the Messenger of God instructed Usamah: “Take guides with you and send out spies ahead of you”) conveys a meaning that goes beyond mere permissibility of Espionage and Intelligence; it indicates its obligation.<br /> ====The Role of Arif and Naqib====<br /> In the fifth Discourse of the book, the author discusses the terms Arif and Naqib, beginning with their linguistic meanings. The word Naqb refers to searching for secrets and hidden information, and a Naqib was someone in charge of a tribe who was knowledgeable about its affairs and of the means to recognize them. The Arif, on the other hand, was a person responsible for the affairs of a group or tribe, aware of their conditions, but of a lower status than the cheif. The author also references a hadith from Imam Ali (A.S.) where Arraf with a particular pronunciation refers to an astronomer or priest. <br /> <br /> The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Espionage and Intelligence. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Espionage and Intelligence and inquiry is acceptable. <br /> ====Committing Forbidden Acts during Espionage and Intelligence====<br /> In the sixth Discourse of the book, the author raises a key question: “If Espionage and Intelligence requires committing forbidden acts, is it permissible to engage in them?” The author notes that it has been stated that if the only available means is a forbidden act, then engaging in such acts can be justified based on certain evidences and texts. He then presents these evidences and critiques them.<br /> ==Notes on the Book==<br /> {{column|3}}<br /> # The book is a transcription of Najm al-Din Tabasi’s advanced jurisprudence class (Dars-e-Kharij), penned by one of his students. Perhaps for this reason, various side discussions and unrelated topics are frequently raised throughout the book. In different sections, the author digresses from the main topic into secondary discussions as deemed appropriate. For instance, while narrating a tradition from Tabarsi’s works, the author critiques the last part of the narration that states, &quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: 'Do whatever you wish, for I have forgiven you'&quot; (p. 39). He then brings in Allama Tabatabai’s response to this objection, which takes up about seven pages of the book. Additionally, the author introduces discussions on the narrators (rijal) whenever names of individuals are mentioned, which seems unnecessary. Similarly, when discussing the chain of narrators for one tradition, a biographical discussion is initiated due Nofali being accused of extremism (ghuluw), leading to a lengthy discussion on the Qom scholars’ view on extremism, followed by criticisms of their stance (pp. 88–93).<br /> # The presence of these tangential discussions disrupts the cohesion of the book, leaving the reader with a less structured and consistent narrative. As a result, the flow of the discussion is sometimes lost, and the reader may occasionally feel that the discussion lacks a clear conclusion.<br /> # In many instances, the author could have included topics that are less relevant to the main discussion as footnotes or endnotes instead of integrating them into the main text.<br /> # The author, in discussing the first verse concerning the permissibility of espionage for the benefit of Islam and the Islamic system, argues that the verse on espionage is not general but specifically refers to espionage benefiting the enemy. He interprets &quot;suspicion&quot; in the verse to mean acting on and avoiding backbiting and slander (which do not benefit Muslims), thus restricting the prohibition of espionage to cases that do not benefit Muslims. Therefore, no conflict arises here, as this matter is categorically excluded, and from the outset, espionage for the benefit of Muslims is not included in the type of espionage that the verse addresses; rather, it is specifically excluded and is not prohibited, so no conflict occurs (p. 133). Here, in addition to the reasoning seeming inadequate, the author later states that contrary to our previous opinion, it appears that the exception is a juridical one, not a subjective one. In fact, this type of espionage is one of the instances of prohibited espionage (p. 157).<br /> # In discussing the torture of spies and the validity of confessions obtained under torture, the author refers to two narrations that were related to cases where someone was concealing information; however, it seems that the narrations generally prohibit torture. However, he concludes that narrations prohibiting torture are absolute and, based on this, deduces that torture for extracting confessions from spies is forbidden. <br /> # None of the ten narrations in the section titled &quot;Additional General Narrations on Torture&quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.<br /> # The author could have integrated the discussion on Arif and Naqib under the broader section on narrational evidence regarding espionage. Similarly, the topic of committing forbidden acts during espionage could have been treated as a subsidiary issue within the legal rulings on espionage, rather than being assigned separate chapters or sections.<br /> {{end}}<br /> [[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]<br /> [[category:Books by Najm al-Din Tabasi]]<br /> [[Category:Bibliography Articles]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&diff=2796 2026-05-26T18:41:21Z

<p>Sarfipour: </p> <hr /> <div>{{infobox book<br /> | title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg<br /> | caption = &lt;!-- Add caption for the image --&gt;<br /> | other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī<br /> | main title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | author = Mohammad Javad Asadi<br /> | date of writing = 2021<br /> | subject = Espionage, Counter-espionage, Islamic Jurisprudence<br /> | style = Analytical, Jurisprudential<br /> | language = Persian<br /> | main language = Persian<br /> | editor = &lt;!-- Add editor name if available --&gt;<br /> | textual editing = &lt;!-- Add textual editing details if relevant --&gt;<br /> | with the efforts of = &lt;!-- Add contributors if relevant --&gt;<br /> | collection = &lt;!-- Add collection name if available --&gt;<br /> | illustrator = &lt;!-- Add illustrator name if available --&gt;<br /> | cover designer = &lt;!-- Add cover designer name if available --&gt;<br /> | volumes = 1<br /> | pages = 400<br /> | size = &lt;!-- Specify dimensions if known --&gt;<br /> | translations = &lt;!-- Add translation details if available --&gt;<br /> | publisher = Islamic Research Institute for Culture and Thought<br /> | publication place = Tehran, Iran<br /> | publication date = 2021 (1st Edition)<br /> | printing = 1st Edition<br /> | print run = &lt;!-- Add print run details if available --&gt;<br /> | isbn = &lt;!-- Add ISBN number if available --&gt;<br /> | media type = Print<br /> | publisher website = &lt;!-- Add publisher website URL --&gt;<br /> | english name = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | translator = &lt;!-- Add translator name if available --&gt;<br /> | publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)<br /> | electronic version= &lt;!-- Add link to electronic version if available --&gt;<br /> | other volumes = &lt;!-- Add details of other volumes if available --&gt;<br /> }}<br /> {{Author<br /> |author = Mostafa haghanifazl<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }} <br /> * '''abstract'''<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%A8%D8%A7%D9%86%DB%8C_%D9%81%D9%82%D9%87%DB%8C_%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_%D9%88_%D8%B6%D8%AF%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مبانی فقهی جاسوسی و ضدجاسوسی]) is a summary and compilation of the jurisprudential discussions by Shaykh [[Najm al-Din Tabasi]] at the The Islamic Seminary in Qom. This work was printed and published after being reviewed and Revised by him. In this book, jurisprudential discussions regarding Espionage and Intelligence are presented in five Discourses. The author uses Quranic verses, narrations, and historical texts to present and analyze the different aspects of Espionage and Intelligence. After defining and categorizing various types of Espionage and Intelligence, the author proceeds to detail the ruling (hukm) for each category. Throughout the main discussion, related secondary issues concerning Espionage and Intelligence have also been addressed.<br /> == A Brief Look at the Book ==<br /> The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence, authored by [[Najm al-Din Moravveji Tabasi]], is a scholarly work within the domain of political jurisprudence. It was published in collaboration with Markaz e-Takhasussi e-Aimmah al-Athar (A). This book is a Compilation of Lectures by Shaykh Najm al-Din Tabasi at the The Islamic Seminary in Qom, which has been published after his review and revision. This work aims to study the Juridical Opinions regarding Espionage and Intelligence — which has been categorized into several types in the text — through an examination of relevant narrations and the legal Juridical Opinions of jurists from Shi’i and Sunni Schools (Shia and Sunni), along with issues related to it. These issues include matters such as committing Prohibited Acts for the purpose of Espionage and Intelligence, the status of agreements and Safe Conduct to spies, torturing spies, extracting Admissions from them, and interpreting the legitimacy of Espionage and Intelligence based on narrations concerning the appointment of an Arif (a recognized leader or expert in a community) and Naqib (a representative or head of a tribe).<br /> === About the Author ===<br /> Najm al-Din Maruji Tabasi (born 1334 SH ) is a Senior Professor of Advanced Seminar in Islamic jurisprudence at the The Islamic Seminary of Qom. He has authored over 27 works, some of which adopt a Juridical-Legalistic Approach. His notable works include:<br /> <br /> - Al-Dirasat al-Fiqhiyya fi Masa'il Khilafiyya (Jurisprudential Studies on Controversial Issues)<br /> <br /> - Al-Zawaj al-Muwaqqat 'inda al-Sahaba wa al-Tabi'in (Temporary Marriage Among the Companions and Successors)<br /> <br /> - Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid'a (Excommunication Between Tradition and Innovation)<br /> <br /> - Tab’id dar Islam (Exile in Islam)<br /> - Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)<br /> <br /> - Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Juridical Opinions)<br /> <br /> <br /> == Structure of the Book ==<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence is organized into five Discourses (maqām), with each Discourse further divided into chapters, depending on the depth of the discussion, and presenting various topics.<br /> <br /> First Discourse: The Meaning of Espionage and Intelligence <br /> In this Discourse, the linguistic and terminological meanings of Espionage and Intelligence are examined.<br /> <br /> Second Discourse: Types of Espionage and Intelligence and Spies<br /> Here, the author categorizes Espionage and Intelligence into five types and classifies spies into two categories.<br /> <br /> Third Discourse: The Ruling on Espionage and Intelligence<br /> <br /> This Discourse is presented in two chapters:<br /> <br /> 1. Espionage and Intelligence benefiting disbelief (kufr) and in its interests.<br /> <br /> 2. Espionage and Intelligence benefiting Islam and the Islamic government.<br /> <br /> The first chapter includes three discussions:<br /> <br /> a) The ruling on a Muslim spy according to the fatwas of Shia jurists.<br /> <br /> b) The perspectives of Sunni jurists.<br /> <br /> c) The jurisprudential evidence for the ruling.<br /> <br /> Fourth Discourse: On Arif and Naqib<br /> Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Espionage and Intelligence?<br /> <br /> Fifth Discourse: Committing Prohibited Acts During Espionage and Intelligence<br /> Is it permissible to commit sinful acts in the process of Espionage and Intelligence?<br /> == Meaning and Types of Espionage and Intelligence ==<br /> In the first Discourse, the author discusses the linguistic meaning of Tajassus ( Espionage and Intelligence) using various lexical sources. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.<br /> In the second Discourse, Espionage and Intelligence is classified based on its benefit or lack thereof:<br /> <br /> 1. Investigating personal affairs without any rational motivation (i.e., meddling).<br /> <br /> 2. Espionage and Intelligence driven by corrupt intentions.<br /> <br /> 3. Espionage and Intelligence with a rational and legitimate purpose.<br /> The third category is further divided into:<br /> <br /> a) Espionage and Intelligence for a necessary purpose, such as preserving the Islamic government.<br /> <br /> b) Espionage and Intelligence for a commendable purpose, such as identifying qualified individuals.<br /> <br /> Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): <br /> <br /> 1. Spies working in favor of the enemies of Islam. <br /> <br /> 2. Spies working in favor of the Islamic state. <br /> ==Espionage and Intelligence Benefiting Disbelief (Kufr)==<br /> === The Ruling on a Muslim Spy ===<br /> In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. <br /> <br /> 1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to execution. However, some contemporary scholars have ruled for the death penalty in cases where Espionage and Intelligence is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).<br /> <br /> 2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, execution, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.<br /> <br /> 3. Jurisprudential Evidence: The author presents five pieces of evidence:<br /> <br /> - Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam). <br /> <br /> - A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the execution of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.<br /> <br /> - A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Espionage and Intelligence.<br /> In the first three evidences, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable evidence to justify the execution of a Muslim spy. Based on the principle of precaution and available evidence, he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).<br /> <br /> Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Espionage and Intelligence, and another where the person converted to Islam after committing Espionage and Intelligence. In both cases, he finds the narration insufficient to justify execution.<br /> <br /> As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Espionage and Intelligence, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Juridical Opinions of Shia jurists.<br /> === Ruling on a Non-Muslim Spy ===<br /> There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the execution of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal Juridical Opinions, and they are included in the book mainly to provide a comprehensive discussion.<br /> <br /> The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is execution. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a Admission.<br /> ==== The Dhimmi Spy and the Musta'min Spy ====<br /> In the context of non-Muslim spies, the author explores two jurisprudential branches:<br /> a) Does Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: <br /> <br /> 1. Espionage and Intelligence immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected. <br /> <br /> 2. It depends on the terms of the Dhimmah agreement. If refraining from Espionage and Intelligence is one of the conditions, then their blood is forfeit. However, the conditions of the Dhimmah contract are not fixed, meaning that the ruler, based on his discretion, can add or remove certain conditions.<br /> <br /> The author also refers to various Sunni opinions, including execution or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: &quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&quot;<br /> <br /> b) The Ruling on a Mu'ahid or Musta'min Spy<br /> <br /> The ruling on a spy who is a treaty-holder (Mu'ahid) or a person under temporary protection (Musta'min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: <br /> <br /> In this Discourse, the author presents the views of Shia scholars, who state that if the Imam finds that the spy has committed an offense punishable by hudud (legal punishment) or ta'zir (discretionary punishment), the appropriate punishment is carried out. However, if no legal claim is established against the spy, they are sent back to their homeland. Moreover, Muslims are permitted to prevent an enemy spy from returning to their own territory. <br /> === Torture of Spies and the Validity of Admission Under Torture ===<br /> Regarding the discussion of torturing spies and the validity of Admissions obtained under torture, the author presents two viewpoints: one permitting and the other prohibiting torture, as well as rejecting the validity of Admissions made under duress. The proponents and their reasoning for each stance are also discussed. <br /> <br /> Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &quot;Views of Shia Jurists&quot; and &quot;Views of Sunni Jurists,&quot; the opinions of some scholars from are presented.<br /> In the end, the author concludes that torturing someone to force a Admission from them is unlawful. Such an act constitutes a form of domination or authority over another person, and the basic principle is that no one has authority over another, except when justified by a valid reason (such as necessity or public interest). <br /> == Espionage and Intelligence for the Benefit of Islam and the Islamic System ==<br /> In this Discourse, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each:<br /> In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each:<br /> 1. [[Surah Al-Hujurat, verse 12]]: The conclusion is that the verse addresses spying for the benefit of disbelievers or, at the very least, in matters of individual and social affairs. The verse forbids investigating hidden matters and faults.<br /> 2. [[Surah An-Nur, verse 19]]: The conclusion is that this verse does not relate to Espionage and Intelligence or have any direct connection to the topic.<br /> 3. [[Surah Al-Anfal, verse 27]]: <br /> <br /> - The context of the verse is debated:<br /> <br /> 1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.<br /> <br /> 2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.<br /> <br /> 3. The story of Abu Lubaba during the war with Banu Qurayza.<br /> <br /> Based on the first and third explanations, the verse is related to the prohibition of Espionage and Intelligence. However, the second explanation pertains more to the prohibition of spreading and disclosing secrets, which may not be entirely relevant to Espionage and Intelligence.<br /> == Supplementary Discussions ==<br /> ====Juridical or Subject-Specific Exception?====<br /> Is Espionage and Intelligence for the benefit of the Islamic system and national security considered unlawful? If it is not prohibited, is the exception due to a juridical or subject-specific exemption?<br /> <br /> The author, in response to this question, writes that contrary to his earlier view, this type of Espionage and Intelligence falls under a juridical exemption, not a subject-specific one. In fact, this type of Espionage and Intelligence still constitutes a form of prohibited Espionage and Intelligence. In this type of Espionage and Intelligence, expediency merely is not sufficient to lift the prohibition; a stronger expediency must exist because, in cases of conflict, the more important takes precedence (similar to the case of not executing a coerced murderer or exceptions to gossip). Espionage and Intelligence is prohibited, but the preservation of the [Islamic] system is obligatory, and in the presence of conflict and the prioritization of the more significant matter, Espionage and Intelligence is permissible; thus, the exemption here is judicial in nature. However, some instances of Espionage and Intelligence have a subjective exemption; for example, if they do not fall under the category of probing into the faults of others (such as polling public satisfaction regarding the government) or if they do not involve uncovering hidden matters, like when a person openly commits a sin and does not conceal their wrongdoing.<br /> ==== The Use of Spies in the Lives of the Infallibles ====<br /> To prove the appropriateness and necessity of this practice, the author presents eight historical and narrational examples from the lives of the Infallibles. These instances demonstrate either direct involvement in Espionage and Intelligence, or sending of spies or approval of spy operations. Any objections to these texts do not pose a problem, as their abundance has reached the level of certainty, confirming that some of them were indeed sanctioned by the Infallibles. <br /> === Sunni Narrations on Military Affairs during the Prophet’s Time ===<br /> In this Discourse, the author lists fifteen narrations that show how the Prophet (PBUH) used intelligence provided by others about enemy movements during wars and different circumstances, or how he himself ordered Espionage and Intelligence. The author highlights the narration from Ibn Hisham as one of the most significant examples. This narration refers to when the Quraysh abandoned their siege of Medina and retreated toward Mecca. The Prophet (PBUH) instructed Imam Ali (A.S) to spy on them to ensure their intentions. The Prophet told Imam Ali: “If they are riding camels and their horses are loose, they are headed for Mecca. But if they are riding horses and their camels are untied, they intend to return and attack.” This is because the Infallible (the Prophet) orders Espionage and Intelligence, and another Infallible (Imam Ali) is tasked with spying.<br /> <br /> Furthermore, the author believes that the narration from Ibn Sa'd (in the expedition of Usamah ibn Zayd ibn Harithah, the Messenger of God instructed Usamah: “Take guides with you and send out spies ahead of you”) conveys a meaning that goes beyond mere permissibility of Espionage and Intelligence; it indicates its obligation.<br /> ====The Role of Arif and Naqib====<br /> In the fifth Discourse of the book, the author discusses the terms Arif and Naqib, beginning with their linguistic meanings. The word Naqb refers to searching for secrets and hidden information, and a Naqib was someone in charge of a tribe who was knowledgeable about its affairs and of the means to recognize them. The Arif, on the other hand, was a person responsible for the affairs of a group or tribe, aware of their conditions, but of a lower status than the cheif. The author also references a hadith from Imam Ali (A.S.) where Arraf with a particular pronunciation refers to an astronomer or priest. <br /> <br /> The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Espionage and Intelligence. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Espionage and Intelligence and inquiry is acceptable. <br /> ====Committing Forbidden Acts during Espionage and Intelligence====<br /> In the sixth Discourse of the book, the author raises a key question: “If Espionage and Intelligence requires committing forbidden acts, is it permissible to engage in them?” The author notes that it has been stated that if the only available means is a forbidden act, then engaging in such acts can be justified based on certain evidences and texts. He then presents these evidences and critiques them.<br /> ==Notes on the Book==<br /> {{column|3}}<br /> # The book is a transcription of Najm al-Din Tabasi’s advanced jurisprudence class (Dars-e-Kharij), penned by one of his students. Perhaps for this reason, various side discussions and unrelated topics are frequently raised throughout the book. In different sections, the author digresses from the main topic into secondary discussions as deemed appropriate. For instance, while narrating a tradition from Tabarsi’s works, the author critiques the last part of the narration that states, &quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: 'Do whatever you wish, for I have forgiven you'&quot; (p. 39). He then brings in Allama Tabatabai’s response to this objection, which takes up about seven pages of the book. Additionally, the author introduces discussions on the narrators (rijal) whenever names of individuals are mentioned, which seems unnecessary. Similarly, when discussing the chain of narrators for one tradition, a biographical discussion is initiated due Nofali being accused of extremism (ghuluw), leading to a lengthy discussion on the Qom scholars’ view on extremism, followed by criticisms of their stance (pp. 88–93).<br /> # The presence of these tangential discussions disrupts the cohesion of the book, leaving the reader with a less structured and consistent narrative. As a result, the flow of the discussion is sometimes lost, and the reader may occasionally feel that the discussion lacks a clear conclusion.<br /> # In many instances, the author could have included topics that are less relevant to the main discussion as footnotes or endnotes instead of integrating them into the main text.<br /> # The author, in discussing the first verse concerning the permissibility of espionage for the benefit of Islam and the Islamic system, argues that the verse on espionage is not general but specifically refers to espionage benefiting the enemy. He interprets &quot;suspicion&quot; in the verse to mean acting on and avoiding backbiting and slander (which do not benefit Muslims), thus restricting the prohibition of espionage to cases that do not benefit Muslims. Therefore, no conflict arises here, as this matter is categorically excluded, and from the outset, espionage for the benefit of Muslims is not included in the type of espionage that the verse addresses; rather, it is specifically excluded and is not prohibited, so no conflict occurs (p. 133). Here, in addition to the reasoning seeming inadequate, the author later states that contrary to our previous opinion, it appears that the exception is a juridical one, not a subjective one. In fact, this type of espionage is one of the instances of prohibited espionage (p. 157).<br /> # In discussing the torture of spies and the validity of confessions obtained under torture, the author refers to two narrations that were related to cases where someone was concealing information; however, it seems that the narrations generally prohibit torture. However, he concludes that narrations prohibiting torture are absolute and, based on this, deduces that torture for extracting confessions from spies is forbidden. <br /> # None of the ten narrations in the section titled &quot;Additional General Narrations on Torture&quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.<br /> # The author could have integrated the discussion on Arif and Naqib under the broader section on narrational evidence regarding espionage. Similarly, the topic of committing forbidden acts during espionage could have been treated as a subsidiary issue within the legal rulings on espionage, rather than being assigned separate chapters or sections.<br /> {{end}}<br /> [[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]<br /> [[category:Books by Najm al-Din Tabasi]]<br /> [[Category:Bibliography Articles]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&diff=2795 2026-05-26T18:39:54Z

<p>Sarfipour: </p> <hr /> <div>{{infobox book<br /> | title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg<br /> | caption = &lt;!-- Add caption for the image --&gt;<br /> | other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī<br /> | main title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | author = Mohammad Javad Asadi<br /> | date of writing = 2021<br /> | subject = Espionage, Counter-espionage, Islamic Jurisprudence<br /> | style = Analytical, Jurisprudential<br /> | language = Persian<br /> | main language = Persian<br /> | editor = &lt;!-- Add editor name if available --&gt;<br /> | textual editing = &lt;!-- Add textual editing details if relevant --&gt;<br /> | with the efforts of = &lt;!-- Add contributors if relevant --&gt;<br /> | collection = &lt;!-- Add collection name if available --&gt;<br /> | illustrator = &lt;!-- Add illustrator name if available --&gt;<br /> | cover designer = &lt;!-- Add cover designer name if available --&gt;<br /> | volumes = 1<br /> | pages = 400<br /> | size = &lt;!-- Specify dimensions if known --&gt;<br /> | translations = &lt;!-- Add translation details if available --&gt;<br /> | publisher = Islamic Research Institute for Culture and Thought<br /> | publication place = Tehran, Iran<br /> | publication date = 2021 (1st Edition)<br /> | printing = 1st Edition<br /> | print run = &lt;!-- Add print run details if available --&gt;<br /> | isbn = &lt;!-- Add ISBN number if available --&gt;<br /> | media type = Print<br /> | publisher website = &lt;!-- Add publisher website URL --&gt;<br /> | english name = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | translator = &lt;!-- Add translator name if available --&gt;<br /> | publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)<br /> | electronic version= &lt;!-- Add link to electronic version if available --&gt;<br /> | other volumes = &lt;!-- Add details of other volumes if available --&gt;<br /> }}<br /> {{Author<br /> |author = Mostafa haghanifazl<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }} <br /> * '''abstract'''<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%A8%D8%A7%D9%86%DB%8C_%D9%81%D9%82%D9%87%DB%8C_%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_%D9%88_%D8%B6%D8%AF%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مبانی فقهی جاسوسی و ضدجاسوسی]) is a summary and compilation of the jurisprudential discussions by Shaykh [[Najm al-Din Tabasi]] at the The Islamic Seminary in Qom. This work was printed and published after being reviewed and Revised by him. In this book, jurisprudential discussions regarding Espionage and Intelligence are presented in five Discourses. The author uses Quranic verses, narrations, and historical texts to present and analyze the different aspects of Espionage and Intelligence. After defining and categorizing various types of Espionage and Intelligence, the author proceeds to detail the ruling (hukm) for each category. Throughout the main discussion, related secondary issues concerning Espionage and Intelligence have also been addressed.<br /> == A Brief Look at the Book ==<br /> The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence, authored by [[Najm al-Din Moravveji Tabasi]], is a scholarly work within the domain of political jurisprudence. It was published in collaboration with Markaz e-Takhasussi e-Aimmah al-Athar (A). This book is a Compilation of Lectures by Shaykh Najm al-Din Tabasi at the The Islamic Seminary in Qom, which has been published after his review and revision. This work aims to study the Jurisprudential Rulings regarding Espionage and Intelligence — which has been categorized into several types in the text — through an examination of relevant narrations and the legal Jurisprudential Rulings of jurists from Shi’i and Sunni Schools (Shia and Sunni), along with issues related to it. These issues include matters such as committing Prohibited Acts for the purpose of Espionage and Intelligence, the status of agreements and Safe Conduct to spies, torturing spies, extracting Admissions from them, and interpreting the legitimacy of Espionage and Intelligence based on narrations concerning the appointment of an Arif (a recognized leader or expert in a community) and Naqib (a representative or head of a tribe).<br /> === About the Author ===<br /> Najm al-Din Maruji Tabasi (born 1334 SH ) is a Senior Professor of Advanced Seminar in Islamic jurisprudence at the The Islamic Seminary of Qom. He has authored over 27 works, some of which adopt a Juridical-Legalistic Approach. His notable works include:<br /> <br /> - Al-Dirasat al-Fiqhiyya fi Masa'il Khilafiyya (Jurisprudential Studies on Controversial Issues)<br /> <br /> - Al-Zawaj al-Muwaqqat 'inda al-Sahaba wa al-Tabi'in (Temporary Marriage Among the Companions and Successors)<br /> <br /> - Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid'a (Excommunication Between Tradition and Innovation)<br /> <br /> - Tab’id dar Islam (Exile in Islam)<br /> - Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)<br /> <br /> - Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)<br /> <br /> <br /> == Structure of the Book ==<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence is organized into five Discourses (maqām), with each Discourse further divided into chapters, depending on the depth of the discussion, and presenting various topics.<br /> <br /> First Discourse: The Meaning of Espionage and Intelligence <br /> In this Discourse, the linguistic and terminological meanings of Espionage and Intelligence are examined.<br /> <br /> Second Discourse: Types of Espionage and Intelligence and Spies<br /> Here, the author categorizes Espionage and Intelligence into five types and classifies spies into two categories.<br /> <br /> Third Discourse: The Ruling on Espionage and Intelligence<br /> <br /> This Discourse is presented in two chapters:<br /> <br /> 1. Espionage and Intelligence benefiting disbelief (kufr) and in its interests.<br /> <br /> 2. Espionage and Intelligence benefiting Islam and the Islamic government.<br /> <br /> The first chapter includes three discussions:<br /> <br /> a) The ruling on a Muslim spy according to the fatwas of Shia jurists.<br /> <br /> b) The perspectives of Sunni jurists.<br /> <br /> c) The jurisprudential evidence for the ruling.<br /> <br /> Fourth Discourse: On Arif and Naqib<br /> Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Espionage and Intelligence?<br /> <br /> Fifth Discourse: Committing Prohibited Acts During Espionage and Intelligence<br /> Is it permissible to commit sinful acts in the process of Espionage and Intelligence?<br /> == Meaning and Types of Espionage and Intelligence ==<br /> In the first Discourse, the author discusses the linguistic meaning of Tajassus ( Espionage and Intelligence) using various lexical sources. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.<br /> In the second Discourse, Espionage and Intelligence is classified based on its benefit or lack thereof:<br /> <br /> 1. Investigating personal affairs without any rational motivation (i.e., meddling).<br /> <br /> 2. Espionage and Intelligence driven by corrupt intentions.<br /> <br /> 3. Espionage and Intelligence with a rational and legitimate purpose.<br /> The third category is further divided into:<br /> <br /> a) Espionage and Intelligence for a necessary purpose, such as preserving the Islamic government.<br /> <br /> b) Espionage and Intelligence for a commendable purpose, such as identifying qualified individuals.<br /> <br /> Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): <br /> <br /> 1. Spies working in favor of the enemies of Islam. <br /> <br /> 2. Spies working in favor of the Islamic state. <br /> ==Espionage and Intelligence Benefiting Disbelief (Kufr)==<br /> === The Ruling on a Muslim Spy ===<br /> In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. <br /> <br /> 1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to execution. However, some contemporary scholars have ruled for the death penalty in cases where Espionage and Intelligence is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).<br /> <br /> 2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, execution, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.<br /> <br /> 3. Jurisprudential Evidence: The author presents five pieces of evidence:<br /> <br /> - Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam). <br /> <br /> - A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the execution of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.<br /> <br /> - A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Espionage and Intelligence.<br /> In the first three evidences, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable evidence to justify the execution of a Muslim spy. Based on the principle of precaution and available evidence, he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).<br /> <br /> Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Espionage and Intelligence, and another where the person converted to Islam after committing Espionage and Intelligence. In both cases, he finds the narration insufficient to justify execution.<br /> <br /> As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Espionage and Intelligence, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Jurisprudential Rulings of Shia jurists.<br /> === Ruling on a Non-Muslim Spy ===<br /> There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the execution of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal Jurisprudential Rulings, and they are included in the book mainly to provide a comprehensive discussion.<br /> <br /> The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is execution. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a Admission.<br /> ==== The Dhimmi Spy and the Musta'min Spy ====<br /> In the context of non-Muslim spies, the author explores two jurisprudential branches:<br /> a) Does Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: <br /> <br /> 1. Espionage and Intelligence immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected. <br /> <br /> 2. It depends on the terms of the Dhimmah agreement. If refraining from Espionage and Intelligence is one of the conditions, then their blood is forfeit. However, the conditions of the Dhimmah contract are not fixed, meaning that the ruler, based on his discretion, can add or remove certain conditions.<br /> <br /> The author also refers to various Sunni opinions, including execution or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: &quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&quot;<br /> <br /> b) The Ruling on a Mu'ahid or Musta'min Spy<br /> <br /> The ruling on a spy who is a treaty-holder (Mu'ahid) or a person under temporary protection (Musta'min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: <br /> <br /> In this Discourse, the author presents the views of Shia scholars, who state that if the Imam finds that the spy has committed an offense punishable by hudud (legal punishment) or ta'zir (discretionary punishment), the appropriate punishment is carried out. However, if no legal claim is established against the spy, they are sent back to their homeland. Moreover, Muslims are permitted to prevent an enemy spy from returning to their own territory. <br /> === Torture of Spies and the Validity of Admission Under Torture ===<br /> Regarding the discussion of torturing spies and the validity of Admissions obtained under torture, the author presents two viewpoints: one permitting and the other prohibiting torture, as well as rejecting the validity of Admissions made under duress. The proponents and their reasoning for each stance are also discussed. <br /> <br /> Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &quot;Views of Shia Jurists&quot; and &quot;Views of Sunni Jurists,&quot; the opinions of some scholars from are presented.<br /> In the end, the author concludes that torturing someone to force a Admission from them is unlawful. Such an act constitutes a form of domination or authority over another person, and the basic principle is that no one has authority over another, except when justified by a valid reason (such as necessity or public interest). <br /> == Espionage and Intelligence for the Benefit of Islam and the Islamic System ==<br /> In this Discourse, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each:<br /> In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each:<br /> 1. [[Surah Al-Hujurat, verse 12]]: The conclusion is that the verse addresses spying for the benefit of disbelievers or, at the very least, in matters of individual and social affairs. The verse forbids investigating hidden matters and faults.<br /> 2. [[Surah An-Nur, verse 19]]: The conclusion is that this verse does not relate to Espionage and Intelligence or have any direct connection to the topic.<br /> 3. [[Surah Al-Anfal, verse 27]]: <br /> <br /> - The context of the verse is debated:<br /> <br /> 1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.<br /> <br /> 2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.<br /> <br /> 3. The story of Abu Lubaba during the war with Banu Qurayza.<br /> <br /> Based on the first and third explanations, the verse is related to the prohibition of Espionage and Intelligence. However, the second explanation pertains more to the prohibition of spreading and disclosing secrets, which may not be entirely relevant to Espionage and Intelligence.<br /> == Supplementary Discussions ==<br /> ====Juridical or Subject-Specific Exception?====<br /> Is Espionage and Intelligence for the benefit of the Islamic system and national security considered unlawful? If it is not prohibited, is the exception due to a juridical or subject-specific exemption?<br /> <br /> The author, in response to this question, writes that contrary to his earlier view, this type of Espionage and Intelligence falls under a juridical exemption, not a subject-specific one. In fact, this type of Espionage and Intelligence still constitutes a form of prohibited Espionage and Intelligence. In this type of Espionage and Intelligence, expediency merely is not sufficient to lift the prohibition; a stronger expediency must exist because, in cases of conflict, the more important takes precedence (similar to the case of not executing a coerced murderer or exceptions to gossip). Espionage and Intelligence is prohibited, but the preservation of the [Islamic] system is obligatory, and in the presence of conflict and the prioritization of the more significant matter, Espionage and Intelligence is permissible; thus, the exemption here is judicial in nature. However, some instances of Espionage and Intelligence have a subjective exemption; for example, if they do not fall under the category of probing into the faults of others (such as polling public satisfaction regarding the government) or if they do not involve uncovering hidden matters, like when a person openly commits a sin and does not conceal their wrongdoing.<br /> ==== The Use of Spies in the Lives of the Infallibles ====<br /> To prove the appropriateness and necessity of this practice, the author presents eight historical and narrational examples from the lives of the Infallibles. These instances demonstrate either direct involvement in Espionage and Intelligence, or sending of spies or approval of spy operations. Any objections to these texts do not pose a problem, as their abundance has reached the level of certainty, confirming that some of them were indeed sanctioned by the Infallibles. <br /> === Sunni Narrations on Military Affairs during the Prophet’s Time ===<br /> In this Discourse, the author lists fifteen narrations that show how the Prophet (PBUH) used intelligence provided by others about enemy movements during wars and different circumstances, or how he himself ordered Espionage and Intelligence. The author highlights the narration from Ibn Hisham as one of the most significant examples. This narration refers to when the Quraysh abandoned their siege of Medina and retreated toward Mecca. The Prophet (PBUH) instructed Imam Ali (A.S) to spy on them to ensure their intentions. The Prophet told Imam Ali: “If they are riding camels and their horses are loose, they are headed for Mecca. But if they are riding horses and their camels are untied, they intend to return and attack.” This is because the Infallible (the Prophet) orders Espionage and Intelligence, and another Infallible (Imam Ali) is tasked with spying.<br /> <br /> Furthermore, the author believes that the narration from Ibn Sa'd (in the expedition of Usamah ibn Zayd ibn Harithah, the Messenger of God instructed Usamah: “Take guides with you and send out spies ahead of you”) conveys a meaning that goes beyond mere permissibility of Espionage and Intelligence; it indicates its obligation.<br /> ====The Role of Arif and Naqib====<br /> In the fifth Discourse of the book, the author discusses the terms Arif and Naqib, beginning with their linguistic meanings. The word Naqb refers to searching for secrets and hidden information, and a Naqib was someone in charge of a tribe who was knowledgeable about its affairs and of the means to recognize them. The Arif, on the other hand, was a person responsible for the affairs of a group or tribe, aware of their conditions, but of a lower status than the cheif. The author also references a hadith from Imam Ali (A.S.) where Arraf with a particular pronunciation refers to an astronomer or priest. <br /> <br /> The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Espionage and Intelligence. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Espionage and Intelligence and inquiry is acceptable. <br /> ====Committing Forbidden Acts during Espionage and Intelligence====<br /> In the sixth Discourse of the book, the author raises a key question: “If Espionage and Intelligence requires committing forbidden acts, is it permissible to engage in them?” The author notes that it has been stated that if the only available means is a forbidden act, then engaging in such acts can be justified based on certain evidences and texts. He then presents these evidences and critiques them.<br /> ==Notes on the Book==<br /> {{column|3}}<br /> # The book is a transcription of Najm al-Din Tabasi’s advanced jurisprudence class (Dars-e-Kharij), penned by one of his students. Perhaps for this reason, various side discussions and unrelated topics are frequently raised throughout the book. In different sections, the author digresses from the main topic into secondary discussions as deemed appropriate. For instance, while narrating a tradition from Tabarsi’s works, the author critiques the last part of the narration that states, &quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: 'Do whatever you wish, for I have forgiven you'&quot; (p. 39). He then brings in Allama Tabatabai’s response to this objection, which takes up about seven pages of the book. Additionally, the author introduces discussions on the narrators (rijal) whenever names of individuals are mentioned, which seems unnecessary. Similarly, when discussing the chain of narrators for one tradition, a biographical discussion is initiated due Nofali being accused of extremism (ghuluw), leading to a lengthy discussion on the Qom scholars’ view on extremism, followed by criticisms of their stance (pp. 88–93).<br /> # The presence of these tangential discussions disrupts the cohesion of the book, leaving the reader with a less structured and consistent narrative. As a result, the flow of the discussion is sometimes lost, and the reader may occasionally feel that the discussion lacks a clear conclusion.<br /> # In many instances, the author could have included topics that are less relevant to the main discussion as footnotes or endnotes instead of integrating them into the main text.<br /> # The author, in discussing the first verse concerning the permissibility of espionage for the benefit of Islam and the Islamic system, argues that the verse on espionage is not general but specifically refers to espionage benefiting the enemy. He interprets &quot;suspicion&quot; in the verse to mean acting on and avoiding backbiting and slander (which do not benefit Muslims), thus restricting the prohibition of espionage to cases that do not benefit Muslims. Therefore, no conflict arises here, as this matter is categorically excluded, and from the outset, espionage for the benefit of Muslims is not included in the type of espionage that the verse addresses; rather, it is specifically excluded and is not prohibited, so no conflict occurs (p. 133). Here, in addition to the reasoning seeming inadequate, the author later states that contrary to our previous opinion, it appears that the exception is a juridical one, not a subjective one. In fact, this type of espionage is one of the instances of prohibited espionage (p. 157).<br /> # In discussing the torture of spies and the validity of confessions obtained under torture, the author refers to two narrations that were related to cases where someone was concealing information; however, it seems that the narrations generally prohibit torture. However, he concludes that narrations prohibiting torture are absolute and, based on this, deduces that torture for extracting confessions from spies is forbidden. <br /> # None of the ten narrations in the section titled &quot;Additional General Narrations on Torture&quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.<br /> # The author could have integrated the discussion on Arif and Naqib under the broader section on narrational evidence regarding espionage. Similarly, the topic of committing forbidden acts during espionage could have been treated as a subsidiary issue within the legal rulings on espionage, rather than being assigned separate chapters or sections.<br /> {{end}}<br /> [[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]<br /> [[category:Books by Najm al-Din Tabasi]]<br /> [[Category:Bibliography Articles]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&diff=2794 2026-05-26T18:31:59Z

<p>Sarfipour: /* About the Author */</p> <hr /> <div>{{infobox book<br /> | title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg<br /> | caption = &lt;!-- Add caption for the image --&gt;<br /> | other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī<br /> | main title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | author = Mohammad Javad Asadi<br /> | date of writing = 2021<br /> | subject = Espionage, Counter-espionage, Islamic Jurisprudence<br /> | style = Analytical, Jurisprudential<br /> | language = Persian<br /> | main language = Persian<br /> | editor = &lt;!-- Add editor name if available --&gt;<br /> | textual editing = &lt;!-- Add textual editing details if relevant --&gt;<br /> | with the efforts of = &lt;!-- Add contributors if relevant --&gt;<br /> | collection = &lt;!-- Add collection name if available --&gt;<br /> | illustrator = &lt;!-- Add illustrator name if available --&gt;<br /> | cover designer = &lt;!-- Add cover designer name if available --&gt;<br /> | volumes = 1<br /> | pages = 400<br /> | size = &lt;!-- Specify dimensions if known --&gt;<br /> | translations = &lt;!-- Add translation details if available --&gt;<br /> | publisher = Islamic Research Institute for Culture and Thought<br /> | publication place = Tehran, Iran<br /> | publication date = 2021 (1st Edition)<br /> | printing = 1st Edition<br /> | print run = &lt;!-- Add print run details if available --&gt;<br /> | isbn = &lt;!-- Add ISBN number if available --&gt;<br /> | media type = Print<br /> | publisher website = &lt;!-- Add publisher website URL --&gt;<br /> | english name = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | translator = &lt;!-- Add translator name if available --&gt;<br /> | publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)<br /> | electronic version= &lt;!-- Add link to electronic version if available --&gt;<br /> | other volumes = &lt;!-- Add details of other volumes if available --&gt;<br /> }}<br /> {{Author<br /> |author = Mostafa haghanifazl<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }} <br /> * '''abstract'''<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%A8%D8%A7%D9%86%DB%8C_%D9%81%D9%82%D9%87%DB%8C_%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_%D9%88_%D8%B6%D8%AF%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مبانی فقهی جاسوسی و ضدجاسوسی]) is a summary and compilation of the jurisprudential discussions by Shaykh [[Najm al-Din Tabasi]] at the The Islamic Seminary in Qom. This work was printed and published after being reviewed and Revised by him. In this book, jurisprudential discussions regarding Espionage and Intelligence are presented in five Discourses. The author uses Quranic verses, narrations, and historical texts to present and analyze the different aspects of Espionage and Intelligence. After defining and categorizing various types of Espionage and Intelligence, the author proceeds to detail the ruling (hukm) for each category. Throughout the main discussion, related secondary issues concerning Espionage and Intelligence have also been addressed.<br /> == A Brief Look at the Book ==<br /> The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence, authored by [[Najm al-Din Moravveji Tabasi]], is a scholarly work within the domain of political jurisprudence. It was published in collaboration with Markaz e-Takhasussi e-Aimmah al-Athar (A). This book is a Compilation of Lectures by Shaykh Najm al-Din Tabasi at the The Islamic Seminary in Qom, which has been published after his review and revision. This work aims to study the Jurisprudential Rulings regarding Espionage and Intelligence — which has been categorized into several types in the text — through an examination of relevant narrations and the legal Jurisprudential Rulings of jurists from Shi’i and Sunni Schools (Shia and Sunni), along with issues related to it. These issues include matters such as committing Prohibited Acts for the purpose of Espionage and Intelligence, the status of agreements and Safe Conduct to spies, torturing spies, extracting Admissions from them, and interpreting the legitimacy of Espionage and Intelligence based on narrations concerning the appointment of an Arif (a recognized leader or expert in a community) and Naqib (a representative or head of a tribe).<br /> === About the Author ===<br /> Najm al-Din Maruji Tabasi (born 1334 SH ) is a Senior Professor of Advanced Seminar in Islamic jurisprudence at the The Islamic Seminary of Qom. He has authored over 27 works, some of which adopt a Juridical-Legalistic Approach. His notable works include:<br /> <br /> - Al-Dirasat al-Fiqhiyya fi Masa'il Khilafiyya (Jurisprudential Studies on Controversial Issues)<br /> <br /> - Al-Zawaj al-Muwaqqat 'inda al-Sahaba wa al-Tabi'in (Temporary Marriage Among the Companions and Followers)<br /> <br /> - Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid'a (Excommunication Between Tradition and Innovation)<br /> <br /> - Tab’id dar Islam (Exile in Islam)<br /> - Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)<br /> <br /> - Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)<br /> <br /> <br /> == Structure of the Book ==<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence is organized into five Discourses (maqām), with each Discourse further divided into chapters, depending on the depth of the discussion, and presenting various topics.<br /> <br /> First Discourse: The Meaning of Espionage and Intelligence <br /> In this Discourse, the linguistic and terminological meanings of Espionage and Intelligence are examined.<br /> <br /> Second Discourse: Types of Espionage and Intelligence and Spies<br /> Here, the author categorizes Espionage and Intelligence into five types and classifies spies into two categories.<br /> <br /> Third Discourse: The Ruling on Espionage and Intelligence<br /> <br /> This Discourse is presented in two chapters:<br /> <br /> 1. Espionage and Intelligence benefiting disbelief (kufr) and in its interests.<br /> <br /> 2. Espionage and Intelligence benefiting Islam and the Islamic government.<br /> <br /> The first chapter includes three discussions:<br /> <br /> a) The ruling on a Muslim spy according to the fatwas of Shia jurists.<br /> <br /> b) The perspectives of Sunni jurists.<br /> <br /> c) The jurisprudential evidence for the ruling.<br /> <br /> Fourth Discourse: On Arif and Naqib<br /> Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Espionage and Intelligence?<br /> <br /> Fifth Discourse: Committing Prohibited Acts During Espionage and Intelligence<br /> Is it permissible to commit sinful acts in the process of Espionage and Intelligence?<br /> == Meaning and Types of Espionage and Intelligence ==<br /> In the first Discourse, the author discusses the linguistic meaning of Tajassus ( Espionage and Intelligence) using various lexical sources. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.<br /> In the second Discourse, Espionage and Intelligence is classified based on its benefit or lack thereof:<br /> <br /> 1. Investigating personal affairs without any rational motivation (i.e., meddling).<br /> <br /> 2. Espionage and Intelligence driven by corrupt intentions.<br /> <br /> 3. Espionage and Intelligence with a rational and legitimate purpose.<br /> The third category is further divided into:<br /> <br /> a) Espionage and Intelligence for a necessary purpose, such as preserving the Islamic government.<br /> <br /> b) Espionage and Intelligence for a commendable purpose, such as identifying qualified individuals.<br /> <br /> Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): <br /> <br /> 1. Spies working in favor of the enemies of Islam. <br /> <br /> 2. Spies working in favor of the Islamic state. <br /> ==Espionage and Intelligence Benefiting Disbelief (Kufr)==<br /> === The Ruling on a Muslim Spy ===<br /> In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. <br /> <br /> 1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to execution. However, some contemporary scholars have ruled for the death penalty in cases where Espionage and Intelligence is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).<br /> <br /> 2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, execution, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.<br /> <br /> 3. Jurisprudential Evidence: The author presents five pieces of evidence:<br /> <br /> - Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam). <br /> <br /> - A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the execution of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.<br /> <br /> - A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Espionage and Intelligence.<br /> In the first three evidences, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable evidence to justify the execution of a Muslim spy. Based on the principle of precaution and available evidence, he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).<br /> <br /> Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Espionage and Intelligence, and another where the person converted to Islam after committing Espionage and Intelligence. In both cases, he finds the narration insufficient to justify execution.<br /> <br /> As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Espionage and Intelligence, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Jurisprudential Rulings of Shia jurists.<br /> === Ruling on a Non-Muslim Spy ===<br /> There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the execution of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal Jurisprudential Rulings, and they are included in the book mainly to provide a comprehensive discussion.<br /> <br /> The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is execution. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a Admission.<br /> ==== The Dhimmi Spy and the Musta'min Spy ====<br /> In the context of non-Muslim spies, the author explores two jurisprudential branches:<br /> a) Does Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: <br /> <br /> 1. Espionage and Intelligence immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected. <br /> <br /> 2. It depends on the terms of the Dhimmah agreement. If refraining from Espionage and Intelligence is one of the conditions, then their blood is forfeit. However, the conditions of the Dhimmah contract are not fixed, meaning that the ruler, based on his discretion, can add or remove certain conditions.<br /> <br /> The author also refers to various Sunni opinions, including execution or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: &quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&quot;<br /> <br /> b) The Ruling on a Mu'ahid or Musta'min Spy<br /> <br /> The ruling on a spy who is a treaty-holder (Mu'ahid) or a person under temporary protection (Musta'min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: <br /> <br /> In this Discourse, the author presents the views of Shia scholars, who state that if the Imam finds that the spy has committed an offense punishable by hudud (legal punishment) or ta'zir (discretionary punishment), the appropriate punishment is carried out. However, if no legal claim is established against the spy, they are sent back to their homeland. Moreover, Muslims are permitted to prevent an enemy spy from returning to their own territory. <br /> === Torture of Spies and the Validity of Admission Under Torture ===<br /> Regarding the discussion of torturing spies and the validity of Admissions obtained under torture, the author presents two viewpoints: one permitting and the other prohibiting torture, as well as rejecting the validity of Admissions made under duress. The proponents and their reasoning for each stance are also discussed. <br /> <br /> Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &quot;Views of Shia Jurists&quot; and &quot;Views of Sunni Jurists,&quot; the opinions of some scholars from are presented.<br /> In the end, the author concludes that torturing someone to force a Admission from them is unlawful. Such an act constitutes a form of domination or authority over another person, and the basic principle is that no one has authority over another, except when justified by a valid reason (such as necessity or public interest). <br /> == Espionage and Intelligence for the Benefit of Islam and the Islamic System ==<br /> In this Discourse, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each:<br /> In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each:<br /> 1. [[Surah Al-Hujurat, verse 12]]: The conclusion is that the verse addresses spying for the benefit of disbelievers or, at the very least, in matters of individual and social affairs. The verse forbids investigating hidden matters and faults.<br /> 2. [[Surah An-Nur, verse 19]]: The conclusion is that this verse does not relate to Espionage and Intelligence or have any direct connection to the topic.<br /> 3. [[Surah Al-Anfal, verse 27]]: <br /> <br /> - The context of the verse is debated:<br /> <br /> 1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.<br /> <br /> 2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.<br /> <br /> 3. The story of Abu Lubaba during the war with Banu Qurayza.<br /> <br /> Based on the first and third explanations, the verse is related to the prohibition of Espionage and Intelligence. However, the second explanation pertains more to the prohibition of spreading and disclosing secrets, which may not be entirely relevant to Espionage and Intelligence.<br /> == Supplementary Discussions ==<br /> ====Juridical or Subject-Specific Exception?====<br /> Is Espionage and Intelligence for the benefit of the Islamic system and national security considered unlawful? If it is not prohibited, is the exception due to a juridical or subject-specific exemption?<br /> <br /> The author, in response to this question, writes that contrary to his earlier view, this type of Espionage and Intelligence falls under a juridical exemption, not a subject-specific one. In fact, this type of Espionage and Intelligence still constitutes a form of prohibited Espionage and Intelligence. In this type of Espionage and Intelligence, expediency merely is not sufficient to lift the prohibition; a stronger expediency must exist because, in cases of conflict, the more important takes precedence (similar to the case of not executing a coerced murderer or exceptions to gossip). Espionage and Intelligence is prohibited, but the preservation of the [Islamic] system is obligatory, and in the presence of conflict and the prioritization of the more significant matter, Espionage and Intelligence is permissible; thus, the exemption here is judicial in nature. However, some instances of Espionage and Intelligence have a subjective exemption; for example, if they do not fall under the category of probing into the faults of others (such as polling public satisfaction regarding the government) or if they do not involve uncovering hidden matters, like when a person openly commits a sin and does not conceal their wrongdoing.<br /> ==== The Use of Spies in the Lives of the Infallibles ====<br /> To prove the appropriateness and necessity of this practice, the author presents eight historical and narrational examples from the lives of the Infallibles. These instances demonstrate either direct involvement in Espionage and Intelligence, or sending of spies or approval of spy operations. Any objections to these texts do not pose a problem, as their abundance has reached the level of certainty, confirming that some of them were indeed sanctioned by the Infallibles. <br /> === Sunni Narrations on Military Affairs during the Prophet’s Time ===<br /> In this Discourse, the author lists fifteen narrations that show how the Prophet (PBUH) used intelligence provided by others about enemy movements during wars and different circumstances, or how he himself ordered Espionage and Intelligence. The author highlights the narration from Ibn Hisham as one of the most significant examples. This narration refers to when the Quraysh abandoned their siege of Medina and retreated toward Mecca. The Prophet (PBUH) instructed Imam Ali (A.S) to spy on them to ensure their intentions. The Prophet told Imam Ali: “If they are riding camels and their horses are loose, they are headed for Mecca. But if they are riding horses and their camels are untied, they intend to return and attack.” This is because the Infallible (the Prophet) orders Espionage and Intelligence, and another Infallible (Imam Ali) is tasked with spying.<br /> <br /> Furthermore, the author believes that the narration from Ibn Sa'd (in the expedition of Usamah ibn Zayd ibn Harithah, the Messenger of God instructed Usamah: “Take guides with you and send out spies ahead of you”) conveys a meaning that goes beyond mere permissibility of Espionage and Intelligence; it indicates its obligation.<br /> ====The Role of Arif and Naqib====<br /> In the fifth Discourse of the book, the author discusses the terms Arif and Naqib, beginning with their linguistic meanings. The word Naqb refers to searching for secrets and hidden information, and a Naqib was someone in charge of a tribe who was knowledgeable about its affairs and of the means to recognize them. The Arif, on the other hand, was a person responsible for the affairs of a group or tribe, aware of their conditions, but of a lower status than the cheif. The author also references a hadith from Imam Ali (A.S.) where Arraf with a particular pronunciation refers to an astronomer or priest. <br /> <br /> The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Espionage and Intelligence. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Espionage and Intelligence and inquiry is acceptable. <br /> ====Committing Forbidden Acts during Espionage and Intelligence====<br /> In the sixth Discourse of the book, the author raises a key question: “If Espionage and Intelligence requires committing forbidden acts, is it permissible to engage in them?” The author notes that it has been stated that if the only available means is a forbidden act, then engaging in such acts can be justified based on certain evidences and texts. He then presents these evidences and critiques them.<br /> ==Notes on the Book==<br /> {{column|3}}<br /> # The book is a transcription of Najm al-Din Tabasi’s advanced jurisprudence class (Dars-e-Kharij), penned by one of his students. Perhaps for this reason, various side discussions and unrelated topics are frequently raised throughout the book. In different sections, the author digresses from the main topic into secondary discussions as deemed appropriate. For instance, while narrating a tradition from Tabarsi’s works, the author critiques the last part of the narration that states, &quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: 'Do whatever you wish, for I have forgiven you'&quot; (p. 39). He then brings in Allama Tabatabai’s response to this objection, which takes up about seven pages of the book. Additionally, the author introduces discussions on the narrators (rijal) whenever names of individuals are mentioned, which seems unnecessary. Similarly, when discussing the chain of narrators for one tradition, a biographical discussion is initiated due Nofali being accused of extremism (ghuluw), leading to a lengthy discussion on the Qom scholars’ view on extremism, followed by criticisms of their stance (pp. 88–93).<br /> # The presence of these tangential discussions disrupts the cohesion of the book, leaving the reader with a less structured and consistent narrative. As a result, the flow of the discussion is sometimes lost, and the reader may occasionally feel that the discussion lacks a clear conclusion.<br /> # In many instances, the author could have included topics that are less relevant to the main discussion as footnotes or endnotes instead of integrating them into the main text.<br /> # The author, in discussing the first verse concerning the permissibility of espionage for the benefit of Islam and the Islamic system, argues that the verse on espionage is not general but specifically refers to espionage benefiting the enemy. He interprets &quot;suspicion&quot; in the verse to mean acting on and avoiding backbiting and slander (which do not benefit Muslims), thus restricting the prohibition of espionage to cases that do not benefit Muslims. Therefore, no conflict arises here, as this matter is categorically excluded, and from the outset, espionage for the benefit of Muslims is not included in the type of espionage that the verse addresses; rather, it is specifically excluded and is not prohibited, so no conflict occurs (p. 133). Here, in addition to the reasoning seeming inadequate, the author later states that contrary to our previous opinion, it appears that the exception is a juridical one, not a subjective one. In fact, this type of espionage is one of the instances of prohibited espionage (p. 157).<br /> # In discussing the torture of spies and the validity of confessions obtained under torture, the author refers to two narrations that were related to cases where someone was concealing information; however, it seems that the narrations generally prohibit torture. However, he concludes that narrations prohibiting torture are absolute and, based on this, deduces that torture for extracting confessions from spies is forbidden. <br /> # None of the ten narrations in the section titled &quot;Additional General Narrations on Torture&quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.<br /> # The author could have integrated the discussion on Arif and Naqib under the broader section on narrational evidence regarding espionage. Similarly, the topic of committing forbidden acts during espionage could have been treated as a subsidiary issue within the legal rulings on espionage, rather than being assigned separate chapters or sections.<br /> {{end}}<br /> [[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]<br /> [[category:Books by Najm al-Din Tabasi]]<br /> [[Category:Bibliography Articles]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&diff=2793 2026-05-26T17:50:17Z

<p>Sarfipour: </p> <hr /> <div>{{infobox book<br /> | title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg<br /> | caption = &lt;!-- Add caption for the image --&gt;<br /> | other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī<br /> | main title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | author = Mohammad Javad Asadi<br /> | date of writing = 2021<br /> | subject = Espionage, Counter-espionage, Islamic Jurisprudence<br /> | style = Analytical, Jurisprudential<br /> | language = Persian<br /> | main language = Persian<br /> | editor = &lt;!-- Add editor name if available --&gt;<br /> | textual editing = &lt;!-- Add textual editing details if relevant --&gt;<br /> | with the efforts of = &lt;!-- Add contributors if relevant --&gt;<br /> | collection = &lt;!-- Add collection name if available --&gt;<br /> | illustrator = &lt;!-- Add illustrator name if available --&gt;<br /> | cover designer = &lt;!-- Add cover designer name if available --&gt;<br /> | volumes = 1<br /> | pages = 400<br /> | size = &lt;!-- Specify dimensions if known --&gt;<br /> | translations = &lt;!-- Add translation details if available --&gt;<br /> | publisher = Islamic Research Institute for Culture and Thought<br /> | publication place = Tehran, Iran<br /> | publication date = 2021 (1st Edition)<br /> | printing = 1st Edition<br /> | print run = &lt;!-- Add print run details if available --&gt;<br /> | isbn = &lt;!-- Add ISBN number if available --&gt;<br /> | media type = Print<br /> | publisher website = &lt;!-- Add publisher website URL --&gt;<br /> | english name = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | translator = &lt;!-- Add translator name if available --&gt;<br /> | publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)<br /> | electronic version= &lt;!-- Add link to electronic version if available --&gt;<br /> | other volumes = &lt;!-- Add details of other volumes if available --&gt;<br /> }}<br /> {{Author<br /> |author = Mostafa haghanifazl<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }} <br /> * '''abstract'''<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%A8%D8%A7%D9%86%DB%8C_%D9%81%D9%82%D9%87%DB%8C_%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_%D9%88_%D8%B6%D8%AF%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مبانی فقهی جاسوسی و ضدجاسوسی]) is a summary and compilation of the jurisprudential discussions by Shaykh [[Najm al-Din Tabasi]] at the The Islamic Seminary in Qom. This work was printed and published after being reviewed and Revised by him. In this book, jurisprudential discussions regarding Espionage and Intelligence are presented in five Discourses. The author uses Quranic verses, narrations, and historical texts to present and analyze the different aspects of Espionage and Intelligence. After defining and categorizing various types of Espionage and Intelligence, the author proceeds to detail the ruling (hukm) for each category. Throughout the main discussion, related secondary issues concerning Espionage and Intelligence have also been addressed.<br /> == A Brief Look at the Book ==<br /> The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence, authored by [[Najm al-Din Moravveji Tabasi]], is a scholarly work within the domain of political jurisprudence. It was published in collaboration with Markaz e-Takhasussi e-Aimmah al-Athar (A). This book is a Compilation of Lectures by Shaykh Najm al-Din Tabasi at the The Islamic Seminary in Qom, which has been published after his review and revision. This work aims to study the Jurisprudential Rulings regarding Espionage and Intelligence — which has been categorized into several types in the text — through an examination of relevant narrations and the legal Jurisprudential Rulings of jurists from Shi’i and Sunni Schools (Shia and Sunni), along with issues related to it. These issues include matters such as committing Prohibited Acts for the purpose of Espionage and Intelligence, the status of agreements and Safe Conduct to spies, torturing spies, extracting Admissions from them, and interpreting the legitimacy of Espionage and Intelligence based on narrations concerning the appointment of an Arif (a recognized leader or expert in a community) and Naqib (a representative or head of a tribe).<br /> === About the Author ===<br /> Najm al-Din Maruji Tabasi (born 1334 SH ) is a Senior Lecturer of Advanced Seminar in Islamic jurisprudence at the The Islamic Seminary of Qom. He has authored over 27 works, some of which adopt a Juridical-Legalistic Approach. His notable works include:<br /> <br /> - Al-Dirasat al-Fiqhiyya fi Masa'il Khilafiyya (Jurisprudential Studies on Controversial Issues)<br /> <br /> - Al-Zawaj al-Muwaqqat 'inda al-Sahaba wa al-Tabi'in (Temporary Marriage Among the Companions and Followers)<br /> <br /> - Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid'a (Excommunication Between Tradition and Innovation)<br /> <br /> - Tab’id dar Islam (Exile in Islam)<br /> - Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)<br /> <br /> - Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)<br /> == Structure of the Book ==<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence is organized into five Discourses (maqām), with each Discourse further divided into chapters, depending on the depth of the discussion, and presenting various topics.<br /> <br /> First Discourse: The Meaning of Espionage and Intelligence <br /> In this Discourse, the linguistic and terminological meanings of Espionage and Intelligence are examined.<br /> <br /> Second Discourse: Types of Espionage and Intelligence and Spies<br /> Here, the author categorizes Espionage and Intelligence into five types and classifies spies into two categories.<br /> <br /> Third Discourse: The Ruling on Espionage and Intelligence<br /> <br /> This Discourse is presented in two chapters:<br /> <br /> 1. Espionage and Intelligence benefiting disbelief (kufr) and in its interests.<br /> <br /> 2. Espionage and Intelligence benefiting Islam and the Islamic government.<br /> <br /> The first chapter includes three discussions:<br /> <br /> a) The ruling on a Muslim spy according to the fatwas of Shia jurists.<br /> <br /> b) The perspectives of Sunni jurists.<br /> <br /> c) The jurisprudential evidence for the ruling.<br /> <br /> Fourth Discourse: On Arif and Naqib<br /> Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Espionage and Intelligence?<br /> <br /> Fifth Discourse: Committing Prohibited Acts During Espionage and Intelligence<br /> Is it permissible to commit sinful acts in the process of Espionage and Intelligence?<br /> == Meaning and Types of Espionage and Intelligence ==<br /> In the first Discourse, the author discusses the linguistic meaning of Tajassus ( Espionage and Intelligence) using various lexical sources. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.<br /> In the second Discourse, Espionage and Intelligence is classified based on its benefit or lack thereof:<br /> <br /> 1. Investigating personal affairs without any rational motivation (i.e., meddling).<br /> <br /> 2. Espionage and Intelligence driven by corrupt intentions.<br /> <br /> 3. Espionage and Intelligence with a rational and legitimate purpose.<br /> The third category is further divided into:<br /> <br /> a) Espionage and Intelligence for a necessary purpose, such as preserving the Islamic government.<br /> <br /> b) Espionage and Intelligence for a commendable purpose, such as identifying qualified individuals.<br /> <br /> Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): <br /> <br /> 1. Spies working in favor of the enemies of Islam. <br /> <br /> 2. Spies working in favor of the Islamic state. <br /> ==Espionage and Intelligence Benefiting Disbelief (Kufr)==<br /> === The Ruling on a Muslim Spy ===<br /> In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. <br /> <br /> 1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to execution. However, some contemporary scholars have ruled for the death penalty in cases where Espionage and Intelligence is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).<br /> <br /> 2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, execution, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.<br /> <br /> 3. Jurisprudential Evidence: The author presents five pieces of evidence:<br /> <br /> - Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam). <br /> <br /> - A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the execution of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.<br /> <br /> - A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Espionage and Intelligence.<br /> In the first three evidences, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable evidence to justify the execution of a Muslim spy. Based on the principle of precaution and available evidence, he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).<br /> <br /> Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Espionage and Intelligence, and another where the person converted to Islam after committing Espionage and Intelligence. In both cases, he finds the narration insufficient to justify execution.<br /> <br /> As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Espionage and Intelligence, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Jurisprudential Rulings of Shia jurists.<br /> === Ruling on a Non-Muslim Spy ===<br /> There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the execution of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal Jurisprudential Rulings, and they are included in the book mainly to provide a comprehensive discussion.<br /> <br /> The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is execution. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a Admission.<br /> ==== The Dhimmi Spy and the Musta'min Spy ====<br /> In the context of non-Muslim spies, the author explores two jurisprudential branches:<br /> a) Does Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: <br /> <br /> 1. Espionage and Intelligence immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected. <br /> <br /> 2. It depends on the terms of the Dhimmah agreement. If refraining from Espionage and Intelligence is one of the conditions, then their blood is forfeit. However, the conditions of the Dhimmah contract are not fixed, meaning that the ruler, based on his discretion, can add or remove certain conditions.<br /> <br /> The author also refers to various Sunni opinions, including execution or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: &quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&quot;<br /> <br /> b) The Ruling on a Mu'ahid or Musta'min Spy<br /> <br /> The ruling on a spy who is a treaty-holder (Mu'ahid) or a person under temporary protection (Musta'min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: <br /> <br /> In this Discourse, the author presents the views of Shia scholars, who state that if the Imam finds that the spy has committed an offense punishable by hudud (legal punishment) or ta'zir (discretionary punishment), the appropriate punishment is carried out. However, if no legal claim is established against the spy, they are sent back to their homeland. Moreover, Muslims are permitted to prevent an enemy spy from returning to their own territory. <br /> === Torture of Spies and the Validity of Admission Under Torture ===<br /> Regarding the discussion of torturing spies and the validity of Admissions obtained under torture, the author presents two viewpoints: one permitting and the other prohibiting torture, as well as rejecting the validity of Admissions made under duress. The proponents and their reasoning for each stance are also discussed. <br /> <br /> Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &quot;Views of Shia Jurists&quot; and &quot;Views of Sunni Jurists,&quot; the opinions of some scholars from are presented.<br /> In the end, the author concludes that torturing someone to force a Admission from them is unlawful. Such an act constitutes a form of domination or authority over another person, and the basic principle is that no one has authority over another, except when justified by a valid reason (such as necessity or public interest). <br /> == Espionage and Intelligence for the Benefit of Islam and the Islamic System ==<br /> In this Discourse, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each:<br /> In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each:<br /> 1. [[Surah Al-Hujurat, verse 12]]: The conclusion is that the verse addresses spying for the benefit of disbelievers or, at the very least, in matters of individual and social affairs. The verse forbids investigating hidden matters and faults.<br /> 2. [[Surah An-Nur, verse 19]]: The conclusion is that this verse does not relate to Espionage and Intelligence or have any direct connection to the topic.<br /> 3. [[Surah Al-Anfal, verse 27]]: <br /> <br /> - The context of the verse is debated:<br /> <br /> 1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.<br /> <br /> 2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.<br /> <br /> 3. The story of Abu Lubaba during the war with Banu Qurayza.<br /> <br /> Based on the first and third explanations, the verse is related to the prohibition of Espionage and Intelligence. However, the second explanation pertains more to the prohibition of spreading and disclosing secrets, which may not be entirely relevant to Espionage and Intelligence.<br /> == Supplementary Discussions ==<br /> ====Juridical or Subject-Specific Exception?====<br /> Is Espionage and Intelligence for the benefit of the Islamic system and national security considered unlawful? If it is not prohibited, is the exception due to a juridical or subject-specific exemption?<br /> <br /> The author, in response to this question, writes that contrary to his earlier view, this type of Espionage and Intelligence falls under a juridical exemption, not a subject-specific one. In fact, this type of Espionage and Intelligence still constitutes a form of prohibited Espionage and Intelligence. In this type of Espionage and Intelligence, expediency merely is not sufficient to lift the prohibition; a stronger expediency must exist because, in cases of conflict, the more important takes precedence (similar to the case of not executing a coerced murderer or exceptions to gossip). Espionage and Intelligence is prohibited, but the preservation of the [Islamic] system is obligatory, and in the presence of conflict and the prioritization of the more significant matter, Espionage and Intelligence is permissible; thus, the exemption here is judicial in nature. However, some instances of Espionage and Intelligence have a subjective exemption; for example, if they do not fall under the category of probing into the faults of others (such as polling public satisfaction regarding the government) or if they do not involve uncovering hidden matters, like when a person openly commits a sin and does not conceal their wrongdoing.<br /> ==== The Use of Spies in the Lives of the Infallibles ====<br /> To prove the appropriateness and necessity of this practice, the author presents eight historical and narrational examples from the lives of the Infallibles. These instances demonstrate either direct involvement in Espionage and Intelligence, or sending of spies or approval of spy operations. Any objections to these texts do not pose a problem, as their abundance has reached the level of certainty, confirming that some of them were indeed sanctioned by the Infallibles. <br /> === Sunni Narrations on Military Affairs during the Prophet’s Time ===<br /> In this Discourse, the author lists fifteen narrations that show how the Prophet (PBUH) used intelligence provided by others about enemy movements during wars and different circumstances, or how he himself ordered Espionage and Intelligence. The author highlights the narration from Ibn Hisham as one of the most significant examples. This narration refers to when the Quraysh abandoned their siege of Medina and retreated toward Mecca. The Prophet (PBUH) instructed Imam Ali (A.S) to spy on them to ensure their intentions. The Prophet told Imam Ali: “If they are riding camels and their horses are loose, they are headed for Mecca. But if they are riding horses and their camels are untied, they intend to return and attack.” This is because the Infallible (the Prophet) orders Espionage and Intelligence, and another Infallible (Imam Ali) is tasked with spying.<br /> <br /> Furthermore, the author believes that the narration from Ibn Sa'd (in the expedition of Usamah ibn Zayd ibn Harithah, the Messenger of God instructed Usamah: “Take guides with you and send out spies ahead of you”) conveys a meaning that goes beyond mere permissibility of Espionage and Intelligence; it indicates its obligation.<br /> ====The Role of Arif and Naqib====<br /> In the fifth Discourse of the book, the author discusses the terms Arif and Naqib, beginning with their linguistic meanings. The word Naqb refers to searching for secrets and hidden information, and a Naqib was someone in charge of a tribe who was knowledgeable about its affairs and of the means to recognize them. The Arif, on the other hand, was a person responsible for the affairs of a group or tribe, aware of their conditions, but of a lower status than the cheif. The author also references a hadith from Imam Ali (A.S.) where Arraf with a particular pronunciation refers to an astronomer or priest. <br /> <br /> The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Espionage and Intelligence. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Espionage and Intelligence and inquiry is acceptable. <br /> ====Committing Forbidden Acts during Espionage and Intelligence====<br /> In the sixth Discourse of the book, the author raises a key question: “If Espionage and Intelligence requires committing forbidden acts, is it permissible to engage in them?” The author notes that it has been stated that if the only available means is a forbidden act, then engaging in such acts can be justified based on certain evidences and texts. He then presents these evidences and critiques them.<br /> ==Notes on the Book==<br /> {{column|3}}<br /> # The book is a transcription of Najm al-Din Tabasi’s advanced jurisprudence class (Dars-e-Kharij), penned by one of his students. Perhaps for this reason, various side discussions and unrelated topics are frequently raised throughout the book. In different sections, the author digresses from the main topic into secondary discussions as deemed appropriate. For instance, while narrating a tradition from Tabarsi’s works, the author critiques the last part of the narration that states, &quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: 'Do whatever you wish, for I have forgiven you'&quot; (p. 39). He then brings in Allama Tabatabai’s response to this objection, which takes up about seven pages of the book. Additionally, the author introduces discussions on the narrators (rijal) whenever names of individuals are mentioned, which seems unnecessary. Similarly, when discussing the chain of narrators for one tradition, a biographical discussion is initiated due Nofali being accused of extremism (ghuluw), leading to a lengthy discussion on the Qom scholars’ view on extremism, followed by criticisms of their stance (pp. 88–93).<br /> # The presence of these tangential discussions disrupts the cohesion of the book, leaving the reader with a less structured and consistent narrative. As a result, the flow of the discussion is sometimes lost, and the reader may occasionally feel that the discussion lacks a clear conclusion.<br /> # In many instances, the author could have included topics that are less relevant to the main discussion as footnotes or endnotes instead of integrating them into the main text.<br /> # The author, in discussing the first verse concerning the permissibility of espionage for the benefit of Islam and the Islamic system, argues that the verse on espionage is not general but specifically refers to espionage benefiting the enemy. He interprets &quot;suspicion&quot; in the verse to mean acting on and avoiding backbiting and slander (which do not benefit Muslims), thus restricting the prohibition of espionage to cases that do not benefit Muslims. Therefore, no conflict arises here, as this matter is categorically excluded, and from the outset, espionage for the benefit of Muslims is not included in the type of espionage that the verse addresses; rather, it is specifically excluded and is not prohibited, so no conflict occurs (p. 133). Here, in addition to the reasoning seeming inadequate, the author later states that contrary to our previous opinion, it appears that the exception is a juridical one, not a subjective one. In fact, this type of espionage is one of the instances of prohibited espionage (p. 157).<br /> # In discussing the torture of spies and the validity of confessions obtained under torture, the author refers to two narrations that were related to cases where someone was concealing information; however, it seems that the narrations generally prohibit torture. However, he concludes that narrations prohibiting torture are absolute and, based on this, deduces that torture for extracting confessions from spies is forbidden. <br /> # None of the ten narrations in the section titled &quot;Additional General Narrations on Torture&quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.<br /> # The author could have integrated the discussion on Arif and Naqib under the broader section on narrational evidence regarding espionage. Similarly, the topic of committing forbidden acts during espionage could have been treated as a subsidiary issue within the legal rulings on espionage, rather than being assigned separate chapters or sections.<br /> {{end}}<br /> [[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]<br /> [[category:Books by Najm al-Din Tabasi]]<br /> [[Category:Bibliography Articles]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&diff=2792 2026-05-26T17:34:44Z

<p>Sarfipour: </p> <hr /> <div>{{infobox book<br /> | title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg<br /> | caption = &lt;!-- Add caption for the image --&gt;<br /> | other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī<br /> | main title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | author = Mohammad Javad Asadi<br /> | date of writing = 2021<br /> | subject = Espionage, Counter-espionage, Islamic Jurisprudence<br /> | style = Analytical, Jurisprudential<br /> | language = Persian<br /> | main language = Persian<br /> | editor = &lt;!-- Add editor name if available --&gt;<br /> | textual editing = &lt;!-- Add textual editing details if relevant --&gt;<br /> | with the efforts of = &lt;!-- Add contributors if relevant --&gt;<br /> | collection = &lt;!-- Add collection name if available --&gt;<br /> | illustrator = &lt;!-- Add illustrator name if available --&gt;<br /> | cover designer = &lt;!-- Add cover designer name if available --&gt;<br /> | volumes = 1<br /> | pages = 400<br /> | size = &lt;!-- Specify dimensions if known --&gt;<br /> | translations = &lt;!-- Add translation details if available --&gt;<br /> | publisher = Islamic Research Institute for Culture and Thought<br /> | publication place = Tehran, Iran<br /> | publication date = 2021 (1st Edition)<br /> | printing = 1st Edition<br /> | print run = &lt;!-- Add print run details if available --&gt;<br /> | isbn = &lt;!-- Add ISBN number if available --&gt;<br /> | media type = Print<br /> | publisher website = &lt;!-- Add publisher website URL --&gt;<br /> | english name = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | translator = &lt;!-- Add translator name if available --&gt;<br /> | publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)<br /> | electronic version= &lt;!-- Add link to electronic version if available --&gt;<br /> | other volumes = &lt;!-- Add details of other volumes if available --&gt;<br /> }}<br /> {{Author<br /> |author = Mostafa haghanifazl<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }} <br /> * '''abstract'''<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%A8%D8%A7%D9%86%DB%8C_%D9%81%D9%82%D9%87%DB%8C_%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_%D9%88_%D8%B6%D8%AF%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مبانی فقهی جاسوسی و ضدجاسوسی]) is a summary and compilation of the jurisprudential discussions by Shaykh [[Najm al-Din Tabasi]] at the The Islamic Seminary in Qom. This work was printed and published after being reviewed and Revised by him. In this book, jurisprudential discussions regarding Espionage and Intelligence are presented in five Discourses. The author uses Quranic verses, narrations, and historical texts to present and analyze the different aspects of Espionage and Intelligence. After defining and categorizing various types of Espionage and Intelligence, the author proceeds to detail the ruling (hukm) for each category. Throughout the main discussion, related secondary issues concerning Espionage and Intelligence have also been addressed.<br /> == A Brief Look at the Book ==<br /> The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence, authored by [[Najm al-Din Moravveji Tabasi]], is a scholarly work within the domain of political jurisprudence. It was published in collaboration with Markaz e-Takhasussi e-Aimmah al-Athar (A). This book is a Compilation of Lectures by Shaykh Najm al-Din Tabasi at the The Islamic Seminary in Qom, which has been published after his review and revision. This work aims to study the Jurisprudential Rulings regarding Espionage and Intelligence — which has been categorized into several types in the text — through an examination of relevant narrations and the legal Jurisprudential Rulings of jurists from Shi’i and Sunni Schools (Shia and Sunni), along with issues related to it. These issues include matters such as committing unlawful acts for the purpose of Espionage and Intelligence, the status of agreements and Safe Conduct to spies, torturing spies, extracting Admissions from them, and interpreting the legitimacy of Espionage and Intelligence based on narrations concerning the appointment of an Arif (a recognized leader or expert in a community) and Naqib (a representative or head of a tribe).<br /> === About the Author ===<br /> Najm al-Din Maruji Tabasi (born 1334 SH ) is a Senior Lecturer of Advanced Seminar in Islamic jurisprudence at the The Islamic Seminary of Qom. He has authored over 27 works, some of which adopt a Juridical-Legalistic Approach. His notable works include:<br /> <br /> - Al-Dirasat al-Fiqhiyya fi Masa'il Khilafiyya (Jurisprudential Studies on Controversial Issues)<br /> <br /> - Al-Zawaj al-Muwaqqat 'inda al-Sahaba wa al-Tabi'in (Temporary Marriage Among the Companions and Followers)<br /> <br /> - Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid'a (Excommunication Between Tradition and Innovation)<br /> <br /> - Tab’id dar Islam (Exile in Islam)<br /> - Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)<br /> <br /> - Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)<br /> == Structure of the Book ==<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence is organized into five Discourses (maqām), with each Discourse further divided into chapters, depending on the depth of the discussion, and presenting various topics.<br /> <br /> First Discourse: The Meaning of Espionage and Intelligence <br /> In this Discourse, the linguistic and terminological meanings of Espionage and Intelligence are examined.<br /> <br /> Second Discourse: Types of Espionage and Intelligence and Spies<br /> Here, the author categorizes Espionage and Intelligence into five types and classifies spies into two categories.<br /> <br /> Third Discourse: The Ruling on Espionage and Intelligence<br /> <br /> This Discourse is presented in two chapters:<br /> <br /> 1. Espionage and Intelligence benefiting disbelief (kufr) and in its interests.<br /> <br /> 2. Espionage and Intelligence benefiting Islam and the Islamic government.<br /> <br /> The first chapter includes three discussions:<br /> <br /> a) The ruling on a Muslim spy according to the fatwas of Shia jurists.<br /> <br /> b) The perspectives of Sunni jurists.<br /> <br /> c) The jurisprudential evidence for the ruling.<br /> <br /> Fourth Discourse: On Arif and Naqib<br /> Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Espionage and Intelligence?<br /> <br /> Fifth Discourse: Committing Prohibited Acts During Espionage and Intelligence<br /> Is it permissible to commit sinful acts in the process of Espionage and Intelligence?<br /> == Meaning and Types of Espionage and Intelligence ==<br /> In the first Discourse, the author discusses the linguistic meaning of Tajassus ( Espionage and Intelligence) using various lexical sources. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.<br /> In the second Discourse, Espionage and Intelligence is classified based on its benefit or lack thereof:<br /> <br /> 1. Investigating personal affairs without any rational motivation (i.e., meddling).<br /> <br /> 2. Espionage and Intelligence driven by corrupt intentions.<br /> <br /> 3. Espionage and Intelligence with a rational and legitimate purpose.<br /> The third category is further divided into:<br /> <br /> a) Espionage and Intelligence for a necessary purpose, such as preserving the Islamic government.<br /> <br /> b) Espionage and Intelligence for a commendable purpose, such as identifying qualified individuals.<br /> <br /> Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): <br /> <br /> 1. Spies working in favor of the enemies of Islam. <br /> <br /> 2. Spies working in favor of the Islamic state. <br /> ==Espionage and Intelligence Benefiting Disbelief (Kufr)==<br /> === The Ruling on a Muslim Spy ===<br /> In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. <br /> <br /> 1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to execution. However, some contemporary scholars have ruled for the death penalty in cases where Espionage and Intelligence is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).<br /> <br /> 2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, execution, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.<br /> <br /> 3. Jurisprudential Evidence: The author presents five pieces of evidence:<br /> <br /> - Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam). <br /> <br /> - A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the execution of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.<br /> <br /> - A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Espionage and Intelligence.<br /> In the first three evidences, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable evidence to justify the execution of a Muslim spy. Based on the principle of precaution and available evidence, he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).<br /> <br /> Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Espionage and Intelligence, and another where the person converted to Islam after committing Espionage and Intelligence. In both cases, he finds the narration insufficient to justify execution.<br /> <br /> As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Espionage and Intelligence, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Jurisprudential Rulings of Shia jurists.<br /> === Ruling on a Non-Muslim Spy ===<br /> There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the execution of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal Jurisprudential Rulings, and they are included in the book mainly to provide a comprehensive discussion.<br /> <br /> The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is execution. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a Admission.<br /> ==== The Dhimmi Spy and the Musta'min Spy ====<br /> In the context of non-Muslim spies, the author explores two jurisprudential branches:<br /> a) Does Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: <br /> <br /> 1. Espionage and Intelligence immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected. <br /> <br /> 2. It depends on the terms of the Dhimmah agreement. If refraining from Espionage and Intelligence is one of the conditions, then their blood is forfeit. However, the conditions of the Dhimmah contract are not fixed, meaning that the ruler, based on his discretion, can add or remove certain conditions.<br /> <br /> The author also refers to various Sunni opinions, including execution or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: &quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&quot;<br /> <br /> b) The Ruling on a Mu'ahid or Musta'min Spy<br /> <br /> The ruling on a spy who is a treaty-holder (Mu'ahid) or a person under temporary protection (Musta'min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: <br /> <br /> In this Discourse, the author presents the views of Shia scholars, who state that if the Imam finds that the spy has committed an offense punishable by hudud (legal punishment) or ta'zir (discretionary punishment), the appropriate punishment is carried out. However, if no legal claim is established against the spy, they are sent back to their homeland. Moreover, Muslims are permitted to prevent an enemy spy from returning to their own territory. <br /> === Torture of Spies and the Validity of Admission Under Torture ===<br /> Regarding the discussion of torturing spies and the validity of Admissions obtained under torture, the author presents two viewpoints: one permitting and the other prohibiting torture, as well as rejecting the validity of Admissions made under duress. The proponents and their reasoning for each stance are also discussed. <br /> <br /> Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &quot;Views of Shia Jurists&quot; and &quot;Views of Sunni Jurists,&quot; the opinions of some scholars from are presented.<br /> In the end, the author concludes that torturing someone to force a Admission from them is unlawful. Such an act constitutes a form of domination or authority over another person, and the basic principle is that no one has authority over another, except when justified by a valid reason (such as necessity or public interest). <br /> == Espionage and Intelligence for the Benefit of Islam and the Islamic System ==<br /> In this Discourse, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each:<br /> In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each:<br /> 1. [[Surah Al-Hujurat, verse 12]]: The conclusion is that the verse addresses spying for the benefit of disbelievers or, at the very least, in matters of individual and social affairs. The verse forbids investigating hidden matters and faults.<br /> 2. [[Surah An-Nur, verse 19]]: The conclusion is that this verse does not relate to Espionage and Intelligence or have any direct connection to the topic.<br /> 3. [[Surah Al-Anfal, verse 27]]: <br /> <br /> - The context of the verse is debated:<br /> <br /> 1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.<br /> <br /> 2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.<br /> <br /> 3. The story of Abu Lubaba during the war with Banu Qurayza.<br /> <br /> Based on the first and third explanations, the verse is related to the prohibition of Espionage and Intelligence. However, the second explanation pertains more to the prohibition of spreading and disclosing secrets, which may not be entirely relevant to Espionage and Intelligence.<br /> == Supplementary Discussions ==<br /> ====Juridical or Subject-Specific Exception?====<br /> Is Espionage and Intelligence for the benefit of the Islamic system and national security considered unlawful? If it is not prohibited, is the exception due to a juridical or subject-specific exemption?<br /> <br /> The author, in response to this question, writes that contrary to his earlier view, this type of Espionage and Intelligence falls under a juridical exemption, not a subject-specific one. In fact, this type of Espionage and Intelligence still constitutes a form of prohibited Espionage and Intelligence. In this type of Espionage and Intelligence, expediency merely is not sufficient to lift the prohibition; a stronger expediency must exist because, in cases of conflict, the more important takes precedence (similar to the case of not executing a coerced murderer or exceptions to gossip). Espionage and Intelligence is prohibited, but the preservation of the [Islamic] system is obligatory, and in the presence of conflict and the prioritization of the more significant matter, Espionage and Intelligence is permissible; thus, the exemption here is judicial in nature. However, some instances of Espionage and Intelligence have a subjective exemption; for example, if they do not fall under the category of probing into the faults of others (such as polling public satisfaction regarding the government) or if they do not involve uncovering hidden matters, like when a person openly commits a sin and does not conceal their wrongdoing.<br /> ==== The Use of Spies in the Lives of the Infallibles ====<br /> To prove the appropriateness and necessity of this practice, the author presents eight historical and narrational examples from the lives of the Infallibles. These instances demonstrate either direct involvement in Espionage and Intelligence, or sending of spies or approval of spy operations. Any objections to these texts do not pose a problem, as their abundance has reached the level of certainty, confirming that some of them were indeed sanctioned by the Infallibles. <br /> === Sunni Narrations on Military Affairs during the Prophet’s Time ===<br /> In this Discourse, the author lists fifteen narrations that show how the Prophet (PBUH) used intelligence provided by others about enemy movements during wars and different circumstances, or how he himself ordered Espionage and Intelligence. The author highlights the narration from Ibn Hisham as one of the most significant examples. This narration refers to when the Quraysh abandoned their siege of Medina and retreated toward Mecca. The Prophet (PBUH) instructed Imam Ali (A.S) to spy on them to ensure their intentions. The Prophet told Imam Ali: “If they are riding camels and their horses are loose, they are headed for Mecca. But if they are riding horses and their camels are untied, they intend to return and attack.” This is because the Infallible (the Prophet) orders Espionage and Intelligence, and another Infallible (Imam Ali) is tasked with spying.<br /> <br /> Furthermore, the author believes that the narration from Ibn Sa'd (in the expedition of Usamah ibn Zayd ibn Harithah, the Messenger of God instructed Usamah: “Take guides with you and send out spies ahead of you”) conveys a meaning that goes beyond mere permissibility of Espionage and Intelligence; it indicates its obligation.<br /> ====The Role of Arif and Naqib====<br /> In the fifth Discourse of the book, the author discusses the terms Arif and Naqib, beginning with their linguistic meanings. The word Naqb refers to searching for secrets and hidden information, and a Naqib was someone in charge of a tribe who was knowledgeable about its affairs and of the means to recognize them. The Arif, on the other hand, was a person responsible for the affairs of a group or tribe, aware of their conditions, but of a lower status than the cheif. The author also references a hadith from Imam Ali (A.S.) where Arraf with a particular pronunciation refers to an astronomer or priest. <br /> <br /> The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Espionage and Intelligence. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Espionage and Intelligence and inquiry is acceptable. <br /> ====Committing Forbidden Acts during Espionage and Intelligence====<br /> In the sixth Discourse of the book, the author raises a key question: “If Espionage and Intelligence requires committing forbidden acts, is it permissible to engage in them?” The author notes that it has been stated that if the only available means is a forbidden act, then engaging in such acts can be justified based on certain evidences and texts. He then presents these evidences and critiques them.<br /> ==Notes on the Book==<br /> {{column|3}}<br /> # The book is a transcription of Najm al-Din Tabasi’s advanced jurisprudence class (Dars-e-Kharij), penned by one of his students. Perhaps for this reason, various side discussions and unrelated topics are frequently raised throughout the book. In different sections, the author digresses from the main topic into secondary discussions as deemed appropriate. For instance, while narrating a tradition from Tabarsi’s works, the author critiques the last part of the narration that states, &quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: 'Do whatever you wish, for I have forgiven you'&quot; (p. 39). He then brings in Allama Tabatabai’s response to this objection, which takes up about seven pages of the book. Additionally, the author introduces discussions on the narrators (rijal) whenever names of individuals are mentioned, which seems unnecessary. Similarly, when discussing the chain of narrators for one tradition, a biographical discussion is initiated due Nofali being accused of extremism (ghuluw), leading to a lengthy discussion on the Qom scholars’ view on extremism, followed by criticisms of their stance (pp. 88–93).<br /> # The presence of these tangential discussions disrupts the cohesion of the book, leaving the reader with a less structured and consistent narrative. As a result, the flow of the discussion is sometimes lost, and the reader may occasionally feel that the discussion lacks a clear conclusion.<br /> # In many instances, the author could have included topics that are less relevant to the main discussion as footnotes or endnotes instead of integrating them into the main text.<br /> # The author, in discussing the first verse concerning the permissibility of espionage for the benefit of Islam and the Islamic system, argues that the verse on espionage is not general but specifically refers to espionage benefiting the enemy. He interprets &quot;suspicion&quot; in the verse to mean acting on and avoiding backbiting and slander (which do not benefit Muslims), thus restricting the prohibition of espionage to cases that do not benefit Muslims. Therefore, no conflict arises here, as this matter is categorically excluded, and from the outset, espionage for the benefit of Muslims is not included in the type of espionage that the verse addresses; rather, it is specifically excluded and is not prohibited, so no conflict occurs (p. 133). Here, in addition to the reasoning seeming inadequate, the author later states that contrary to our previous opinion, it appears that the exception is a juridical one, not a subjective one. In fact, this type of espionage is one of the instances of prohibited espionage (p. 157).<br /> # In discussing the torture of spies and the validity of confessions obtained under torture, the author refers to two narrations that were related to cases where someone was concealing information; however, it seems that the narrations generally prohibit torture. However, he concludes that narrations prohibiting torture are absolute and, based on this, deduces that torture for extracting confessions from spies is forbidden. <br /> # None of the ten narrations in the section titled &quot;Additional General Narrations on Torture&quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.<br /> # The author could have integrated the discussion on Arif and Naqib under the broader section on narrational evidence regarding espionage. Similarly, the topic of committing forbidden acts during espionage could have been treated as a subsidiary issue within the legal rulings on espionage, rather than being assigned separate chapters or sections.<br /> {{end}}<br /> [[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]<br /> [[category:Books by Najm al-Din Tabasi]]<br /> [[Category:Bibliography Articles]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&diff=2791 2026-05-26T17:16:37Z

<p>Sarfipour: </p> <hr /> <div>{{infobox book<br /> | title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg<br /> | caption = &lt;!-- Add caption for the image --&gt;<br /> | other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī<br /> | main title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | author = Mohammad Javad Asadi<br /> | date of writing = 2021<br /> | subject = Espionage, Counter-espionage, Islamic Jurisprudence<br /> | style = Analytical, Jurisprudential<br /> | language = Persian<br /> | main language = Persian<br /> | editor = &lt;!-- Add editor name if available --&gt;<br /> | textual editing = &lt;!-- Add textual editing details if relevant --&gt;<br /> | with the efforts of = &lt;!-- Add contributors if relevant --&gt;<br /> | collection = &lt;!-- Add collection name if available --&gt;<br /> | illustrator = &lt;!-- Add illustrator name if available --&gt;<br /> | cover designer = &lt;!-- Add cover designer name if available --&gt;<br /> | volumes = 1<br /> | pages = 400<br /> | size = &lt;!-- Specify dimensions if known --&gt;<br /> | translations = &lt;!-- Add translation details if available --&gt;<br /> | publisher = Islamic Research Institute for Culture and Thought<br /> | publication place = Tehran, Iran<br /> | publication date = 2021 (1st Edition)<br /> | printing = 1st Edition<br /> | print run = &lt;!-- Add print run details if available --&gt;<br /> | isbn = &lt;!-- Add ISBN number if available --&gt;<br /> | media type = Print<br /> | publisher website = &lt;!-- Add publisher website URL --&gt;<br /> | english name = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | translator = &lt;!-- Add translator name if available --&gt;<br /> | publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)<br /> | electronic version= &lt;!-- Add link to electronic version if available --&gt;<br /> | other volumes = &lt;!-- Add details of other volumes if available --&gt;<br /> }}<br /> {{Author<br /> |author = Mostafa haghanifazl<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }} <br /> * '''abstract'''<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%A8%D8%A7%D9%86%DB%8C_%D9%81%D9%82%D9%87%DB%8C_%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_%D9%88_%D8%B6%D8%AF%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مبانی فقهی جاسوسی و ضدجاسوسی]) is a summary and compilation of the jurisprudential discussions by Shaykh [[Najm al-Din Tabasi]] at the The Islamic Seminary in Qom. This work was printed and published after being reviewed and corrected by him. In this book, jurisprudential discussions regarding Espionage and Intelligence are presented in five Discourses. The author uses Quranic verses, narrations, and historical texts to present and analyze the different aspects of Espionage and Intelligence. After defining and categorizing various types of Espionage and Intelligence, the author proceeds to detail the ruling (hukm) for each category. Throughout the main discussion, related secondary issues concerning Espionage and Intelligence have also been addressed.<br /> == A Brief Look at the Book ==<br /> The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence, authored by [[Najm al-Din Moravveji Tabasi]], is a scholarly work within the domain of political jurisprudence. It was published in collaboration with Markaz e-Takhasussi e-Aimmah al-Athar (A). This book is a Compilation of Lectures by Shaykh Najm al-Din Tabasi at the The Islamic Seminary in Qom, which has been published after his review and revision. This work aims to study the Jurisprudential Rulings regarding Espionage and Intelligence — which has been categorized into several types in the text — through an examination of relevant narrations and the legal Jurisprudential Rulings of jurists from Shi’i and Sunni Schools (Shia and Sunni), along with issues related to it. These issues include matters such as committing unlawful acts for the purpose of Espionage and Intelligence, the status of agreements and Safe Conduct to spies, torturing spies, extracting Admissions from them, and interpreting the legitimacy of Espionage and Intelligence based on narrations concerning the appointment of an Arif (a recognized leader or expert in a community) and Naqib (a representative or head of a tribe).<br /> === About the Author ===<br /> Najm al-Din Maruji Tabasi (born 1334 SH ) is a Senior Lecturer of Advanced Seminar in Islamic jurisprudence at the The Islamic Seminary of Qom. He has authored over 27 works, some of which adopt a Juridical-Legalistic Approach. His notable works include:<br /> <br /> - Al-Dirasat al-Fiqhiyya fi Masa'il Khilafiyya (Jurisprudential Studies on Controversial Issues)<br /> <br /> - Al-Zawaj al-Muwaqqat 'inda al-Sahaba wa al-Tabi'in (Temporary Marriage Among the Companions and Followers)<br /> <br /> - Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid'a (Excommunication Between Tradition and Innovation)<br /> <br /> - Tab’id dar Islam (Exile in Islam)<br /> - Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)<br /> <br /> - Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)<br /> == Structure of the Book ==<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence is organized into five Discourses (maqām), with each Discourse further divided into chapters, depending on the depth of the discussion, and presenting various topics.<br /> <br /> First Discourse: The Meaning of Espionage and Intelligence <br /> In this Discourse, the linguistic and terminological meanings of Espionage and Intelligence are examined.<br /> <br /> Second Discourse: Types of Espionage and Intelligence and Spies<br /> Here, the author categorizes Espionage and Intelligence into five types and classifies spies into two categories.<br /> <br /> Third Discourse: The Ruling on Espionage and Intelligence<br /> <br /> This Discourse is presented in two chapters:<br /> <br /> 1. Espionage and Intelligence benefiting disbelief (kufr) and in its interests.<br /> <br /> 2. Espionage and Intelligence benefiting Islam and the Islamic government.<br /> <br /> The first chapter includes three discussions:<br /> <br /> a) The ruling on a Muslim spy according to the fatwas of Shia jurists.<br /> <br /> b) The perspectives of Sunni jurists.<br /> <br /> c) The jurisprudential evidence for the ruling.<br /> <br /> Fourth Discourse: On Arif and Naqib<br /> Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Espionage and Intelligence?<br /> <br /> Fifth Discourse: Committing Prohibited Acts During Espionage and Intelligence<br /> Is it permissible to commit sinful acts in the process of Espionage and Intelligence?<br /> == Meaning and Types of Espionage and Intelligence ==<br /> In the first Discourse, the author discusses the linguistic meaning of Tajassus ( Espionage and Intelligence) using various lexical sources. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.<br /> In the second Discourse, Espionage and Intelligence is classified based on its benefit or lack thereof:<br /> <br /> 1. Investigating personal affairs without any rational motivation (i.e., meddling).<br /> <br /> 2. Espionage and Intelligence driven by corrupt intentions.<br /> <br /> 3. Espionage and Intelligence with a rational and legitimate purpose.<br /> The third category is further divided into:<br /> <br /> a) Espionage and Intelligence for a necessary purpose, such as preserving the Islamic government.<br /> <br /> b) Espionage and Intelligence for a commendable purpose, such as identifying qualified individuals.<br /> <br /> Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): <br /> <br /> 1. Spies working in favor of the enemies of Islam. <br /> <br /> 2. Spies working in favor of the Islamic state. <br /> ==Espionage and Intelligence Benefiting Disbelief (Kufr)==<br /> === The Ruling on a Muslim Spy ===<br /> In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. <br /> <br /> 1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to execution. However, some contemporary scholars have ruled for the death penalty in cases where Espionage and Intelligence is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).<br /> <br /> 2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, execution, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.<br /> <br /> 3. Jurisprudential Evidence: The author presents five pieces of evidence:<br /> <br /> - Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam). <br /> <br /> - A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the execution of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.<br /> <br /> - A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Espionage and Intelligence.<br /> In the first three evidences, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable evidence to justify the execution of a Muslim spy. Based on the principle of precaution and available evidence, he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).<br /> <br /> Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Espionage and Intelligence, and another where the person converted to Islam after committing Espionage and Intelligence. In both cases, he finds the narration insufficient to justify execution.<br /> <br /> As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Espionage and Intelligence, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Jurisprudential Rulings of Shia jurists.<br /> === Ruling on a Non-Muslim Spy ===<br /> There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the execution of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal Jurisprudential Rulings, and they are included in the book mainly to provide a comprehensive discussion.<br /> <br /> The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is execution. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a Admission.<br /> ==== The Dhimmi Spy and the Musta'min Spy ====<br /> In the context of non-Muslim spies, the author explores two jurisprudential branches:<br /> a) Does Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: <br /> <br /> 1. Espionage and Intelligence immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected. <br /> <br /> 2. It depends on the terms of the Dhimmah agreement. If refraining from Espionage and Intelligence is one of the conditions, then their blood is forfeit. However, the conditions of the Dhimmah contract are not fixed, meaning that the ruler, based on his discretion, can add or remove certain conditions.<br /> <br /> The author also refers to various Sunni opinions, including execution or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: &quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&quot;<br /> <br /> b) The Ruling on a Mu'ahid or Musta'min Spy<br /> <br /> The ruling on a spy who is a treaty-holder (Mu'ahid) or a person under temporary protection (Musta'min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: <br /> <br /> In this Discourse, the author presents the views of Shia scholars, who state that if the Imam finds that the spy has committed an offense punishable by hudud (legal punishment) or ta'zir (discretionary punishment), the appropriate punishment is carried out. However, if no legal claim is established against the spy, they are sent back to their homeland. Moreover, Muslims are permitted to prevent an enemy spy from returning to their own territory. <br /> === Torture of Spies and the Validity of Admission Under Torture ===<br /> Regarding the discussion of torturing spies and the validity of Admissions obtained under torture, the author presents two viewpoints: one permitting and the other prohibiting torture, as well as rejecting the validity of Admissions made under duress. The proponents and their reasoning for each stance are also discussed. <br /> <br /> Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &quot;Views of Shia Jurists&quot; and &quot;Views of Sunni Jurists,&quot; the opinions of some scholars from are presented.<br /> In the end, the author concludes that torturing someone to force a Admission from them is unlawful. Such an act constitutes a form of domination or authority over another person, and the basic principle is that no one has authority over another, except when justified by a valid reason (such as necessity or public interest). <br /> == Espionage and Intelligence for the Benefit of Islam and the Islamic System ==<br /> In this Discourse, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each:<br /> In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each:<br /> 1. [[Surah Al-Hujurat, verse 12]]: The conclusion is that the verse addresses spying for the benefit of disbelievers or, at the very least, in matters of individual and social affairs. The verse forbids investigating hidden matters and faults.<br /> 2. [[Surah An-Nur, verse 19]]: The conclusion is that this verse does not relate to Espionage and Intelligence or have any direct connection to the topic.<br /> 3. [[Surah Al-Anfal, verse 27]]: <br /> <br /> - The context of the verse is debated:<br /> <br /> 1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.<br /> <br /> 2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.<br /> <br /> 3. The story of Abu Lubaba during the war with Banu Qurayza.<br /> <br /> Based on the first and third explanations, the verse is related to the prohibition of Espionage and Intelligence. However, the second explanation pertains more to the prohibition of spreading and disclosing secrets, which may not be entirely relevant to Espionage and Intelligence.<br /> == Supplementary Discussions ==<br /> ====Juridical or Subject-Specific Exception?====<br /> Is Espionage and Intelligence for the benefit of the Islamic system and national security considered unlawful? If it is not prohibited, is the exception due to a juridical or subject-specific exemption?<br /> <br /> The author, in response to this question, writes that contrary to his earlier view, this type of Espionage and Intelligence falls under a juridical exemption, not a subject-specific one. In fact, this type of Espionage and Intelligence still constitutes a form of prohibited Espionage and Intelligence. In this type of Espionage and Intelligence, expediency merely is not sufficient to lift the prohibition; a stronger expediency must exist because, in cases of conflict, the more important takes precedence (similar to the case of not executing a coerced murderer or exceptions to gossip). Espionage and Intelligence is prohibited, but the preservation of the [Islamic] system is obligatory, and in the presence of conflict and the prioritization of the more significant matter, Espionage and Intelligence is permissible; thus, the exemption here is judicial in nature. However, some instances of Espionage and Intelligence have a subjective exemption; for example, if they do not fall under the category of probing into the faults of others (such as polling public satisfaction regarding the government) or if they do not involve uncovering hidden matters, like when a person openly commits a sin and does not conceal their wrongdoing.<br /> ==== The Use of Spies in the Lives of the Infallibles ====<br /> To prove the appropriateness and necessity of this practice, the author presents eight historical and narrational examples from the lives of the Infallibles. These instances demonstrate either direct involvement in Espionage and Intelligence, or sending of spies or approval of spy operations. Any objections to these texts do not pose a problem, as their abundance has reached the level of certainty, confirming that some of them were indeed sanctioned by the Infallibles. <br /> === Sunni Narrations on Military Affairs during the Prophet’s Time ===<br /> In this Discourse, the author lists fifteen narrations that show how the Prophet (PBUH) used intelligence provided by others about enemy movements during wars and different circumstances, or how he himself ordered Espionage and Intelligence. The author highlights the narration from Ibn Hisham as one of the most significant examples. This narration refers to when the Quraysh abandoned their siege of Medina and retreated toward Mecca. The Prophet (PBUH) instructed Imam Ali (A.S) to spy on them to ensure their intentions. The Prophet told Imam Ali: “If they are riding camels and their horses are loose, they are headed for Mecca. But if they are riding horses and their camels are untied, they intend to return and attack.” This is because the Infallible (the Prophet) orders Espionage and Intelligence, and another Infallible (Imam Ali) is tasked with spying.<br /> <br /> Furthermore, the author believes that the narration from Ibn Sa'd (in the expedition of Usamah ibn Zayd ibn Harithah, the Messenger of God instructed Usamah: “Take guides with you and send out spies ahead of you”) conveys a meaning that goes beyond mere permissibility of Espionage and Intelligence; it indicates its obligation.<br /> ====The Role of Arif and Naqib====<br /> In the fifth Discourse of the book, the author discusses the terms Arif and Naqib, beginning with their linguistic meanings. The word Naqb refers to searching for secrets and hidden information, and a Naqib was someone in charge of a tribe who was knowledgeable about its affairs and of the means to recognize them. The Arif, on the other hand, was a person responsible for the affairs of a group or tribe, aware of their conditions, but of a lower status than the cheif. The author also references a hadith from Imam Ali (A.S.) where Arraf with a particular pronunciation refers to an astronomer or priest. <br /> <br /> The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Espionage and Intelligence. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Espionage and Intelligence and inquiry is acceptable. <br /> ====Committing Forbidden Acts during Espionage and Intelligence====<br /> In the sixth Discourse of the book, the author raises a key question: “If Espionage and Intelligence requires committing forbidden acts, is it permissible to engage in them?” The author notes that it has been stated that if the only available means is a forbidden act, then engaging in such acts can be justified based on certain evidences and texts. He then presents these evidences and critiques them.<br /> ==Notes on the Book==<br /> {{column|3}}<br /> # The book is a transcription of Najm al-Din Tabasi’s advanced jurisprudence class (Dars-e-Kharij), penned by one of his students. Perhaps for this reason, various side discussions and unrelated topics are frequently raised throughout the book. In different sections, the author digresses from the main topic into secondary discussions as deemed appropriate. For instance, while narrating a tradition from Tabarsi’s works, the author critiques the last part of the narration that states, &quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: 'Do whatever you wish, for I have forgiven you'&quot; (p. 39). He then brings in Allama Tabatabai’s response to this objection, which takes up about seven pages of the book. Additionally, the author introduces discussions on the narrators (rijal) whenever names of individuals are mentioned, which seems unnecessary. Similarly, when discussing the chain of narrators for one tradition, a biographical discussion is initiated due Nofali being accused of extremism (ghuluw), leading to a lengthy discussion on the Qom scholars’ view on extremism, followed by criticisms of their stance (pp. 88–93).<br /> # The presence of these tangential discussions disrupts the cohesion of the book, leaving the reader with a less structured and consistent narrative. As a result, the flow of the discussion is sometimes lost, and the reader may occasionally feel that the discussion lacks a clear conclusion.<br /> # In many instances, the author could have included topics that are less relevant to the main discussion as footnotes or endnotes instead of integrating them into the main text.<br /> # The author, in discussing the first verse concerning the permissibility of espionage for the benefit of Islam and the Islamic system, argues that the verse on espionage is not general but specifically refers to espionage benefiting the enemy. He interprets &quot;suspicion&quot; in the verse to mean acting on and avoiding backbiting and slander (which do not benefit Muslims), thus restricting the prohibition of espionage to cases that do not benefit Muslims. Therefore, no conflict arises here, as this matter is categorically excluded, and from the outset, espionage for the benefit of Muslims is not included in the type of espionage that the verse addresses; rather, it is specifically excluded and is not prohibited, so no conflict occurs (p. 133). Here, in addition to the reasoning seeming inadequate, the author later states that contrary to our previous opinion, it appears that the exception is a juridical one, not a subjective one. In fact, this type of espionage is one of the instances of prohibited espionage (p. 157).<br /> # In discussing the torture of spies and the validity of confessions obtained under torture, the author refers to two narrations that were related to cases where someone was concealing information; however, it seems that the narrations generally prohibit torture. However, he concludes that narrations prohibiting torture are absolute and, based on this, deduces that torture for extracting confessions from spies is forbidden. <br /> # None of the ten narrations in the section titled &quot;Additional General Narrations on Torture&quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.<br /> # The author could have integrated the discussion on Arif and Naqib under the broader section on narrational evidence regarding espionage. Similarly, the topic of committing forbidden acts during espionage could have been treated as a subsidiary issue within the legal rulings on espionage, rather than being assigned separate chapters or sections.<br /> {{end}}<br /> [[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]<br /> [[category:Books by Najm al-Din Tabasi]]<br /> [[Category:Bibliography Articles]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&diff=2790 2026-05-26T17:04:41Z

<p>Sarfipour: </p> <hr /> <div>{{infobox book<br /> | title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg<br /> | caption = &lt;!-- Add caption for the image --&gt;<br /> | other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī<br /> | main title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | author = Mohammad Javad Asadi<br /> | date of writing = 2021<br /> | subject = Espionage, Counter-espionage, Islamic Jurisprudence<br /> | style = Analytical, Jurisprudential<br /> | language = Persian<br /> | main language = Persian<br /> | editor = &lt;!-- Add editor name if available --&gt;<br /> | textual editing = &lt;!-- Add textual editing details if relevant --&gt;<br /> | with the efforts of = &lt;!-- Add contributors if relevant --&gt;<br /> | collection = &lt;!-- Add collection name if available --&gt;<br /> | illustrator = &lt;!-- Add illustrator name if available --&gt;<br /> | cover designer = &lt;!-- Add cover designer name if available --&gt;<br /> | volumes = 1<br /> | pages = 400<br /> | size = &lt;!-- Specify dimensions if known --&gt;<br /> | translations = &lt;!-- Add translation details if available --&gt;<br /> | publisher = Islamic Research Institute for Culture and Thought<br /> | publication place = Tehran, Iran<br /> | publication date = 2021 (1st Edition)<br /> | printing = 1st Edition<br /> | print run = &lt;!-- Add print run details if available --&gt;<br /> | isbn = &lt;!-- Add ISBN number if available --&gt;<br /> | media type = Print<br /> | publisher website = &lt;!-- Add publisher website URL --&gt;<br /> | english name = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | translator = &lt;!-- Add translator name if available --&gt;<br /> | publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)<br /> | electronic version= &lt;!-- Add link to electronic version if available --&gt;<br /> | other volumes = &lt;!-- Add details of other volumes if available --&gt;<br /> }}<br /> {{Author<br /> |author = Mostafa haghanifazl<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }} <br /> * '''abstract'''<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%A8%D8%A7%D9%86%DB%8C_%D9%81%D9%82%D9%87%DB%8C_%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_%D9%88_%D8%B6%D8%AF%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مبانی فقهی جاسوسی و ضدجاسوسی]) is a summary and compilation of the jurisprudential discussions by Shaykh [[Najm al-Din Tabasi]] at the The Islamic Seminary in Qom. This work was printed and published after being reviewed and corrected by him. In this book, jurisprudential discussions regarding Espionage and Intelligence are presented in five Discourses. The author uses Quranic verses, narrations, and historical texts to present and analyze the different aspects of Espionage and Intelligence. After defining and categorizing various types of Espionage and Intelligence, the author proceeds to detail the ruling (hukm) for each category. Throughout the main discussion, related secondary issues concerning Espionage and Intelligence have also been addressed.<br /> == A Brief Look at the Book ==<br /> The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence, authored by [[Najm al-Din Moravveji Tabasi]], is a scholarly work within the domain of political jurisprudence. It was published in collaboration with Markaz e-Takhasussi e-Aimmah al-Athar (A). This book is a Compilation of Lectures by Shaykh Najm al-Din Tabasi at the The Islamic Seminary in Qom, which has been published after his review and revision. This work aims to study the Jurisprudential Rulings regarding Espionage and Intelligence — which has been categorized into several types in the text — through an examination of relevant narrations and the legal Jurisprudential Rulings of jurists from both sects (Shia and Sunni), along with issues related to it. These issues include matters such as committing unlawful acts for the purpose of Espionage and Intelligence, the status of agreements and Safe Conduct to spies, torturing spies, extracting Admissions from them, and interpreting the legitimacy of Espionage and Intelligence based on narrations concerning the appointment of an Arif (a recognized leader or expert in a community) and Naqib (a representative or head of a tribe).<br /> === About the Author ===<br /> Najm al-Din Maruji Tabasi (born 1334 SH ) is a Senior Lecturer of Advanced Seminar in Islamic jurisprudence at the The Islamic Seminary of Qom. He has authored over 27 works, some of which adopt a Juridical-Legalistic Approach. His notable works include:<br /> <br /> - Al-Dirasat al-Fiqhiyya fi Masa'il Khilafiyya (Jurisprudential Studies on Controversial Issues)<br /> <br /> - Al-Zawaj al-Muwaqqat 'inda al-Sahaba wa al-Tabi'in (Temporary Marriage Among the Companions and Followers)<br /> <br /> - Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid'a (Excommunication Between Tradition and Innovation)<br /> <br /> - Tab’id dar Islam (Exile in Islam)<br /> - Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)<br /> <br /> - Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)<br /> == Structure of the Book ==<br /> The book The Jurisprudential Foundations of Espionage and Intelligence and Counter- Espionage and Intelligence is organized into five Discourses (maqām), with each Discourse further divided into chapters, depending on the depth of the discussion, and presenting various topics.<br /> <br /> First Discourse: The Meaning of Espionage and Intelligence <br /> In this Discourse, the linguistic and terminological meanings of Espionage and Intelligence are examined.<br /> <br /> Second Discourse: Types of Espionage and Intelligence and Spies<br /> Here, the author categorizes Espionage and Intelligence into five types and classifies spies into two categories.<br /> <br /> Third Discourse: The Ruling on Espionage and Intelligence<br /> <br /> This Discourse is presented in two chapters:<br /> <br /> 1. Espionage and Intelligence benefiting disbelief (kufr) and in its interests.<br /> <br /> 2. Espionage and Intelligence benefiting Islam and the Islamic government.<br /> <br /> The first chapter includes three discussions:<br /> <br /> a) The ruling on a Muslim spy according to the fatwas of Shia jurists.<br /> <br /> b) The perspectives of Sunni jurists.<br /> <br /> c) The jurisprudential evidence for the ruling.<br /> <br /> Fourth Discourse: On Arif and Naqib<br /> Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Espionage and Intelligence?<br /> <br /> Fifth Discourse: Committing Prohibited Acts During Espionage and Intelligence<br /> Is it permissible to commit sinful acts in the process of Espionage and Intelligence?<br /> == Meaning and Types of Espionage and Intelligence ==<br /> In the first Discourse, the author discusses the linguistic meaning of Tajassus ( Espionage and Intelligence) using various lexical sources. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.<br /> In the second Discourse, Espionage and Intelligence is classified based on its benefit or lack thereof:<br /> <br /> 1. Investigating personal affairs without any rational motivation (i.e., meddling).<br /> <br /> 2. Espionage and Intelligence driven by corrupt intentions.<br /> <br /> 3. Espionage and Intelligence with a rational and legitimate purpose.<br /> The third category is further divided into:<br /> <br /> a) Espionage and Intelligence for a necessary purpose, such as preserving the Islamic government.<br /> <br /> b) Espionage and Intelligence for a commendable purpose, such as identifying qualified individuals.<br /> <br /> Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): <br /> <br /> 1. Spies working in favor of the enemies of Islam. <br /> <br /> 2. Spies working in favor of the Islamic state. <br /> ==Espionage and Intelligence Benefiting Disbelief (Kufr)==<br /> === The Ruling on a Muslim Spy ===<br /> In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. <br /> <br /> 1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to execution. However, some contemporary scholars have ruled for the death penalty in cases where Espionage and Intelligence is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).<br /> <br /> 2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, execution, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.<br /> <br /> 3. Jurisprudential Evidence: The author presents five pieces of evidence:<br /> <br /> - Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam). <br /> <br /> - A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the execution of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.<br /> <br /> - A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Espionage and Intelligence.<br /> In the first three evidences, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable evidence to justify the execution of a Muslim spy. Based on the principle of precaution and available evidence, he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).<br /> <br /> Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Espionage and Intelligence, and another where the person converted to Islam after committing Espionage and Intelligence. In both cases, he finds the narration insufficient to justify execution.<br /> <br /> As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Espionage and Intelligence, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Jurisprudential Rulings of Shia jurists.<br /> === Ruling on a Non-Muslim Spy ===<br /> There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the execution of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal Jurisprudential Rulings, and they are included in the book mainly to provide a comprehensive discussion.<br /> <br /> The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is execution. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a Admission.<br /> ==== The Dhimmi Spy and the Musta'min Spy ====<br /> In the context of non-Muslim spies, the author explores two jurisprudential branches:<br /> a) Does Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: <br /> <br /> 1. Espionage and Intelligence immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected. <br /> <br /> 2. It depends on the terms of the Dhimmah agreement. If refraining from Espionage and Intelligence is one of the conditions, then their blood is forfeit. However, the conditions of the Dhimmah contract are not fixed, meaning that the ruler, based on his discretion, can add or remove certain conditions.<br /> <br /> The author also refers to various Sunni opinions, including execution or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: &quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&quot;<br /> <br /> b) The Ruling on a Mu'ahid or Musta'min Spy<br /> <br /> The ruling on a spy who is a treaty-holder (Mu'ahid) or a person under temporary protection (Musta'min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: <br /> <br /> In this Discourse, the author presents the views of Shia scholars, who state that if the Imam finds that the spy has committed an offense punishable by hudud (legal punishment) or ta'zir (discretionary punishment), the appropriate punishment is carried out. However, if no legal claim is established against the spy, they are sent back to their homeland. Moreover, Muslims are permitted to prevent an enemy spy from returning to their own territory. <br /> === Torture of Spies and the Validity of Admission Under Torture ===<br /> Regarding the discussion of torturing spies and the validity of Admissions obtained under torture, the author presents two viewpoints: one permitting and the other prohibiting torture, as well as rejecting the validity of Admissions made under duress. The proponents and their reasoning for each stance are also discussed. <br /> <br /> Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &quot;Views of Shia Jurists&quot; and &quot;Views of Sunni Jurists,&quot; the opinions of some scholars from are presented.<br /> In the end, the author concludes that torturing someone to force a Admission from them is unlawful. Such an act constitutes a form of domination or authority over another person, and the basic principle is that no one has authority over another, except when justified by a valid reason (such as necessity or public interest). <br /> == Espionage and Intelligence for the Benefit of Islam and the Islamic System ==<br /> In this Discourse, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each:<br /> In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each:<br /> 1. [[Surah Al-Hujurat, verse 12]]: The conclusion is that the verse addresses spying for the benefit of disbelievers or, at the very least, in matters of individual and social affairs. The verse forbids investigating hidden matters and faults.<br /> 2. [[Surah An-Nur, verse 19]]: The conclusion is that this verse does not relate to Espionage and Intelligence or have any direct connection to the topic.<br /> 3. [[Surah Al-Anfal, verse 27]]: <br /> <br /> - The context of the verse is debated:<br /> <br /> 1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.<br /> <br /> 2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.<br /> <br /> 3. The story of Abu Lubaba during the war with Banu Qurayza.<br /> <br /> Based on the first and third explanations, the verse is related to the prohibition of Espionage and Intelligence. However, the second explanation pertains more to the prohibition of spreading and disclosing secrets, which may not be entirely relevant to Espionage and Intelligence.<br /> == Supplementary Discussions ==<br /> ====Juridical or Subject-Specific Exception?====<br /> Is Espionage and Intelligence for the benefit of the Islamic system and national security considered unlawful? If it is not prohibited, is the exception due to a juridical or subject-specific exemption?<br /> <br /> The author, in response to this question, writes that contrary to his earlier view, this type of Espionage and Intelligence falls under a juridical exemption, not a subject-specific one. In fact, this type of Espionage and Intelligence still constitutes a form of prohibited Espionage and Intelligence. In this type of Espionage and Intelligence, expediency merely is not sufficient to lift the prohibition; a stronger expediency must exist because, in cases of conflict, the more important takes precedence (similar to the case of not executing a coerced murderer or exceptions to gossip). Espionage and Intelligence is prohibited, but the preservation of the [Islamic] system is obligatory, and in the presence of conflict and the prioritization of the more significant matter, Espionage and Intelligence is permissible; thus, the exemption here is judicial in nature. However, some instances of Espionage and Intelligence have a subjective exemption; for example, if they do not fall under the category of probing into the faults of others (such as polling public satisfaction regarding the government) or if they do not involve uncovering hidden matters, like when a person openly commits a sin and does not conceal their wrongdoing.<br /> ==== The Use of Spies in the Lives of the Infallibles ====<br /> To prove the appropriateness and necessity of this practice, the author presents eight historical and narrational examples from the lives of the Infallibles. These instances demonstrate either direct involvement in Espionage and Intelligence, or sending of spies or approval of spy operations. Any objections to these texts do not pose a problem, as their abundance has reached the level of certainty, confirming that some of them were indeed sanctioned by the Infallibles. <br /> === Sunni Narrations on Military Affairs during the Prophet’s Time ===<br /> In this Discourse, the author lists fifteen narrations that show how the Prophet (PBUH) used intelligence provided by others about enemy movements during wars and different circumstances, or how he himself ordered Espionage and Intelligence. The author highlights the narration from Ibn Hisham as one of the most significant examples. This narration refers to when the Quraysh abandoned their siege of Medina and retreated toward Mecca. The Prophet (PBUH) instructed Imam Ali (A.S) to spy on them to ensure their intentions. The Prophet told Imam Ali: “If they are riding camels and their horses are loose, they are headed for Mecca. But if they are riding horses and their camels are untied, they intend to return and attack.” This is because the Infallible (the Prophet) orders Espionage and Intelligence, and another Infallible (Imam Ali) is tasked with spying.<br /> <br /> Furthermore, the author believes that the narration from Ibn Sa'd (in the expedition of Usamah ibn Zayd ibn Harithah, the Messenger of God instructed Usamah: “Take guides with you and send out spies ahead of you”) conveys a meaning that goes beyond mere permissibility of Espionage and Intelligence; it indicates its obligation.<br /> ====The Role of Arif and Naqib====<br /> In the fifth Discourse of the book, the author discusses the terms Arif and Naqib, beginning with their linguistic meanings. The word Naqb refers to searching for secrets and hidden information, and a Naqib was someone in charge of a tribe who was knowledgeable about its affairs and of the means to recognize them. The Arif, on the other hand, was a person responsible for the affairs of a group or tribe, aware of their conditions, but of a lower status than the cheif. The author also references a hadith from Imam Ali (A.S.) where Arraf with a particular pronunciation refers to an astronomer or priest. <br /> <br /> The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Espionage and Intelligence. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Espionage and Intelligence and inquiry is acceptable. <br /> ====Committing Forbidden Acts during Espionage and Intelligence====<br /> In the sixth Discourse of the book, the author raises a key question: “If Espionage and Intelligence requires committing forbidden acts, is it permissible to engage in them?” The author notes that it has been stated that if the only available means is a forbidden act, then engaging in such acts can be justified based on certain evidences and texts. He then presents these evidences and critiques them.<br /> ==Notes on the Book==<br /> {{column|3}}<br /> # The book is a transcription of Najm al-Din Tabasi’s advanced jurisprudence class (Dars-e-Kharij), penned by one of his students. Perhaps for this reason, various side discussions and unrelated topics are frequently raised throughout the book. In different sections, the author digresses from the main topic into secondary discussions as deemed appropriate. For instance, while narrating a tradition from Tabarsi’s works, the author critiques the last part of the narration that states, &quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: 'Do whatever you wish, for I have forgiven you'&quot; (p. 39). He then brings in Allama Tabatabai’s response to this objection, which takes up about seven pages of the book. Additionally, the author introduces discussions on the narrators (rijal) whenever names of individuals are mentioned, which seems unnecessary. Similarly, when discussing the chain of narrators for one tradition, a biographical discussion is initiated due Nofali being accused of extremism (ghuluw), leading to a lengthy discussion on the Qom scholars’ view on extremism, followed by criticisms of their stance (pp. 88–93).<br /> # The presence of these tangential discussions disrupts the cohesion of the book, leaving the reader with a less structured and consistent narrative. As a result, the flow of the discussion is sometimes lost, and the reader may occasionally feel that the discussion lacks a clear conclusion.<br /> # In many instances, the author could have included topics that are less relevant to the main discussion as footnotes or endnotes instead of integrating them into the main text.<br /> # The author, in discussing the first verse concerning the permissibility of espionage for the benefit of Islam and the Islamic system, argues that the verse on espionage is not general but specifically refers to espionage benefiting the enemy. He interprets &quot;suspicion&quot; in the verse to mean acting on and avoiding backbiting and slander (which do not benefit Muslims), thus restricting the prohibition of espionage to cases that do not benefit Muslims. Therefore, no conflict arises here, as this matter is categorically excluded, and from the outset, espionage for the benefit of Muslims is not included in the type of espionage that the verse addresses; rather, it is specifically excluded and is not prohibited, so no conflict occurs (p. 133). Here, in addition to the reasoning seeming inadequate, the author later states that contrary to our previous opinion, it appears that the exception is a juridical one, not a subjective one. In fact, this type of espionage is one of the instances of prohibited espionage (p. 157).<br /> # In discussing the torture of spies and the validity of confessions obtained under torture, the author refers to two narrations that were related to cases where someone was concealing information; however, it seems that the narrations generally prohibit torture. However, he concludes that narrations prohibiting torture are absolute and, based on this, deduces that torture for extracting confessions from spies is forbidden. <br /> # None of the ten narrations in the section titled &quot;Additional General Narrations on Torture&quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.<br /> # The author could have integrated the discussion on Arif and Naqib under the broader section on narrational evidence regarding espionage. Similarly, the topic of committing forbidden acts during espionage could have been treated as a subsidiary issue within the legal rulings on espionage, rather than being assigned separate chapters or sections.<br /> {{end}}<br /> [[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]<br /> [[category:Books by Najm al-Din Tabasi]]<br /> [[Category:Bibliography Articles]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&diff=2789 2026-05-26T17:00:46Z

<p>Sarfipour: </p> <hr /> <div>{{infobox book<br /> | title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg<br /> | caption = &lt;!-- Add caption for the image --&gt;<br /> | other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī<br /> | main title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | author = Mohammad Javad Asadi<br /> | date of writing = 2021<br /> | subject = Espionage, Counter-espionage, Islamic Jurisprudence<br /> | style = Analytical, Jurisprudential<br /> | language = Persian<br /> | main language = Persian<br /> | editor = &lt;!-- Add editor name if available --&gt;<br /> | textual editing = &lt;!-- Add textual editing details if relevant --&gt;<br /> | with the efforts of = &lt;!-- Add contributors if relevant --&gt;<br /> | collection = &lt;!-- Add collection name if available --&gt;<br /> | illustrator = &lt;!-- Add illustrator name if available --&gt;<br /> | cover designer = &lt;!-- Add cover designer name if available --&gt;<br /> | volumes = 1<br /> | pages = 400<br /> | size = &lt;!-- Specify dimensions if known --&gt;<br /> | translations = &lt;!-- Add translation details if available --&gt;<br /> | publisher = Islamic Research Institute for Culture and Thought<br /> | publication place = Tehran, Iran<br /> | publication date = 2021 (1st Edition)<br /> | printing = 1st Edition<br /> | print run = &lt;!-- Add print run details if available --&gt;<br /> | isbn = &lt;!-- Add ISBN number if available --&gt;<br /> | media type = Print<br /> | publisher website = &lt;!-- Add publisher website URL --&gt;<br /> | english name = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | translator = &lt;!-- Add translator name if available --&gt;<br /> | publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)<br /> | electronic version= &lt;!-- Add link to electronic version if available --&gt;<br /> | other volumes = &lt;!-- Add details of other volumes if available --&gt;<br /> }}<br /> {{Author<br /> |author = Mostafa haghanifazl<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }} <br /> * '''abstract'''<br /> The book The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%A8%D8%A7%D9%86%DB%8C_%D9%81%D9%82%D9%87%DB%8C_%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_%D9%88_%D8%B6%D8%AF%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مبانی فقهی جاسوسی و ضدجاسوسی]) is a summary and compilation of the jurisprudential discussions by Shaykh [[Najm al-Din Tabasi]] at the The Islamic Seminary in Qom. This work was printed and published after being reviewed and corrected by him. In this book, jurisprudential discussions regarding Intelligence Gathering are presented in five Discourses. The author uses Quranic verses, narrations, and historical texts to present and analyze the different aspects of Intelligence Gathering. After defining and categorizing various types of Intelligence Gathering, the author proceeds to detail the ruling (hukm) for each category. Throughout the main discussion, related secondary issues concerning Intelligence Gathering have also been addressed.<br /> == A Brief Look at the Book ==<br /> The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering, authored by [[Najm al-Din Moravveji Tabasi]], is a scholarly work within the domain of political jurisprudence. It was published in collaboration with Markaz e-Takhasussi e-Aimmah al-Athar (A). This book is a Compilation of Lectures by Shaykh Najm al-Din Tabasi at the The Islamic Seminary in Qom, which has been published after his review and revision. This work aims to study the Jurisprudential Rulings regarding Intelligence Gathering — which has been categorized into several types in the text — through an examination of relevant narrations and the legal Jurisprudential Rulings of jurists from both sects (Shia and Sunni), along with issues related to it. These issues include matters such as committing unlawful acts for the purpose of Intelligence Gathering, the status of agreements and Safe Conduct to spies, torturing spies, extracting Admissions from them, and interpreting the legitimacy of Intelligence Gathering based on narrations concerning the appointment of an Arif (a recognized leader or expert in a community) and Naqib (a representative or head of a tribe).<br /> === About the Author ===<br /> Najm al-Din Maruji Tabasi (born 1334 SH ) is a Senior Lecturer of Advanced Seminar in Islamic jurisprudence at the The Islamic Seminary of Qom. He has authored over 27 works, some of which adopt a Juridical-Legalistic Approach. His notable works include:<br /> <br /> - Al-Dirasat al-Fiqhiyya fi Masa'il Khilafiyya (Jurisprudential Studies on Controversial Issues)<br /> <br /> - Al-Zawaj al-Muwaqqat 'inda al-Sahaba wa al-Tabi'in (Temporary Marriage Among the Companions and Followers)<br /> <br /> - Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid'a (Excommunication Between Tradition and Innovation)<br /> <br /> - Tab’id dar Islam (Exile in Islam)<br /> - Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)<br /> <br /> - Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)<br /> == Structure of the Book ==<br /> The book The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering is organized into five Discourses (maqām), with each Discourse further divided into chapters, depending on the depth of the discussion, and presenting various topics.<br /> <br /> First Discourse: The Meaning of Intelligence Gathering <br /> In this Discourse, the linguistic and terminological meanings of Intelligence Gathering are examined.<br /> <br /> Second Discourse: Types of Intelligence Gathering and Spies<br /> Here, the author categorizes Intelligence Gathering into five types and classifies spies into two categories.<br /> <br /> Third Discourse: The Ruling on Intelligence Gathering<br /> <br /> This Discourse is presented in two chapters:<br /> <br /> 1. Intelligence Gathering benefiting disbelief (kufr) and in its interests.<br /> <br /> 2. Intelligence Gathering benefiting Islam and the Islamic government.<br /> <br /> The first chapter includes three discussions:<br /> <br /> a) The ruling on a Muslim spy according to the fatwas of Shia jurists.<br /> <br /> b) The perspectives of Sunni jurists.<br /> <br /> c) The jurisprudential evidence for the ruling.<br /> <br /> Fourth Discourse: On Arif and Naqib<br /> Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Intelligence Gathering?<br /> <br /> Fifth Discourse: Committing Prohibited Acts During Intelligence Gathering<br /> Is it permissible to commit sinful acts in the process of Intelligence Gathering?<br /> == Meaning and Types of Intelligence Gathering ==<br /> In the first Discourse, the author discusses the linguistic meaning of Tajassus ( Intelligence Gathering) using various lexical sources. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.<br /> In the second Discourse, Intelligence Gathering is classified based on its benefit or lack thereof:<br /> <br /> 1. Investigating personal affairs without any rational motivation (i.e., meddling).<br /> <br /> 2. Intelligence Gathering driven by corrupt intentions.<br /> <br /> 3. Intelligence Gathering with a rational and legitimate purpose.<br /> The third category is further divided into:<br /> <br /> a) Intelligence Gathering for a necessary purpose, such as preserving the Islamic government.<br /> <br /> b) Intelligence Gathering for a commendable purpose, such as identifying qualified individuals.<br /> <br /> Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): <br /> <br /> 1. Spies working in favor of the enemies of Islam. <br /> <br /> 2. Spies working in favor of the Islamic state. <br /> ==Intelligence Gathering Benefiting Disbelief (Kufr)==<br /> === The Ruling on a Muslim Spy ===<br /> In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. <br /> <br /> 1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to execution. However, some contemporary scholars have ruled for the death penalty in cases where Intelligence Gathering is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).<br /> <br /> 2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, execution, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.<br /> <br /> 3. Jurisprudential Evidence: The author presents five pieces of evidence:<br /> <br /> - Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam). <br /> <br /> - A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the execution of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.<br /> <br /> - A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Intelligence Gathering.<br /> In the first three evidences, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable evidence to justify the execution of a Muslim spy. Based on the principle of precaution and available evidence, he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).<br /> <br /> Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Intelligence Gathering, and another where the person converted to Islam after committing Intelligence Gathering. In both cases, he finds the narration insufficient to justify execution.<br /> <br /> As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Intelligence Gathering, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Jurisprudential Rulings of Shia jurists.<br /> === Ruling on a Non-Muslim Spy ===<br /> There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the execution of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal Jurisprudential Rulings, and they are included in the book mainly to provide a comprehensive discussion.<br /> <br /> The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is execution. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a Admission.<br /> ==== The Dhimmi Spy and the Musta'min Spy ====<br /> In the context of non-Muslim spies, the author explores two jurisprudential branches:<br /> a) Does Intelligence Gathering violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: <br /> <br /> 1. Intelligence Gathering immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected. <br /> <br /> 2. It depends on the terms of the Dhimmah agreement. If refraining from Intelligence Gathering is one of the conditions, then their blood is forfeit. However, the conditions of the Dhimmah contract are not fixed, meaning that the ruler, based on his discretion, can add or remove certain conditions.<br /> <br /> The author also refers to various Sunni opinions, including execution or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: &quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&quot;<br /> <br /> b) The Ruling on a Mu'ahid or Musta'min Spy<br /> <br /> The ruling on a spy who is a treaty-holder (Mu'ahid) or a person under temporary protection (Musta'min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: <br /> <br /> In this Discourse, the author presents the views of Shia scholars, who state that if the Imam finds that the spy has committed an offense punishable by hudud (legal punishment) or ta'zir (discretionary punishment), the appropriate punishment is carried out. However, if no legal claim is established against the spy, they are sent back to their homeland. Moreover, Muslims are permitted to prevent an enemy spy from returning to their own territory. <br /> === Torture of Spies and the Validity of Admission Under Torture ===<br /> Regarding the discussion of torturing spies and the validity of Admissions obtained under torture, the author presents two viewpoints: one permitting and the other prohibiting torture, as well as rejecting the validity of Admissions made under duress. The proponents and their reasoning for each stance are also discussed. <br /> <br /> Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &quot;Views of Shia Jurists&quot; and &quot;Views of Sunni Jurists,&quot; the opinions of some scholars from are presented.<br /> In the end, the author concludes that torturing someone to force a Admission from them is unlawful. Such an act constitutes a form of domination or authority over another person, and the basic principle is that no one has authority over another, except when justified by a valid reason (such as necessity or public interest). <br /> == Intelligence Gathering for the Benefit of Islam and the Islamic System ==<br /> In this Discourse, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each:<br /> In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each:<br /> 1. [[Surah Al-Hujurat, verse 12]]: The conclusion is that the verse addresses spying for the benefit of disbelievers or, at the very least, in matters of individual and social affairs. The verse forbids investigating hidden matters and faults.<br /> 2. [[Surah An-Nur, verse 19]]: The conclusion is that this verse does not relate to Intelligence Gathering or have any direct connection to the topic.<br /> 3. [[Surah Al-Anfal, verse 27]]: <br /> <br /> - The context of the verse is debated:<br /> <br /> 1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.<br /> <br /> 2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.<br /> <br /> 3. The story of Abu Lubaba during the war with Banu Qurayza.<br /> <br /> Based on the first and third explanations, the verse is related to the prohibition of Intelligence Gathering. However, the second explanation pertains more to the prohibition of spreading and disclosing secrets, which may not be entirely relevant to Intelligence Gathering.<br /> == Supplementary Discussions ==<br /> ====Juridical or Subject-Specific Exception?====<br /> Is Intelligence Gathering for the benefit of the Islamic system and national security considered unlawful? If it is not prohibited, is the exception due to a juridical or subject-specific exemption?<br /> <br /> The author, in response to this question, writes that contrary to his earlier view, this type of Intelligence Gathering falls under a juridical exemption, not a subject-specific one. In fact, this type of Intelligence Gathering still constitutes a form of prohibited Intelligence Gathering. In this type of Intelligence Gathering, expediency merely is not sufficient to lift the prohibition; a stronger expediency must exist because, in cases of conflict, the more important takes precedence (similar to the case of not executing a coerced murderer or exceptions to gossip). Intelligence Gathering is prohibited, but the preservation of the [Islamic] system is obligatory, and in the presence of conflict and the prioritization of the more significant matter, Intelligence Gathering is permissible; thus, the exemption here is judicial in nature. However, some instances of Intelligence Gathering have a subjective exemption; for example, if they do not fall under the category of probing into the faults of others (such as polling public satisfaction regarding the government) or if they do not involve uncovering hidden matters, like when a person openly commits a sin and does not conceal their wrongdoing.<br /> ==== The Use of Spies in the Lives of the Infallibles ====<br /> To prove the appropriateness and necessity of this practice, the author presents eight historical and narrational examples from the lives of the Infallibles. These instances demonstrate either direct involvement in Intelligence Gathering, or sending of spies or approval of spy operations. Any objections to these texts do not pose a problem, as their abundance has reached the level of certainty, confirming that some of them were indeed sanctioned by the Infallibles. <br /> === Sunni Narrations on Military Affairs during the Prophet’s Time ===<br /> In this Discourse, the author lists fifteen narrations that show how the Prophet (PBUH) used intelligence provided by others about enemy movements during wars and different circumstances, or how he himself ordered Intelligence Gathering. The author highlights the narration from Ibn Hisham as one of the most significant examples. This narration refers to when the Quraysh abandoned their siege of Medina and retreated toward Mecca. The Prophet (PBUH) instructed Imam Ali (A.S) to spy on them to ensure their intentions. The Prophet told Imam Ali: “If they are riding camels and their horses are loose, they are headed for Mecca. But if they are riding horses and their camels are untied, they intend to return and attack.” This is because the Infallible (the Prophet) orders Intelligence Gathering, and another Infallible (Imam Ali) is tasked with spying.<br /> <br /> Furthermore, the author believes that the narration from Ibn Sa'd (in the expedition of Usamah ibn Zayd ibn Harithah, the Messenger of God instructed Usamah: “Take guides with you and send out spies ahead of you”) conveys a meaning that goes beyond mere permissibility of Intelligence Gathering; it indicates its obligation.<br /> ====The Role of Arif and Naqib====<br /> In the fifth Discourse of the book, the author discusses the terms Arif and Naqib, beginning with their linguistic meanings. The word Naqb refers to searching for secrets and hidden information, and a Naqib was someone in charge of a tribe who was knowledgeable about its affairs and of the means to recognize them. The Arif, on the other hand, was a person responsible for the affairs of a group or tribe, aware of their conditions, but of a lower status than the cheif. The author also references a hadith from Imam Ali (A.S.) where Arraf with a particular pronunciation refers to an astronomer or priest. <br /> <br /> The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Intelligence Gathering. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Intelligence Gathering and inquiry is acceptable. <br /> ====Committing Forbidden Acts during Intelligence Gathering====<br /> In the sixth Discourse of the book, the author raises a key question: “If Intelligence Gathering requires committing forbidden acts, is it permissible to engage in them?” The author notes that it has been stated that if the only available means is a forbidden act, then engaging in such acts can be justified based on certain evidences and texts. He then presents these evidences and critiques them.<br /> ==Notes on the Book==<br /> {{column|3}}<br /> # The book is a transcription of Najm al-Din Tabasi’s advanced jurisprudence class (Dars-e-Kharij), penned by one of his students. Perhaps for this reason, various side discussions and unrelated topics are frequently raised throughout the book. In different sections, the author digresses from the main topic into secondary discussions as deemed appropriate. For instance, while narrating a tradition from Tabarsi’s works, the author critiques the last part of the narration that states, &quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: 'Do whatever you wish, for I have forgiven you'&quot; (p. 39). He then brings in Allama Tabatabai’s response to this objection, which takes up about seven pages of the book. Additionally, the author introduces discussions on the narrators (rijal) whenever names of individuals are mentioned, which seems unnecessary. Similarly, when discussing the chain of narrators for one tradition, a biographical discussion is initiated due Nofali being accused of extremism (ghuluw), leading to a lengthy discussion on the Qom scholars’ view on extremism, followed by criticisms of their stance (pp. 88–93).<br /> # The presence of these tangential discussions disrupts the cohesion of the book, leaving the reader with a less structured and consistent narrative. As a result, the flow of the discussion is sometimes lost, and the reader may occasionally feel that the discussion lacks a clear conclusion.<br /> # In many instances, the author could have included topics that are less relevant to the main discussion as footnotes or endnotes instead of integrating them into the main text.<br /> # The author, in discussing the first verse concerning the permissibility of espionage for the benefit of Islam and the Islamic system, argues that the verse on espionage is not general but specifically refers to espionage benefiting the enemy. He interprets &quot;suspicion&quot; in the verse to mean acting on and avoiding backbiting and slander (which do not benefit Muslims), thus restricting the prohibition of espionage to cases that do not benefit Muslims. Therefore, no conflict arises here, as this matter is categorically excluded, and from the outset, espionage for the benefit of Muslims is not included in the type of espionage that the verse addresses; rather, it is specifically excluded and is not prohibited, so no conflict occurs (p. 133). Here, in addition to the reasoning seeming inadequate, the author later states that contrary to our previous opinion, it appears that the exception is a juridical one, not a subjective one. In fact, this type of espionage is one of the instances of prohibited espionage (p. 157).<br /> # In discussing the torture of spies and the validity of confessions obtained under torture, the author refers to two narrations that were related to cases where someone was concealing information; however, it seems that the narrations generally prohibit torture. However, he concludes that narrations prohibiting torture are absolute and, based on this, deduces that torture for extracting confessions from spies is forbidden. <br /> # None of the ten narrations in the section titled &quot;Additional General Narrations on Torture&quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.<br /> # The author could have integrated the discussion on Arif and Naqib under the broader section on narrational evidence regarding espionage. Similarly, the topic of committing forbidden acts during espionage could have been treated as a subsidiary issue within the legal rulings on espionage, rather than being assigned separate chapters or sections.<br /> {{end}}<br /> [[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]<br /> [[category:Books by Najm al-Din Tabasi]]<br /> [[Category:Bibliography Articles]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&diff=2764 2026-05-13T12:32:45Z

<p>Sarfipour: /* Structure of the Book */</p> <hr /> <div>{{infobox book<br /> | title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg<br /> | caption = &lt;!-- Add caption for the image --&gt;<br /> | other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī<br /> | main title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | author = Mohammad Javad Asadi<br /> | date of writing = 2021<br /> | subject = Espionage, Counter-espionage, Islamic Jurisprudence<br /> | style = Analytical, Jurisprudential<br /> | language = Persian<br /> | main language = Persian<br /> | editor = &lt;!-- Add editor name if available --&gt;<br /> | textual editing = &lt;!-- Add textual editing details if relevant --&gt;<br /> | with the efforts of = &lt;!-- Add contributors if relevant --&gt;<br /> | collection = &lt;!-- Add collection name if available --&gt;<br /> | illustrator = &lt;!-- Add illustrator name if available --&gt;<br /> | cover designer = &lt;!-- Add cover designer name if available --&gt;<br /> | volumes = 1<br /> | pages = 400<br /> | size = &lt;!-- Specify dimensions if known --&gt;<br /> | translations = &lt;!-- Add translation details if available --&gt;<br /> | publisher = Islamic Research Institute for Culture and Thought<br /> | publication place = Tehran, Iran<br /> | publication date = 2021 (1st Edition)<br /> | printing = 1st Edition<br /> | print run = &lt;!-- Add print run details if available --&gt;<br /> | isbn = &lt;!-- Add ISBN number if available --&gt;<br /> | media type = Print<br /> | publisher website = &lt;!-- Add publisher website URL --&gt;<br /> | english name = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | translator = &lt;!-- Add translator name if available --&gt;<br /> | publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)<br /> | electronic version= &lt;!-- Add link to electronic version if available --&gt;<br /> | other volumes = &lt;!-- Add details of other volumes if available --&gt;<br /> }}<br /> {{Author<br /> |author = Mostafa haghanifazl<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }} <br /> * '''abstract'''<br /> The book The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%A8%D8%A7%D9%86%DB%8C_%D9%81%D9%82%D9%87%DB%8C_%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_%D9%88_%D8%B6%D8%AF%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مبانی فقهی جاسوسی و ضدجاسوسی]) is a summary and compilation of the jurisprudential discussions by Shaykh [[Najm al-Din Tabasi]] at the The Islamic Seminary in Qom. This work was printed and published after being reviewed and corrected by him. In this book, jurisprudential discussions regarding Intelligence Gathering are presented in five Discourses. The author uses Quranic verses, narrations, and historical texts to present and analyze the different aspects of Intelligence Gathering. After defining and categorizing various types of Intelligence Gathering, the author proceeds to detail the ruling (hukm) for each category. Throughout the main discussion, related secondary issues concerning Intelligence Gathering have also been addressed.<br /> == A Brief Look at the Book ==<br /> The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering, authored by [[Najm al-Din Moravveji Tabasi]], is a scholarly work within the domain of political jurisprudence. It was published in collaboration with Markaz e-Takhasussi e-Aimmah al-Athar (A). This book is a Compilation of Lectures discussions by Shaykh Najm al-Din Tabasi at the The Islamic Seminary in Qom, which has been published after his review and revision. This work aims to study the Jurisprudential Rulings regarding Intelligence Gathering — which has been categorized into several types in the text — through an examination of relevant narrations and the legal Jurisprudential Rulings of jurists from both sects (Shia and Sunni), along with issues related to it. These issues include matters such as committing unlawful acts for the purpose of Intelligence Gathering, the status of agreements and Safe Conduct to spies, torturing spies, extracting Admissions from them, and interpreting the legitimacy of Intelligence Gathering based on narrations concerning the appointment of an Arif (a recognized leader or expert in a community) and Naqib (a representative or head of a tribe).<br /> === About the Author ===<br /> Najm al-Din Maruji Tabasi (born 1334 SH ) is a Senior Lecturer of Advanced Seminar in Islamic jurisprudence at the The Islamic Seminary of Qom. He has authored over 27 works, some of which adopt a Juridical-Legalistic Approach. His notable works include:<br /> <br /> - Al-Dirasat al-Fiqhiyya fi Masa'il Khilafiyya (Jurisprudential Studies on Controversial Issues)<br /> <br /> - Al-Zawaj al-Muwaqqat 'inda al-Sahaba wa al-Tabi'in (Temporary Marriage Among the Companions and Followers)<br /> <br /> - Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid'a (Excommunication Between Tradition and Innovation)<br /> <br /> - Tab’id dar Islam (Exile in Islam)<br /> - Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)<br /> <br /> - Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)<br /> == Structure of the Book ==<br /> The book The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering is organized into five Discourses (maqām), with each Discourse further divided into chapters, depending on the depth of the discussion, and presenting various topics.<br /> <br /> First Discourse: The Meaning of Intelligence Gathering <br /> In this Discourse, the linguistic and terminological meanings of Intelligence Gathering are examined.<br /> <br /> Second Discourse: Types of Intelligence Gathering and Spies<br /> Here, the author categorizes Intelligence Gathering into five types and classifies spies into two categories.<br /> <br /> Third Discourse: The Ruling on Intelligence Gathering<br /> <br /> This Discourse is presented in two chapters:<br /> <br /> 1. Intelligence Gathering benefiting disbelief (kufr) and in its interests.<br /> <br /> 2. Intelligence Gathering benefiting Islam and the Islamic government.<br /> <br /> The first chapter includes three discussions:<br /> <br /> a) The ruling on a Muslim spy according to the fatwas of Shia jurists.<br /> <br /> b) The perspectives of Sunni jurists.<br /> <br /> c) The jurisprudential evidence for the ruling.<br /> <br /> Fourth Discourse: On Arif and Naqib<br /> Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Intelligence Gathering?<br /> <br /> Fifth Discourse: Committing Prohibited Acts During Intelligence Gathering<br /> Is it permissible to commit sinful acts in the process of Intelligence Gathering?<br /> == Meaning and Types of Intelligence Gathering ==<br /> In the first Discourse, the author discusses the linguistic meaning of Tajassus ( Intelligence Gathering) using various lexical sources. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.<br /> In the second Discourse, Intelligence Gathering is classified based on its benefit or lack thereof:<br /> <br /> 1. Investigating personal affairs without any rational motivation (i.e., meddling).<br /> <br /> 2. Intelligence Gathering driven by corrupt intentions.<br /> <br /> 3. Intelligence Gathering with a rational and legitimate purpose.<br /> The third category is further divided into:<br /> <br /> a) Intelligence Gathering for a necessary purpose, such as preserving the Islamic government.<br /> <br /> b) Intelligence Gathering for a commendable purpose, such as identifying qualified individuals.<br /> <br /> Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): <br /> <br /> 1. Spies working in favor of the enemies of Islam. <br /> <br /> 2. Spies working in favor of the Islamic state. <br /> ==Intelligence Gathering Benefiting Disbelief (Kufr)==<br /> === The Ruling on a Muslim Spy ===<br /> In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. <br /> <br /> 1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to execution. However, some contemporary scholars have ruled for the death penalty in cases where Intelligence Gathering is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).<br /> <br /> 2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, execution, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.<br /> <br /> 3. Jurisprudential Evidence: The author presents five pieces of evidence:<br /> <br /> - Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam). <br /> <br /> - A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the execution of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.<br /> <br /> - A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Intelligence Gathering.<br /> In the first three evidences, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable evidence to justify the execution of a Muslim spy. Based on the principle of precaution and available evidence, he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).<br /> <br /> Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Intelligence Gathering, and another where the person converted to Islam after committing Intelligence Gathering. In both cases, he finds the narration insufficient to justify execution.<br /> <br /> As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Intelligence Gathering, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Jurisprudential Rulings of Shia jurists.<br /> === Ruling on a Non-Muslim Spy ===<br /> There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the execution of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal Jurisprudential Rulings, and they are included in the book mainly to provide a comprehensive discussion.<br /> <br /> The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is execution. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a Admission.<br /> ==== The Dhimmi Spy and the Musta'min Spy ====<br /> In the context of non-Muslim spies, the author explores two jurisprudential branches:<br /> a) Does Intelligence Gathering violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: <br /> <br /> 1. Intelligence Gathering immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected. <br /> <br /> 2. It depends on the terms of the Dhimmah agreement. If refraining from Intelligence Gathering is one of the conditions, then their blood is forfeit. However, the conditions of the Dhimmah contract are not fixed, meaning that the ruler, based on his discretion, can add or remove certain conditions.<br /> <br /> The author also refers to various Sunni opinions, including execution or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: &quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&quot;<br /> <br /> b) The Ruling on a Mu'ahid or Musta'min Spy<br /> <br /> The ruling on a spy who is a treaty-holder (Mu'ahid) or a person under temporary protection (Musta'min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: <br /> <br /> In this Discourse, the author presents the views of Shia scholars, who state that if the Imam finds that the spy has committed an offense punishable by hudud (legal punishment) or ta'zir (discretionary punishment), the appropriate punishment is carried out. However, if no legal claim is established against the spy, they are sent back to their homeland. Moreover, Muslims are permitted to prevent an enemy spy from returning to their own territory. <br /> === Torture of Spies and the Validity of Admission Under Torture ===<br /> Regarding the discussion of torturing spies and the validity of Admissions obtained under torture, the author presents two viewpoints: one permitting and the other prohibiting torture, as well as rejecting the validity of Admissions made under duress. The proponents and their reasoning for each stance are also discussed. <br /> <br /> Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &quot;Views of Shia Jurists&quot; and &quot;Views of Sunni Jurists,&quot; the opinions of some scholars from are presented.<br /> In the end, the author concludes that torturing someone to force a Admission from them is unlawful. Such an act constitutes a form of domination or authority over another person, and the basic principle is that no one has authority over another, except when justified by a valid reason (such as necessity or public interest). <br /> == Intelligence Gathering for the Benefit of Islam and the Islamic System ==<br /> In this Discourse, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each:<br /> In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each:<br /> 1. [[Surah Al-Hujurat, verse 12]]: The conclusion is that the verse addresses spying for the benefit of disbelievers or, at the very least, in matters of individual and social affairs. The verse forbids investigating hidden matters and faults.<br /> 2. [[Surah An-Nur, verse 19]]: The conclusion is that this verse does not relate to Intelligence Gathering or have any direct connection to the topic.<br /> 3. [[Surah Al-Anfal, verse 27]]: <br /> <br /> - The context of the verse is debated:<br /> <br /> 1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.<br /> <br /> 2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.<br /> <br /> 3. The story of Abu Lubaba during the war with Banu Qurayza.<br /> <br /> Based on the first and third explanations, the verse is related to the prohibition of Intelligence Gathering. However, the second explanation pertains more to the prohibition of spreading and disclosing secrets, which may not be entirely relevant to Intelligence Gathering.<br /> == Supplementary Discussions ==<br /> ====Juridical or Subject-Specific Exception?====<br /> Is Intelligence Gathering for the benefit of the Islamic system and national security considered unlawful? If it is not prohibited, is the exception due to a juridical or subject-specific exemption?<br /> <br /> The author, in response to this question, writes that contrary to his earlier view, this type of Intelligence Gathering falls under a juridical exemption, not a subject-specific one. In fact, this type of Intelligence Gathering still constitutes a form of prohibited Intelligence Gathering. In this type of Intelligence Gathering, expediency merely is not sufficient to lift the prohibition; a stronger expediency must exist because, in cases of conflict, the more important takes precedence (similar to the case of not executing a coerced murderer or exceptions to gossip). Intelligence Gathering is prohibited, but the preservation of the [Islamic] system is obligatory, and in the presence of conflict and the prioritization of the more significant matter, Intelligence Gathering is permissible; thus, the exemption here is judicial in nature. However, some instances of Intelligence Gathering have a subjective exemption; for example, if they do not fall under the category of probing into the faults of others (such as polling public satisfaction regarding the government) or if they do not involve uncovering hidden matters, like when a person openly commits a sin and does not conceal their wrongdoing.<br /> ==== The Use of Spies in the Lives of the Infallibles ====<br /> To prove the appropriateness and necessity of this practice, the author presents eight historical and narrational examples from the lives of the Infallibles. These instances demonstrate either direct involvement in Intelligence Gathering, or sending of spies or approval of spy operations. Any objections to these texts do not pose a problem, as their abundance has reached the level of certainty, confirming that some of them were indeed sanctioned by the Infallibles. <br /> === Sunni Narrations on Military Affairs during the Prophet’s Time ===<br /> In this Discourse, the author lists fifteen narrations that show how the Prophet (PBUH) used intelligence provided by others about enemy movements during wars and different circumstances, or how he himself ordered Intelligence Gathering. The author highlights the narration from Ibn Hisham as one of the most significant examples. This narration refers to when the Quraysh abandoned their siege of Medina and retreated toward Mecca. The Prophet (PBUH) instructed Imam Ali (A.S) to spy on them to ensure their intentions. The Prophet told Imam Ali: “If they are riding camels and their horses are loose, they are headed for Mecca. But if they are riding horses and their camels are untied, they intend to return and attack.” This is because the Infallible (the Prophet) orders Intelligence Gathering, and another Infallible (Imam Ali) is tasked with spying.<br /> <br /> Furthermore, the author believes that the narration from Ibn Sa'd (in the expedition of Usamah ibn Zayd ibn Harithah, the Messenger of God instructed Usamah: “Take guides with you and send out spies ahead of you”) conveys a meaning that goes beyond mere permissibility of Intelligence Gathering; it indicates its obligation.<br /> ====The Role of Arif and Naqib====<br /> In the fifth Discourse of the book, the author discusses the terms Arif and Naqib, beginning with their linguistic meanings. The word Naqb refers to searching for secrets and hidden information, and a Naqib was someone in charge of a tribe who was knowledgeable about its affairs and of the means to recognize them. The Arif, on the other hand, was a person responsible for the affairs of a group or tribe, aware of their conditions, but of a lower status than the cheif. The author also references a hadith from Imam Ali (A.S.) where Arraf with a particular pronunciation refers to an astronomer or priest. <br /> <br /> The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Intelligence Gathering. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Intelligence Gathering and inquiry is acceptable. <br /> ====Committing Forbidden Acts during Intelligence Gathering====<br /> In the sixth Discourse of the book, the author raises a key question: “If Intelligence Gathering requires committing forbidden acts, is it permissible to engage in them?” The author notes that it has been stated that if the only available means is a forbidden act, then engaging in such acts can be justified based on certain evidences and texts. He then presents these evidences and critiques them.<br /> ==Notes on the Book==<br /> {{column|3}}<br /> # The book is a transcription of Najm al-Din Tabasi’s advanced jurisprudence class (Dars-e-Kharij), penned by one of his students. Perhaps for this reason, various side discussions and unrelated topics are frequently raised throughout the book. In different sections, the author digresses from the main topic into secondary discussions as deemed appropriate. For instance, while narrating a tradition from Tabarsi’s works, the author critiques the last part of the narration that states, &quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: 'Do whatever you wish, for I have forgiven you'&quot; (p. 39). He then brings in Allama Tabatabai’s response to this objection, which takes up about seven pages of the book. Additionally, the author introduces discussions on the narrators (rijal) whenever names of individuals are mentioned, which seems unnecessary. Similarly, when discussing the chain of narrators for one tradition, a biographical discussion is initiated due Nofali being accused of extremism (ghuluw), leading to a lengthy discussion on the Qom scholars’ view on extremism, followed by criticisms of their stance (pp. 88–93).<br /> # The presence of these tangential discussions disrupts the cohesion of the book, leaving the reader with a less structured and consistent narrative. As a result, the flow of the discussion is sometimes lost, and the reader may occasionally feel that the discussion lacks a clear conclusion.<br /> # In many instances, the author could have included topics that are less relevant to the main discussion as footnotes or endnotes instead of integrating them into the main text.<br /> # The author, in discussing the first verse concerning the permissibility of espionage for the benefit of Islam and the Islamic system, argues that the verse on espionage is not general but specifically refers to espionage benefiting the enemy. He interprets &quot;suspicion&quot; in the verse to mean acting on and avoiding backbiting and slander (which do not benefit Muslims), thus restricting the prohibition of espionage to cases that do not benefit Muslims. Therefore, no conflict arises here, as this matter is categorically excluded, and from the outset, espionage for the benefit of Muslims is not included in the type of espionage that the verse addresses; rather, it is specifically excluded and is not prohibited, so no conflict occurs (p. 133). Here, in addition to the reasoning seeming inadequate, the author later states that contrary to our previous opinion, it appears that the exception is a juridical one, not a subjective one. In fact, this type of espionage is one of the instances of prohibited espionage (p. 157).<br /> # In discussing the torture of spies and the validity of confessions obtained under torture, the author refers to two narrations that were related to cases where someone was concealing information; however, it seems that the narrations generally prohibit torture. However, he concludes that narrations prohibiting torture are absolute and, based on this, deduces that torture for extracting confessions from spies is forbidden. <br /> # None of the ten narrations in the section titled &quot;Additional General Narrations on Torture&quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.<br /> # The author could have integrated the discussion on Arif and Naqib under the broader section on narrational evidence regarding espionage. Similarly, the topic of committing forbidden acts during espionage could have been treated as a subsidiary issue within the legal rulings on espionage, rather than being assigned separate chapters or sections.<br /> {{end}}<br /> [[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]<br /> [[category:Books by Najm al-Din Tabasi]]<br /> [[Category:Bibliography Articles]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&diff=2763 2026-05-13T12:05:08Z

<p>Sarfipour: </p> <hr /> <div>{{infobox book<br /> | title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg<br /> | caption = &lt;!-- Add caption for the image --&gt;<br /> | other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī<br /> | main title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | author = Mohammad Javad Asadi<br /> | date of writing = 2021<br /> | subject = Espionage, Counter-espionage, Islamic Jurisprudence<br /> | style = Analytical, Jurisprudential<br /> | language = Persian<br /> | main language = Persian<br /> | editor = &lt;!-- Add editor name if available --&gt;<br /> | textual editing = &lt;!-- Add textual editing details if relevant --&gt;<br /> | with the efforts of = &lt;!-- Add contributors if relevant --&gt;<br /> | collection = &lt;!-- Add collection name if available --&gt;<br /> | illustrator = &lt;!-- Add illustrator name if available --&gt;<br /> | cover designer = &lt;!-- Add cover designer name if available --&gt;<br /> | volumes = 1<br /> | pages = 400<br /> | size = &lt;!-- Specify dimensions if known --&gt;<br /> | translations = &lt;!-- Add translation details if available --&gt;<br /> | publisher = Islamic Research Institute for Culture and Thought<br /> | publication place = Tehran, Iran<br /> | publication date = 2021 (1st Edition)<br /> | printing = 1st Edition<br /> | print run = &lt;!-- Add print run details if available --&gt;<br /> | isbn = &lt;!-- Add ISBN number if available --&gt;<br /> | media type = Print<br /> | publisher website = &lt;!-- Add publisher website URL --&gt;<br /> | english name = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | translator = &lt;!-- Add translator name if available --&gt;<br /> | publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)<br /> | electronic version= &lt;!-- Add link to electronic version if available --&gt;<br /> | other volumes = &lt;!-- Add details of other volumes if available --&gt;<br /> }}<br /> {{Author<br /> |author = Mostafa haghanifazl<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }} <br /> * '''abstract'''<br /> The book The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%A8%D8%A7%D9%86%DB%8C_%D9%81%D9%82%D9%87%DB%8C_%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_%D9%88_%D8%B6%D8%AF%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مبانی فقهی جاسوسی و ضدجاسوسی]) is a summary and compilation of the jurisprudential discussions by Shaykh [[Najm al-Din Tabasi]] at the The Islamic Seminary in Qom. This work was printed and published after being reviewed and corrected by him. In this book, jurisprudential discussions regarding Intelligence Gathering are presented in five sections. The author uses Quranic verses, narrations, and historical texts to present and analyze the different aspects of Intelligence Gathering. After defining and categorizing various types of Intelligence Gathering, the author proceeds to detail the ruling (hukm) for each category. Throughout the main discussion, related secondary issues concerning Intelligence Gathering have also been addressed.<br /> == A Brief Look at the Book ==<br /> The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering, authored by [[Najm al-Din Moravveji Tabasi]], is a scholarly work within the domain of political jurisprudence. It was published in collaboration with Markaz e-Takhasussi e-Aimmah al-Athar (A). This book is a Compilation of Lectures discussions by Shaykh Najm al-Din Tabasi at the The Islamic Seminary in Qom, which has been published after his review and revision. This work aims to study the Jurisprudential Rulings regarding Intelligence Gathering — which has been categorized into several types in the text — through an examination of relevant narrations and the legal Jurisprudential Rulings of jurists from both sects (Shia and Sunni), along with issues related to it. These issues include matters such as committing unlawful acts for the purpose of Intelligence Gathering, the status of agreements and Safe Conduct to spies, torturing spies, extracting Admissions from them, and interpreting the legitimacy of Intelligence Gathering based on narrations concerning the appointment of an Arif (a recognized leader or expert in a community) and Naqib (a representative or head of a tribe).<br /> === About the Author ===<br /> Najm al-Din Maruji Tabasi (born 1334 SH ) is a Senior Lecturer of Advanced Seminar in Islamic jurisprudence at the The Islamic Seminary of Qom. He has authored over 27 works, some of which adopt a Juridical-Legalistic Approach. His notable works include:<br /> <br /> - Al-Dirasat al-Fiqhiyya fi Masa'il Khilafiyya (Jurisprudential Studies on Controversial Issues)<br /> <br /> - Al-Zawaj al-Muwaqqat 'inda al-Sahaba wa al-Tabi'in (Temporary Marriage Among the Companions and Followers)<br /> <br /> - Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid'a (Excommunication Between Tradition and Innovation)<br /> <br /> - Tab’id dar Islam (Exile in Islam)<br /> - Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)<br /> <br /> - Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)<br /> == Structure of the Book ==<br /> The book The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering is organized into five sections (maqām), with each section further divided into chapters, depending on the depth of the discussion, and presenting various topics.<br /> First Section: The Meaning of Intelligence Gathering <br /> In this section, the linguistic and terminological meanings of Intelligence Gathering are examined.<br /> <br /> Second Section: Types of Intelligence Gathering and Spies<br /> Here, the author categorizes Intelligence Gathering into five types and classifies spies into two categories.<br /> <br /> Third Section: The Ruling on Intelligence Gathering<br /> This section is presented in two chapters:<br /> 1. Intelligence Gathering benefiting disbelief (kufr) and in its interests.<br /> 2. Intelligence Gathering benefiting Islam and the Islamic government.<br /> The first chapter includes three discussions:<br /> <br /> a) The ruling on a Muslim spy according to the fatwas of Shia jurists.<br /> <br /> b) The perspectives of Sunni jurists.<br /> <br /> c) The jurisprudential evidence for the ruling.<br /> <br /> Fourth Section: On Arif and Naqib<br /> Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Intelligence Gathering?<br /> <br /> Fifth Section: Committing Prohibited Acts During Intelligence Gathering<br /> Is it permissible to commit sinful acts in the process of Intelligence Gathering?<br /> == Meaning and Types of Intelligence Gathering ==<br /> In the first section, the author discusses the linguistic meaning of Tajassus ( Intelligence Gathering) using various lexical sources. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.<br /> In the second section, Intelligence Gathering is classified based on its benefit or lack thereof:<br /> 1. Investigating personal affairs without any rational motivation (i.e., meddling).<br /> 2. Intelligence Gathering driven by corrupt intentions.<br /> 3. Intelligence Gathering with a rational and legitimate purpose.<br /> The third category is further divided into:<br /> <br /> a) Intelligence Gathering for a necessary purpose, such as preserving the Islamic government.<br /> <br /> b) Intelligence Gathering for a commendable purpose, such as identifying qualified individuals.<br /> <br /> Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant):<br /> 1. Spies working in favor of the enemies of Islam.<br /> 2. Spies working in favor of the Islamic state. <br /> ==Intelligence Gathering Benefiting Disbelief (Kufr)==<br /> === The Ruling on a Muslim Spy ===<br /> In this section, the author discusses the ruling on a Muslim spy under three main headings. <br /> 1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to execution. However, some contemporary scholars have ruled for the death penalty in cases where Intelligence Gathering is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).<br /> <br /> 2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, execution, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.<br /> <br /> 3. Jurisprudential Evidence: The author presents five pieces of evidence:<br /> <br /> - Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam). <br /> <br /> - A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the execution of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.<br /> <br /> - A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Intelligence Gathering.<br /> In the first three evidences, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable evidence to justify the execution of a Muslim spy. Based on the principle of precaution and available evidence, he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).<br /> Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Intelligence Gathering, and another where the person converted to Islam after committing Intelligence Gathering. In both cases, he finds the narration insufficient to justify execution.<br /> As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Intelligence Gathering, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Jurisprudential Rulings of Shia jurists.<br /> === Ruling on a Non-Muslim Spy ===<br /> There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the execution of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal Jurisprudential Rulings, and they are included in the book mainly to provide a comprehensive discussion.<br /> The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is execution. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a Admission.<br /> ==== The Dhimmi Spy and the Musta'min Spy ====<br /> In the context of non-Muslim spies, the author explores two jurisprudential branches:<br /> a) Does Intelligence Gathering violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: <br /> 1. Intelligence Gathering immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected. <br /> 2. It depends on the terms of the Dhimmah agreement. If refraining from Intelligence Gathering is one of the conditions, then their blood is forfeit. However, the conditions of the Dhimmah contract are not fixed, meaning that the ruler, based on his discretion, can add or remove certain conditions.<br /> The author also refers to various Sunni opinions, including execution or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: &quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&quot;<br /> <br /> b) The Ruling on a Mu'ahid or Musta'min Spy<br /> <br /> The ruling on a spy who is a treaty-holder (Mu'ahid) or a person under temporary protection (Musta'min), someone who enters Islamic lands under a protection agreement but not to reside there permanently:<br /> In this section, the author presents the views of Shia scholars, who state that if the Imam finds that the spy has committed an offense punishable by hudud (legal punishment) or ta'zir (discretionary punishment), the appropriate punishment is carried out. However, if no legal claim is established against the spy, they are sent back to their homeland. Moreover, Muslims are permitted to prevent an enemy spy from returning to their own territory. <br /> === Torture of Spies and the Validity of Admission Under Torture ===<br /> Regarding the discussion of torturing spies and the validity of Admissions obtained under torture, the author presents two viewpoints: one permitting and the other prohibiting torture, as well as rejecting the validity of Admissions made under duress. The proponents and their reasoning for each stance are also discussed. <br /> Under the section titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &quot;Views of Shia Jurists&quot; and &quot;Views of Sunni Jurists,&quot; the opinions of some scholars from are presented.<br /> In the end, the author concludes that torturing someone to force a Admission from them is unlawful. Such an act constitutes a form of domination or authority over another person, and the basic principle is that no one has authority over another, except when justified by a valid reason (such as necessity or public interest). <br /> == Intelligence Gathering for the Benefit of Islam and the Islamic System ==<br /> In this section, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each:<br /> In this section, the author presents three Quranic verses and eight narrations, offering his analysis of each:<br /> 1. [[Surah Al-Hujurat, verse 12]]: The conclusion is that the verse addresses spying for the benefit of disbelievers or, at the very least, in matters of individual and social affairs. The verse forbids investigating hidden matters and faults.<br /> 2. [[Surah An-Nur, verse 19]]: The conclusion is that this verse does not relate to Intelligence Gathering or have any direct connection to the topic.<br /> 3. [[Surah Al-Anfal, verse 27]]: <br /> <br /> - The context of the verse is debated:<br /> <br /> 1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.<br /> <br /> 2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.<br /> <br /> 3. The story of Abu Lubaba during the war with Banu Qurayza.<br /> <br /> Based on the first and third explanations, the verse is related to the prohibition of Intelligence Gathering. However, the second explanation pertains more to the prohibition of spreading and disclosing secrets, which may not be entirely relevant to Intelligence Gathering.<br /> == Supplementary Discussions ==<br /> ====Juridical or Subject-Specific Exception?====<br /> Is Intelligence Gathering for the benefit of the Islamic system and national security considered unlawful? If it is not prohibited, is the exception due to a juridical or subject-specific exemption?<br /> The author, in response to this question, writes that contrary to his earlier view, this type of Intelligence Gathering falls under a juridical exemption, not a subject-specific one. In fact, this type of Intelligence Gathering still constitutes a form of prohibited Intelligence Gathering. In this type of Intelligence Gathering, expediency merely is not sufficient to lift the prohibition; a stronger expediency must exist because, in cases of conflict, the more important takes precedence (similar to the case of not executing a coerced murderer or exceptions to gossip). Intelligence Gathering is prohibited, but the preservation of the [Islamic] system is obligatory, and in the presence of conflict and the prioritization of the more significant matter, Intelligence Gathering is permissible; thus, the exemption here is judicial in nature. However, some instances of Intelligence Gathering have a subjective exemption; for example, if they do not fall under the category of probing into the faults of others (such as polling public satisfaction regarding the government) or if they do not involve uncovering hidden matters, like when a person openly commits a sin and does not conceal their wrongdoing.<br /> ==== The Use of Spies in the Lives of the Infallibles ====<br /> To prove the appropriateness and necessity of this practice, the author presents eight historical and narrational examples from the lives of the Infallibles. These instances demonstrate either direct involvement in Intelligence Gathering, or sending of spies or approval of spy operations. Any objections to these texts do not pose a problem, as their abundance has reached the level of certainty, confirming that some of them were indeed sanctioned by the Infallibles. <br /> === Sunni Narrations on Military Affairs during the Prophet’s Time ===<br /> In this section, the author lists fifteen narrations that show how the Prophet (PBUH) used intelligence provided by others about enemy movements during wars and different circumstances, or how he himself ordered Intelligence Gathering. The author highlights the narration from Ibn Hisham as one of the most significant examples. This narration refers to when the Quraysh abandoned their siege of Medina and retreated toward Mecca. The Prophet (PBUH) instructed Imam Ali (A.S) to spy on them to ensure their intentions. The Prophet told Imam Ali: “If they are riding camels and their horses are loose, they are headed for Mecca. But if they are riding horses and their camels are untied, they intend to return and attack.” This is because the Infallible (the Prophet) orders Intelligence Gathering, and another Infallible (Imam Ali) is tasked with spying.<br /> Furthermore, the author believes that the narration from Ibn Sa'd (in the expedition of Usamah ibn Zayd ibn Harithah, the Messenger of God instructed Usamah: “Take guides with you and send out spies ahead of you”) conveys a meaning that goes beyond mere permissibility of Intelligence Gathering; it indicates its obligation.<br /> ====The Role of Arif and Naqib====<br /> In the fifth section of the book, the author discusses the terms Arif and Naqib, beginning with their linguistic meanings. The word Naqb refers to searching for secrets and hidden information, and a Naqib was someone in charge of a tribe who was knowledgeable about its affairs and of the means to recognize them. The Arif, on the other hand, was a person responsible for the affairs of a group or tribe, aware of their conditions, but of a lower status than the cheif. The author also references a hadith from Imam Ali (A.S.) where Arraf with a particular pronunciation refers to an astronomer or priest.<br /> The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Intelligence Gathering. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Intelligence Gathering and inquiry is acceptable. <br /> ====Committing Forbidden Acts during Intelligence Gathering====<br /> In the sixth section of the book, the author raises a key question: “If Intelligence Gathering requires committing forbidden acts, is it permissible to engage in them?” The author notes that it has been stated that if the only available means is a forbidden act, then engaging in such acts can be justified based on certain evidences and texts. He then presents these evidences and critiques them.<br /> ==Notes on the Book==<br /> {{column|3}}<br /> # The book is a transcription of Najm al-Din Tabasi’s advanced jurisprudence class (Dars-e-Kharij), penned by one of his students. Perhaps for this reason, various side discussions and unrelated topics are frequently raised throughout the book. In different sections, the author digresses from the main topic into secondary discussions as deemed appropriate. For instance, while narrating a tradition from Tabarsi’s works, the author critiques the last part of the narration that states, &quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: 'Do whatever you wish, for I have forgiven you'&quot; (p. 39). He then brings in Allama Tabatabai’s response to this objection, which takes up about seven pages of the book. Additionally, the author introduces discussions on the narrators (rijal) whenever names of individuals are mentioned, which seems unnecessary. Similarly, when discussing the chain of narrators for one tradition, a biographical discussion is initiated due Nofali being accused of extremism (ghuluw), leading to a lengthy discussion on the Qom scholars’ view on extremism, followed by criticisms of their stance (pp. 88–93).<br /> # The presence of these tangential discussions disrupts the cohesion of the book, leaving the reader with a less structured and consistent narrative. As a result, the flow of the discussion is sometimes lost, and the reader may occasionally feel that the discussion lacks a clear conclusion.<br /> # In many instances, the author could have included topics that are less relevant to the main discussion as footnotes or endnotes instead of integrating them into the main text.<br /> # The author, in discussing the first verse concerning the permissibility of espionage for the benefit of Islam and the Islamic system, argues that the verse on espionage is not general but specifically refers to espionage benefiting the enemy. He interprets &quot;suspicion&quot; in the verse to mean acting on and avoiding backbiting and slander (which do not benefit Muslims), thus restricting the prohibition of espionage to cases that do not benefit Muslims. Therefore, no conflict arises here, as this matter is categorically excluded, and from the outset, espionage for the benefit of Muslims is not included in the type of espionage that the verse addresses; rather, it is specifically excluded and is not prohibited, so no conflict occurs (p. 133). Here, in addition to the reasoning seeming inadequate, the author later states that contrary to our previous opinion, it appears that the exception is a juridical one, not a subjective one. In fact, this type of espionage is one of the instances of prohibited espionage (p. 157).<br /> # In discussing the torture of spies and the validity of confessions obtained under torture, the author refers to two narrations that were related to cases where someone was concealing information; however, it seems that the narrations generally prohibit torture. However, he concludes that narrations prohibiting torture are absolute and, based on this, deduces that torture for extracting confessions from spies is forbidden. <br /> # None of the ten narrations in the section titled &quot;Additional General Narrations on Torture&quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.<br /> # The author could have integrated the discussion on Arif and Naqib under the broader section on narrational evidence regarding espionage. Similarly, the topic of committing forbidden acts during espionage could have been treated as a subsidiary issue within the legal rulings on espionage, rather than being assigned separate chapters or sections.<br /> {{end}}<br /> [[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]<br /> [[category:Books by Najm al-Din Tabasi]]<br /> [[Category:Bibliography Articles]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&diff=2762 2026-05-13T11:40:53Z

<p>Sarfipour: </p> <hr /> <div>{{infobox book<br /> | title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg<br /> | caption = &lt;!-- Add caption for the image --&gt;<br /> | other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī<br /> | main title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | author = Mohammad Javad Asadi<br /> | date of writing = 2021<br /> | subject = Espionage, Counter-espionage, Islamic Jurisprudence<br /> | style = Analytical, Jurisprudential<br /> | language = Persian<br /> | main language = Persian<br /> | editor = &lt;!-- Add editor name if available --&gt;<br /> | textual editing = &lt;!-- Add textual editing details if relevant --&gt;<br /> | with the efforts of = &lt;!-- Add contributors if relevant --&gt;<br /> | collection = &lt;!-- Add collection name if available --&gt;<br /> | illustrator = &lt;!-- Add illustrator name if available --&gt;<br /> | cover designer = &lt;!-- Add cover designer name if available --&gt;<br /> | volumes = 1<br /> | pages = 400<br /> | size = &lt;!-- Specify dimensions if known --&gt;<br /> | translations = &lt;!-- Add translation details if available --&gt;<br /> | publisher = Islamic Research Institute for Culture and Thought<br /> | publication place = Tehran, Iran<br /> | publication date = 2021 (1st Edition)<br /> | printing = 1st Edition<br /> | print run = &lt;!-- Add print run details if available --&gt;<br /> | isbn = &lt;!-- Add ISBN number if available --&gt;<br /> | media type = Print<br /> | publisher website = &lt;!-- Add publisher website URL --&gt;<br /> | english name = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | translator = &lt;!-- Add translator name if available --&gt;<br /> | publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)<br /> | electronic version= &lt;!-- Add link to electronic version if available --&gt;<br /> | other volumes = &lt;!-- Add details of other volumes if available --&gt;<br /> }}<br /> {{Author<br /> |author = Mostafa haghanifazl<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }} <br /> * '''abstract'''<br /> The book The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%A8%D8%A7%D9%86%DB%8C_%D9%81%D9%82%D9%87%DB%8C_%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_%D9%88_%D8%B6%D8%AF%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مبانی فقهی جاسوسی و ضدجاسوسی]) is a summary and compilation of the jurisprudential discussions by Shaykh [[Najm al-Din Tabasi]] at the The Islamic Seminary in Qom. This work was printed and published after being reviewed and corrected by him. In this book, jurisprudential discussions regarding Intelligence Gathering are presented in five sections. The author uses Quranic verses, narrations, and historical texts to present and analyze the different aspects of Intelligence Gathering. After defining and categorizing various types of Intelligence Gathering, the author proceeds to detail the ruling (hukm) for each category. Throughout the main discussion, related secondary issues concerning Intelligence Gathering have also been addressed.<br /> == A Brief Look at the Book ==<br /> The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering, authored by [[Najm al-Din Moravveji Tabasi]], is a scholarly work within the domain of political jurisprudence. It was published in collaboration with Markaz e-Takhasussi e-Aimmah al-Athar (A). This book is a Compilation of Lectures discussions by Shaykh Najm al-Din Tabasi at the The Islamic Seminary in Qom, which has been published after his review and revision. This work aims to study the Jurisprudential Rulings regarding Intelligence Gathering — which has been categorized into several types in the text — through an examination of relevant narrations and the legal Jurisprudential Rulings of jurists from both sects (Shia and Sunni), along with issues related to it. These issues include matters such as committing unlawful acts for the purpose of Intelligence Gathering, the status of agreements and Safe Conduct to spies, torturing spies, extracting Admissions from them, and interpreting the legitimacy of Intelligence Gathering based on narrations concerning the appointment of an Arif (a recognized leader or expert in a community) and Naqib (a representative or head of a tribe).<br /> === About the Author ===<br /> Najm al-Din Maruji Tabasi (born 1334 SH ) is a Senior Lecturer of Advanced Seminar in Islamic jurisprudence at the The Islamic Seminary of Qom. He has authored over 27 works, some of which adopt a jurisprudential approach. His notable works include:<br /> <br /> - Al-Dirasat al-Fiqhiyya fi Masa'il Khilafiyya (Jurisprudential Studies on Controversial Issues)<br /> <br /> - Al-Zawaj al-Muwaqqat 'inda al-Sahaba wa al-Tabi'in (Temporary Marriage Among the Companions and Followers)<br /> <br /> - Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid'a (Excommunication Between Tradition and Innovation)<br /> <br /> - Tab’id dar Islam (Exile in Islam)<br /> - Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)<br /> <br /> - Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)<br /> == Structure of the Book ==<br /> The book The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering is organized into five sections (maqām), with each section further divided into chapters, depending on the depth of the discussion, and presenting various topics.<br /> First Section: The Meaning of Intelligence Gathering <br /> In this section, the linguistic and terminological meanings of Intelligence Gathering are examined.<br /> <br /> Second Section: Types of Intelligence Gathering and Spies<br /> Here, the author categorizes Intelligence Gathering into five types and classifies spies into two categories.<br /> <br /> Third Section: The Ruling on Intelligence Gathering<br /> This section is presented in two chapters:<br /> 1. Intelligence Gathering benefiting disbelief (kufr) and in its interests.<br /> 2. Intelligence Gathering benefiting Islam and the Islamic government.<br /> The first chapter includes three discussions:<br /> <br /> a) The ruling on a Muslim spy according to the fatwas of Shia jurists.<br /> <br /> b) The perspectives of Sunni jurists.<br /> <br /> c) The jurisprudential evidence for the ruling.<br /> <br /> Fourth Section: On Arif and Naqib<br /> Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Intelligence Gathering?<br /> <br /> Fifth Section: Committing Prohibited Acts During Intelligence Gathering<br /> Is it permissible to commit sinful acts in the process of Intelligence Gathering?<br /> == Meaning and Types of Intelligence Gathering ==<br /> In the first section, the author discusses the linguistic meaning of Tajassus ( Intelligence Gathering) using various lexical sources. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.<br /> In the second section, Intelligence Gathering is classified based on its benefit or lack thereof:<br /> 1. Investigating personal affairs without any rational motivation (i.e., meddling).<br /> 2. Intelligence Gathering driven by corrupt intentions.<br /> 3. Intelligence Gathering with a rational and legitimate purpose.<br /> The third category is further divided into:<br /> <br /> a) Intelligence Gathering for a necessary purpose, such as preserving the Islamic government.<br /> <br /> b) Intelligence Gathering for a commendable purpose, such as identifying qualified individuals.<br /> <br /> Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant):<br /> 1. Spies working in favor of the enemies of Islam.<br /> 2. Spies working in favor of the Islamic state. <br /> ==Intelligence Gathering Benefiting Disbelief (Kufr)==<br /> === The Ruling on a Muslim Spy ===<br /> In this section, the author discusses the ruling on a Muslim spy under three main headings. <br /> 1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to execution. However, some contemporary scholars have ruled for the death penalty in cases where Intelligence Gathering is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).<br /> <br /> 2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, execution, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.<br /> <br /> 3. Jurisprudential Evidence: The author presents five pieces of evidence:<br /> <br /> - Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam). <br /> <br /> - A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the execution of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.<br /> <br /> - A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Intelligence Gathering.<br /> In the first three evidences, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable evidence to justify the execution of a Muslim spy. Based on the principle of precaution and available evidence, he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).<br /> Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Intelligence Gathering, and another where the person converted to Islam after committing Intelligence Gathering. In both cases, he finds the narration insufficient to justify execution.<br /> As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Intelligence Gathering, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Jurisprudential Rulings of Shia jurists.<br /> === Ruling on a Non-Muslim Spy ===<br /> There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the execution of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal Jurisprudential Rulings, and they are included in the book mainly to provide a comprehensive discussion.<br /> The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is execution. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a Admission.<br /> ==== The Dhimmi Spy and the Musta'min Spy ====<br /> In the context of non-Muslim spies, the author explores two jurisprudential branches:<br /> a) Does Intelligence Gathering violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: <br /> 1. Intelligence Gathering immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected. <br /> 2. It depends on the terms of the Dhimmah agreement. If refraining from Intelligence Gathering is one of the conditions, then their blood is forfeit. However, the conditions of the Dhimmah contract are not fixed, meaning that the ruler, based on his discretion, can add or remove certain conditions.<br /> The author also refers to various Sunni opinions, including execution or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: &quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&quot;<br /> <br /> b) The Ruling on a Mu'ahid or Musta'min Spy<br /> <br /> The ruling on a spy who is a treaty-holder (Mu'ahid) or a person under temporary protection (Musta'min), someone who enters Islamic lands under a protection agreement but not to reside there permanently:<br /> In this section, the author presents the views of Shia scholars, who state that if the Imam finds that the spy has committed an offense punishable by hudud (legal punishment) or ta'zir (discretionary punishment), the appropriate punishment is carried out. However, if no legal claim is established against the spy, they are sent back to their homeland. Moreover, Muslims are permitted to prevent an enemy spy from returning to their own territory. <br /> === Torture of Spies and the Validity of Admission Under Torture ===<br /> Regarding the discussion of torturing spies and the validity of Admissions obtained under torture, the author presents two viewpoints: one permitting and the other prohibiting torture, as well as rejecting the validity of Admissions made under duress. The proponents and their reasoning for each stance are also discussed. <br /> Under the section titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &quot;Views of Shia Jurists&quot; and &quot;Views of Sunni Jurists,&quot; the opinions of some scholars from are presented.<br /> In the end, the author concludes that torturing someone to force a Admission from them is unlawful. Such an act constitutes a form of domination or authority over another person, and the basic principle is that no one has authority over another, except when justified by a valid reason (such as necessity or public interest). <br /> == Intelligence Gathering for the Benefit of Islam and the Islamic System ==<br /> In this section, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each:<br /> In this section, the author presents three Quranic verses and eight narrations, offering his analysis of each:<br /> 1. [[Surah Al-Hujurat, verse 12]]: The conclusion is that the verse addresses spying for the benefit of disbelievers or, at the very least, in matters of individual and social affairs. The verse forbids investigating hidden matters and faults.<br /> 2. [[Surah An-Nur, verse 19]]: The conclusion is that this verse does not relate to Intelligence Gathering or have any direct connection to the topic.<br /> 3. [[Surah Al-Anfal, verse 27]]: <br /> <br /> - The context of the verse is debated:<br /> <br /> 1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.<br /> <br /> 2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.<br /> <br /> 3. The story of Abu Lubaba during the war with Banu Qurayza.<br /> <br /> Based on the first and third explanations, the verse is related to the prohibition of Intelligence Gathering. However, the second explanation pertains more to the prohibition of spreading and disclosing secrets, which may not be entirely relevant to Intelligence Gathering.<br /> == Supplementary Discussions ==<br /> ====Juridical or Subject-Specific Exception?====<br /> Is Intelligence Gathering for the benefit of the Islamic system and national security considered unlawful? If it is not prohibited, is the exception due to a juridical or subject-specific exemption?<br /> The author, in response to this question, writes that contrary to his earlier view, this type of Intelligence Gathering falls under a juridical exemption, not a subject-specific one. In fact, this type of Intelligence Gathering still constitutes a form of prohibited Intelligence Gathering. In this type of Intelligence Gathering, expediency merely is not sufficient to lift the prohibition; a stronger expediency must exist because, in cases of conflict, the more important takes precedence (similar to the case of not executing a coerced murderer or exceptions to gossip). Intelligence Gathering is prohibited, but the preservation of the [Islamic] system is obligatory, and in the presence of conflict and the prioritization of the more significant matter, Intelligence Gathering is permissible; thus, the exemption here is judicial in nature. However, some instances of Intelligence Gathering have a subjective exemption; for example, if they do not fall under the category of probing into the faults of others (such as polling public satisfaction regarding the government) or if they do not involve uncovering hidden matters, like when a person openly commits a sin and does not conceal their wrongdoing.<br /> ==== The Use of Spies in the Lives of the Infallibles ====<br /> To prove the appropriateness and necessity of this practice, the author presents eight historical and narrational examples from the lives of the Infallibles. These instances demonstrate either direct involvement in Intelligence Gathering, or sending of spies or approval of spy operations. Any objections to these texts do not pose a problem, as their abundance has reached the level of certainty, confirming that some of them were indeed sanctioned by the Infallibles. <br /> === Sunni Narrations on Military Affairs during the Prophet’s Time ===<br /> In this section, the author lists fifteen narrations that show how the Prophet (PBUH) used intelligence provided by others about enemy movements during wars and different circumstances, or how he himself ordered Intelligence Gathering. The author highlights the narration from Ibn Hisham as one of the most significant examples. This narration refers to when the Quraysh abandoned their siege of Medina and retreated toward Mecca. The Prophet (PBUH) instructed Imam Ali (A.S) to spy on them to ensure their intentions. The Prophet told Imam Ali: “If they are riding camels and their horses are loose, they are headed for Mecca. But if they are riding horses and their camels are untied, they intend to return and attack.” This is because the Infallible (the Prophet) orders Intelligence Gathering, and another Infallible (Imam Ali) is tasked with spying.<br /> Furthermore, the author believes that the narration from Ibn Sa'd (in the expedition of Usamah ibn Zayd ibn Harithah, the Messenger of God instructed Usamah: “Take guides with you and send out spies ahead of you”) conveys a meaning that goes beyond mere permissibility of Intelligence Gathering; it indicates its obligation.<br /> ====The Role of Arif and Naqib====<br /> In the fifth section of the book, the author discusses the terms Arif and Naqib, beginning with their linguistic meanings. The word Naqb refers to searching for secrets and hidden information, and a Naqib was someone in charge of a tribe who was knowledgeable about its affairs and of the means to recognize them. The Arif, on the other hand, was a person responsible for the affairs of a group or tribe, aware of their conditions, but of a lower status than the cheif. The author also references a hadith from Imam Ali (A.S.) where Arraf with a particular pronunciation refers to an astronomer or priest.<br /> The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Intelligence Gathering. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Intelligence Gathering and inquiry is acceptable. <br /> ====Committing Forbidden Acts during Intelligence Gathering====<br /> In the sixth section of the book, the author raises a key question: “If Intelligence Gathering requires committing forbidden acts, is it permissible to engage in them?” The author notes that it has been stated that if the only available means is a forbidden act, then engaging in such acts can be justified based on certain evidences and texts. He then presents these evidences and critiques them.<br /> ==Notes on the Book==<br /> {{column|3}}<br /> # The book is a transcription of Najm al-Din Tabasi’s advanced jurisprudence class (Dars-e-Kharij), penned by one of his students. Perhaps for this reason, various side discussions and unrelated topics are frequently raised throughout the book. In different sections, the author digresses from the main topic into secondary discussions as deemed appropriate. For instance, while narrating a tradition from Tabarsi’s works, the author critiques the last part of the narration that states, &quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: 'Do whatever you wish, for I have forgiven you'&quot; (p. 39). He then brings in Allama Tabatabai’s response to this objection, which takes up about seven pages of the book. Additionally, the author introduces discussions on the narrators (rijal) whenever names of individuals are mentioned, which seems unnecessary. Similarly, when discussing the chain of narrators for one tradition, a biographical discussion is initiated due Nofali being accused of extremism (ghuluw), leading to a lengthy discussion on the Qom scholars’ view on extremism, followed by criticisms of their stance (pp. 88–93).<br /> # The presence of these tangential discussions disrupts the cohesion of the book, leaving the reader with a less structured and consistent narrative. As a result, the flow of the discussion is sometimes lost, and the reader may occasionally feel that the discussion lacks a clear conclusion.<br /> # In many instances, the author could have included topics that are less relevant to the main discussion as footnotes or endnotes instead of integrating them into the main text.<br /> # The author, in discussing the first verse concerning the permissibility of espionage for the benefit of Islam and the Islamic system, argues that the verse on espionage is not general but specifically refers to espionage benefiting the enemy. He interprets &quot;suspicion&quot; in the verse to mean acting on and avoiding backbiting and slander (which do not benefit Muslims), thus restricting the prohibition of espionage to cases that do not benefit Muslims. Therefore, no conflict arises here, as this matter is categorically excluded, and from the outset, espionage for the benefit of Muslims is not included in the type of espionage that the verse addresses; rather, it is specifically excluded and is not prohibited, so no conflict occurs (p. 133). Here, in addition to the reasoning seeming inadequate, the author later states that contrary to our previous opinion, it appears that the exception is a juridical one, not a subjective one. In fact, this type of espionage is one of the instances of prohibited espionage (p. 157).<br /> # In discussing the torture of spies and the validity of confessions obtained under torture, the author refers to two narrations that were related to cases where someone was concealing information; however, it seems that the narrations generally prohibit torture. However, he concludes that narrations prohibiting torture are absolute and, based on this, deduces that torture for extracting confessions from spies is forbidden. <br /> # None of the ten narrations in the section titled &quot;Additional General Narrations on Torture&quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.<br /> # The author could have integrated the discussion on Arif and Naqib under the broader section on narrational evidence regarding espionage. Similarly, the topic of committing forbidden acts during espionage could have been treated as a subsidiary issue within the legal rulings on espionage, rather than being assigned separate chapters or sections.<br /> {{end}}<br /> [[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]<br /> [[category:Books by Najm al-Din Tabasi]]<br /> [[Category:Bibliography Articles]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&diff=2761 2026-05-12T16:38:52Z

<p>Sarfipour: /* A Brief Look at the Book */</p> <hr /> <div>{{infobox book<br /> | title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg<br /> | caption = &lt;!-- Add caption for the image --&gt;<br /> | other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī<br /> | main title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | author = Mohammad Javad Asadi<br /> | date of writing = 2021<br /> | subject = Espionage, Counter-espionage, Islamic Jurisprudence<br /> | style = Analytical, Jurisprudential<br /> | language = Persian<br /> | main language = Persian<br /> | editor = &lt;!-- Add editor name if available --&gt;<br /> | textual editing = &lt;!-- Add textual editing details if relevant --&gt;<br /> | with the efforts of = &lt;!-- Add contributors if relevant --&gt;<br /> | collection = &lt;!-- Add collection name if available --&gt;<br /> | illustrator = &lt;!-- Add illustrator name if available --&gt;<br /> | cover designer = &lt;!-- Add cover designer name if available --&gt;<br /> | volumes = 1<br /> | pages = 400<br /> | size = &lt;!-- Specify dimensions if known --&gt;<br /> | translations = &lt;!-- Add translation details if available --&gt;<br /> | publisher = Islamic Research Institute for Culture and Thought<br /> | publication place = Tehran, Iran<br /> | publication date = 2021 (1st Edition)<br /> | printing = 1st Edition<br /> | print run = &lt;!-- Add print run details if available --&gt;<br /> | isbn = &lt;!-- Add ISBN number if available --&gt;<br /> | media type = Print<br /> | publisher website = &lt;!-- Add publisher website URL --&gt;<br /> | english name = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | translator = &lt;!-- Add translator name if available --&gt;<br /> | publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)<br /> | electronic version= &lt;!-- Add link to electronic version if available --&gt;<br /> | other volumes = &lt;!-- Add details of other volumes if available --&gt;<br /> }}<br /> {{Author<br /> |author = Mostafa haghanifazl<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }} <br /> * '''abstract'''<br /> The book The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%A8%D8%A7%D9%86%DB%8C_%D9%81%D9%82%D9%87%DB%8C_%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_%D9%88_%D8%B6%D8%AF%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مبانی فقهی جاسوسی و ضدجاسوسی]) is a summary and compilation of the jurisprudential discussions by Shaykh [[Najm al-Din Tabasi]] at the Islamic seminary in Qom. This work was printed and published after being reviewed and corrected by him. In this book, jurisprudential discussions regarding Intelligence Gathering are presented in five sections. The author uses Quranic verses, narrations, and historical texts to present and analyze the different aspects of Intelligence Gathering. After defining and categorizing various types of Intelligence Gathering, the author proceeds to detail the ruling (hukm) for each category. Throughout the main discussion, related secondary issues concerning Intelligence Gathering have also been addressed.<br /> == A Brief Look at the Book ==<br /> The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering, authored by [[Najm al-Din Moravveji Tabasi]], is a scholarly work within the domain of political jurisprudence. It was published in collaboration with Markaz e-Takhasussi e-Aimmah al-Athar (A). This book is a Compilation of Lectures discussions by Shaykh Najm al-Din Tabasi at the Islamic seminary in Qom, which has been published after his review and revision. This work aims to study the Jurisprudential Rulings regarding Intelligence Gathering — which has been categorized into several types in the text — through an examination of relevant narrations and the legal Jurisprudential Rulings of jurists from both sects (Shia and Sunni), along with issues related to it. These issues include matters such as committing unlawful acts for the purpose of Intelligence Gathering, the status of agreements and Safe Conduct to spies, torturing spies, extracting Admissions from them, and interpreting the legitimacy of Intelligence Gathering based on narrations concerning the appointment of an Arif (a recognized leader or expert in a community) and Naqib (a representative or head of a tribe).<br /> === About the Author ===<br /> Najm al-Din Maruji Tabasi (born 1334 SH ) is a Senior Lecturer of Advanced Seminar in Islamic jurisprudence at the Islamic seminary of Qom. He has authored over 27 works, some of which adopt a jurisprudential approach. His notable works include:<br /> <br /> - Al-Dirasat al-Fiqhiyya fi Masa'il Khilafiyya (Jurisprudential Studies on Controversial Issues)<br /> <br /> - Al-Zawaj al-Muwaqqat 'inda al-Sahaba wa al-Tabi'in (Temporary Marriage Among the Companions and Followers)<br /> <br /> - Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid'a (Excommunication Between Tradition and Innovation)<br /> <br /> - Tab’id dar Islam (Exile in Islam)<br /> - Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)<br /> <br /> - Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)<br /> == Structure of the Book ==<br /> The book The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering is organized into five sections (maqām), with each section further divided into chapters, depending on the depth of the discussion, and presenting various topics.<br /> First Section: The Meaning of Intelligence Gathering <br /> In this section, the linguistic and terminological meanings of Intelligence Gathering are examined.<br /> <br /> Second Section: Types of Intelligence Gathering and Spies<br /> Here, the author categorizes Intelligence Gathering into five types and classifies spies into two categories.<br /> <br /> Third Section: The Ruling on Intelligence Gathering<br /> This section is presented in two chapters:<br /> 1. Intelligence Gathering benefiting disbelief (kufr) and in its interests.<br /> 2. Intelligence Gathering benefiting Islam and the Islamic government.<br /> The first chapter includes three discussions:<br /> <br /> a) The ruling on a Muslim spy according to the fatwas of Shia jurists.<br /> <br /> b) The perspectives of Sunni jurists.<br /> <br /> c) The jurisprudential evidence for the ruling.<br /> <br /> Fourth Section: On Arif and Naqib<br /> Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Intelligence Gathering?<br /> <br /> Fifth Section: Committing Prohibited Acts During Intelligence Gathering<br /> Is it permissible to commit sinful acts in the process of Intelligence Gathering?<br /> == Meaning and Types of Intelligence Gathering ==<br /> In the first section, the author discusses the linguistic meaning of Tajassus ( Intelligence Gathering) using various lexical sources. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.<br /> In the second section, Intelligence Gathering is classified based on its benefit or lack thereof:<br /> 1. Investigating personal affairs without any rational motivation (i.e., meddling).<br /> 2. Intelligence Gathering driven by corrupt intentions.<br /> 3. Intelligence Gathering with a rational and legitimate purpose.<br /> The third category is further divided into:<br /> <br /> a) Intelligence Gathering for a necessary purpose, such as preserving the Islamic government.<br /> <br /> b) Intelligence Gathering for a commendable purpose, such as identifying qualified individuals.<br /> <br /> Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant):<br /> 1. Spies working in favor of the enemies of Islam.<br /> 2. Spies working in favor of the Islamic state. <br /> ==Intelligence Gathering Benefiting Disbelief (Kufr)==<br /> === The Ruling on a Muslim Spy ===<br /> In this section, the author discusses the ruling on a Muslim spy under three main headings. <br /> 1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to execution. However, some contemporary scholars have ruled for the death penalty in cases where Intelligence Gathering is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).<br /> <br /> 2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, execution, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.<br /> <br /> 3. Jurisprudential Evidence: The author presents five pieces of evidence:<br /> <br /> - Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam). <br /> <br /> - A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the execution of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.<br /> <br /> - A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Intelligence Gathering.<br /> In the first three evidences, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable evidence to justify the execution of a Muslim spy. Based on the principle of precaution and available evidence, he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).<br /> Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Intelligence Gathering, and another where the person converted to Islam after committing Intelligence Gathering. In both cases, he finds the narration insufficient to justify execution.<br /> As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Intelligence Gathering, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Jurisprudential Rulings of Shia jurists.<br /> === Ruling on a Non-Muslim Spy ===<br /> There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the execution of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal Jurisprudential Rulings, and they are included in the book mainly to provide a comprehensive discussion.<br /> The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is execution. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a Admission.<br /> ==== The Dhimmi Spy and the Musta'min Spy ====<br /> In the context of non-Muslim spies, the author explores two jurisprudential branches:<br /> a) Does Intelligence Gathering violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: <br /> 1. Intelligence Gathering immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected. <br /> 2. It depends on the terms of the Dhimmah agreement. If refraining from Intelligence Gathering is one of the conditions, then their blood is forfeit. However, the conditions of the Dhimmah contract are not fixed, meaning that the ruler, based on his discretion, can add or remove certain conditions.<br /> The author also refers to various Sunni opinions, including execution or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: &quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&quot;<br /> <br /> b) The Ruling on a Mu'ahid or Musta'min Spy<br /> <br /> The ruling on a spy who is a treaty-holder (Mu'ahid) or a person under temporary protection (Musta'min), someone who enters Islamic lands under a protection agreement but not to reside there permanently:<br /> In this section, the author presents the views of Shia scholars, who state that if the Imam finds that the spy has committed an offense punishable by hudud (legal punishment) or ta'zir (discretionary punishment), the appropriate punishment is carried out. However, if no legal claim is established against the spy, they are sent back to their homeland. Moreover, Muslims are permitted to prevent an enemy spy from returning to their own territory. <br /> === Torture of Spies and the Validity of Admission Under Torture ===<br /> Regarding the discussion of torturing spies and the validity of Admissions obtained under torture, the author presents two viewpoints: one permitting and the other prohibiting torture, as well as rejecting the validity of Admissions made under duress. The proponents and their reasoning for each stance are also discussed. <br /> Under the section titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &quot;Views of Shia Jurists&quot; and &quot;Views of Sunni Jurists,&quot; the opinions of some scholars from are presented.<br /> In the end, the author concludes that torturing someone to force a Admission from them is unlawful. Such an act constitutes a form of domination or authority over another person, and the basic principle is that no one has authority over another, except when justified by a valid reason (such as necessity or public interest). <br /> == Intelligence Gathering for the Benefit of Islam and the Islamic System ==<br /> In this section, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each:<br /> In this section, the author presents three Quranic verses and eight narrations, offering his analysis of each:<br /> 1. [[Surah Al-Hujurat, verse 12]]: The conclusion is that the verse addresses spying for the benefit of disbelievers or, at the very least, in matters of individual and social affairs. The verse forbids investigating hidden matters and faults.<br /> 2. [[Surah An-Nur, verse 19]]: The conclusion is that this verse does not relate to Intelligence Gathering or have any direct connection to the topic.<br /> 3. [[Surah Al-Anfal, verse 27]]: <br /> <br /> - The context of the verse is debated:<br /> <br /> 1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.<br /> <br /> 2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.<br /> <br /> 3. The story of Abu Lubaba during the war with Banu Qurayza.<br /> <br /> Based on the first and third explanations, the verse is related to the prohibition of Intelligence Gathering. However, the second explanation pertains more to the prohibition of spreading and disclosing secrets, which may not be entirely relevant to Intelligence Gathering.<br /> == Supplementary Discussions ==<br /> ====Juridical or Subject-Specific Exception?====<br /> Is Intelligence Gathering for the benefit of the Islamic system and national security considered unlawful? If it is not prohibited, is the exception due to a juridical or subject-specific exemption?<br /> The author, in response to this question, writes that contrary to his earlier view, this type of Intelligence Gathering falls under a juridical exemption, not a subject-specific one. In fact, this type of Intelligence Gathering still constitutes a form of prohibited Intelligence Gathering. In this type of Intelligence Gathering, expediency merely is not sufficient to lift the prohibition; a stronger expediency must exist because, in cases of conflict, the more important takes precedence (similar to the case of not executing a coerced murderer or exceptions to gossip). Intelligence Gathering is prohibited, but the preservation of the [Islamic] system is obligatory, and in the presence of conflict and the prioritization of the more significant matter, Intelligence Gathering is permissible; thus, the exemption here is judicial in nature. However, some instances of Intelligence Gathering have a subjective exemption; for example, if they do not fall under the category of probing into the faults of others (such as polling public satisfaction regarding the government) or if they do not involve uncovering hidden matters, like when a person openly commits a sin and does not conceal their wrongdoing.<br /> ==== The Use of Spies in the Lives of the Infallibles ====<br /> To prove the appropriateness and necessity of this practice, the author presents eight historical and narrational examples from the lives of the Infallibles. These instances demonstrate either direct involvement in Intelligence Gathering, or sending of spies or approval of spy operations. Any objections to these texts do not pose a problem, as their abundance has reached the level of certainty, confirming that some of them were indeed sanctioned by the Infallibles. <br /> === Sunni Narrations on Military Affairs during the Prophet’s Time ===<br /> In this section, the author lists fifteen narrations that show how the Prophet (PBUH) used intelligence provided by others about enemy movements during wars and different circumstances, or how he himself ordered Intelligence Gathering. The author highlights the narration from Ibn Hisham as one of the most significant examples. This narration refers to when the Quraysh abandoned their siege of Medina and retreated toward Mecca. The Prophet (PBUH) instructed Imam Ali (A.S) to spy on them to ensure their intentions. The Prophet told Imam Ali: “If they are riding camels and their horses are loose, they are headed for Mecca. But if they are riding horses and their camels are untied, they intend to return and attack.” This is because the Infallible (the Prophet) orders Intelligence Gathering, and another Infallible (Imam Ali) is tasked with spying.<br /> Furthermore, the author believes that the narration from Ibn Sa'd (in the expedition of Usamah ibn Zayd ibn Harithah, the Messenger of God instructed Usamah: “Take guides with you and send out spies ahead of you”) conveys a meaning that goes beyond mere permissibility of Intelligence Gathering; it indicates its obligation.<br /> ====The Role of Arif and Naqib====<br /> In the fifth section of the book, the author discusses the terms Arif and Naqib, beginning with their linguistic meanings. The word Naqb refers to searching for secrets and hidden information, and a Naqib was someone in charge of a tribe who was knowledgeable about its affairs and of the means to recognize them. The Arif, on the other hand, was a person responsible for the affairs of a group or tribe, aware of their conditions, but of a lower status than the cheif. The author also references a hadith from Imam Ali (A.S.) where Arraf with a particular pronunciation refers to an astronomer or priest.<br /> The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Intelligence Gathering. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Intelligence Gathering and inquiry is acceptable. <br /> ====Committing Forbidden Acts during Intelligence Gathering====<br /> In the sixth section of the book, the author raises a key question: “If Intelligence Gathering requires committing forbidden acts, is it permissible to engage in them?” The author notes that it has been stated that if the only available means is a forbidden act, then engaging in such acts can be justified based on certain evidences and texts. He then presents these evidences and critiques them.<br /> ==Notes on the Book==<br /> {{column|3}}<br /> # The book is a transcription of Najm al-Din Tabasi’s advanced jurisprudence class (Dars-e-Kharij), penned by one of his students. Perhaps for this reason, various side discussions and unrelated topics are frequently raised throughout the book. In different sections, the author digresses from the main topic into secondary discussions as deemed appropriate. For instance, while narrating a tradition from Tabarsi’s works, the author critiques the last part of the narration that states, &quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: 'Do whatever you wish, for I have forgiven you'&quot; (p. 39). He then brings in Allama Tabatabai’s response to this objection, which takes up about seven pages of the book. Additionally, the author introduces discussions on the narrators (rijal) whenever names of individuals are mentioned, which seems unnecessary. Similarly, when discussing the chain of narrators for one tradition, a biographical discussion is initiated due Nofali being accused of extremism (ghuluw), leading to a lengthy discussion on the Qom scholars’ view on extremism, followed by criticisms of their stance (pp. 88–93).<br /> # The presence of these tangential discussions disrupts the cohesion of the book, leaving the reader with a less structured and consistent narrative. As a result, the flow of the discussion is sometimes lost, and the reader may occasionally feel that the discussion lacks a clear conclusion.<br /> # In many instances, the author could have included topics that are less relevant to the main discussion as footnotes or endnotes instead of integrating them into the main text.<br /> # The author, in discussing the first verse concerning the permissibility of espionage for the benefit of Islam and the Islamic system, argues that the verse on espionage is not general but specifically refers to espionage benefiting the enemy. He interprets &quot;suspicion&quot; in the verse to mean acting on and avoiding backbiting and slander (which do not benefit Muslims), thus restricting the prohibition of espionage to cases that do not benefit Muslims. Therefore, no conflict arises here, as this matter is categorically excluded, and from the outset, espionage for the benefit of Muslims is not included in the type of espionage that the verse addresses; rather, it is specifically excluded and is not prohibited, so no conflict occurs (p. 133). Here, in addition to the reasoning seeming inadequate, the author later states that contrary to our previous opinion, it appears that the exception is a juridical one, not a subjective one. In fact, this type of espionage is one of the instances of prohibited espionage (p. 157).<br /> # In discussing the torture of spies and the validity of confessions obtained under torture, the author refers to two narrations that were related to cases where someone was concealing information; however, it seems that the narrations generally prohibit torture. However, he concludes that narrations prohibiting torture are absolute and, based on this, deduces that torture for extracting confessions from spies is forbidden. <br /> # None of the ten narrations in the section titled &quot;Additional General Narrations on Torture&quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.<br /> # The author could have integrated the discussion on Arif and Naqib under the broader section on narrational evidence regarding espionage. Similarly, the topic of committing forbidden acts during espionage could have been treated as a subsidiary issue within the legal rulings on espionage, rather than being assigned separate chapters or sections.<br /> {{end}}<br /> [[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]<br /> [[category:Books by Najm al-Din Tabasi]]<br /> [[Category:Bibliography Articles]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&diff=2760 2026-05-12T16:17:15Z

<p>Sarfipour: /* Structure of the Book */</p> <hr /> <div>{{infobox book<br /> | title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg<br /> | caption = &lt;!-- Add caption for the image --&gt;<br /> | other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī<br /> | main title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | author = Mohammad Javad Asadi<br /> | date of writing = 2021<br /> | subject = Espionage, Counter-espionage, Islamic Jurisprudence<br /> | style = Analytical, Jurisprudential<br /> | language = Persian<br /> | main language = Persian<br /> | editor = &lt;!-- Add editor name if available --&gt;<br /> | textual editing = &lt;!-- Add textual editing details if relevant --&gt;<br /> | with the efforts of = &lt;!-- Add contributors if relevant --&gt;<br /> | collection = &lt;!-- Add collection name if available --&gt;<br /> | illustrator = &lt;!-- Add illustrator name if available --&gt;<br /> | cover designer = &lt;!-- Add cover designer name if available --&gt;<br /> | volumes = 1<br /> | pages = 400<br /> | size = &lt;!-- Specify dimensions if known --&gt;<br /> | translations = &lt;!-- Add translation details if available --&gt;<br /> | publisher = Islamic Research Institute for Culture and Thought<br /> | publication place = Tehran, Iran<br /> | publication date = 2021 (1st Edition)<br /> | printing = 1st Edition<br /> | print run = &lt;!-- Add print run details if available --&gt;<br /> | isbn = &lt;!-- Add ISBN number if available --&gt;<br /> | media type = Print<br /> | publisher website = &lt;!-- Add publisher website URL --&gt;<br /> | english name = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | translator = &lt;!-- Add translator name if available --&gt;<br /> | publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)<br /> | electronic version= &lt;!-- Add link to electronic version if available --&gt;<br /> | other volumes = &lt;!-- Add details of other volumes if available --&gt;<br /> }}<br /> {{Author<br /> |author = Mostafa haghanifazl<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }} <br /> * '''abstract'''<br /> The book The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%A8%D8%A7%D9%86%DB%8C_%D9%81%D9%82%D9%87%DB%8C_%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_%D9%88_%D8%B6%D8%AF%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مبانی فقهی جاسوسی و ضدجاسوسی]) is a summary and compilation of the jurisprudential discussions by Shaykh [[Najm al-Din Tabasi]] at the Islamic seminary in Qom. This work was printed and published after being reviewed and corrected by him. In this book, jurisprudential discussions regarding Intelligence Gathering are presented in five sections. The author uses Quranic verses, narrations, and historical texts to present and analyze the different aspects of Intelligence Gathering. After defining and categorizing various types of Intelligence Gathering, the author proceeds to detail the ruling (hukm) for each category. Throughout the main discussion, related secondary issues concerning Intelligence Gathering have also been addressed.<br /> == A Brief Look at the Book ==<br /> The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering, authored by [[Najm al-Din Moravveji Tabasi]], is a scholarly work within the domain of political jurisprudence. It was published in collaboration with Markaz e-Takhasussi e-Aimmah al-Athar (A). This book is a Compilation of Lectures discussions by Shaykh Najm al-Din Tabasi at the Islamic seminary in Qom, which has been published after his review and revision. This work aims to study the Jurisprudential Rulings regarding Intelligence Gathering — which has been categorized into several types in the text — through an examination of relevant narrations and the legal Jurisprudential Rulings of jurists from both sects (Shia and Sunni), along with issues related to it. These issues include matters such as committing unlawful acts for the purpose of Intelligence Gathering, the status of agreements and Safe Conduct to spies, torturing spies, extracting Admissions from them, and interpreting the legitimacy of Intelligence Gathering based on narrations concerning the appointment of an Arif (a recognized leader or expert in a community) and Naqib (a representative or head of a tribe).<br /> === About the Author ===<br /> Najm al-Din Maruji Tabasi (born 1334 SH ) is a professor of Advanced Seminar in Islamic jurisprudence at the Islamic seminary of Qom. He has authored over 27 works, some of which adopt a jurisprudential approach. His notable works include:<br /> <br /> - Al-Dirasat al-Fiqhiyya fi Masa'il Khilafiyya (Jurisprudential Studies on Controversial Issues)<br /> <br /> - Al-Zawaj al-Muwaqqat 'inda al-Sahaba wa al-Tabi'in (Temporary Marriage Among the Companions and Followers)<br /> <br /> - Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid'a (Excommunication Between Tradition and Innovation)<br /> <br /> - Tab’id dar Islam (Exile in Islam)<br /> - Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)<br /> <br /> - Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)<br /> == Structure of the Book ==<br /> The book The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering is organized into five sections (maqām), with each section further divided into chapters, depending on the depth of the discussion, and presenting various topics.<br /> First Section: The Meaning of Intelligence Gathering <br /> In this section, the linguistic and terminological meanings of Intelligence Gathering are examined.<br /> <br /> Second Section: Types of Intelligence Gathering and Spies<br /> Here, the author categorizes Intelligence Gathering into five types and classifies spies into two categories.<br /> <br /> Third Section: The Ruling on Intelligence Gathering<br /> This section is presented in two chapters:<br /> 1. Intelligence Gathering benefiting disbelief (kufr) and in its interests.<br /> 2. Intelligence Gathering benefiting Islam and the Islamic government.<br /> The first chapter includes three discussions:<br /> <br /> a) The ruling on a Muslim spy according to the fatwas of Shia jurists.<br /> <br /> b) The perspectives of Sunni jurists.<br /> <br /> c) The jurisprudential evidence for the ruling.<br /> <br /> Fourth Section: On Arif and Naqib<br /> Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Intelligence Gathering?<br /> <br /> Fifth Section: Committing Prohibited Acts During Intelligence Gathering<br /> Is it permissible to commit sinful acts in the process of Intelligence Gathering?<br /> == Meaning and Types of Intelligence Gathering ==<br /> In the first section, the author discusses the linguistic meaning of Tajassus ( Intelligence Gathering) using various lexical sources. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.<br /> In the second section, Intelligence Gathering is classified based on its benefit or lack thereof:<br /> 1. Investigating personal affairs without any rational motivation (i.e., meddling).<br /> 2. Intelligence Gathering driven by corrupt intentions.<br /> 3. Intelligence Gathering with a rational and legitimate purpose.<br /> The third category is further divided into:<br /> <br /> a) Intelligence Gathering for a necessary purpose, such as preserving the Islamic government.<br /> <br /> b) Intelligence Gathering for a commendable purpose, such as identifying qualified individuals.<br /> <br /> Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant):<br /> 1. Spies working in favor of the enemies of Islam.<br /> 2. Spies working in favor of the Islamic state. <br /> ==Intelligence Gathering Benefiting Disbelief (Kufr)==<br /> === The Ruling on a Muslim Spy ===<br /> In this section, the author discusses the ruling on a Muslim spy under three main headings. <br /> 1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to execution. However, some contemporary scholars have ruled for the death penalty in cases where Intelligence Gathering is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).<br /> <br /> 2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, execution, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.<br /> <br /> 3. Jurisprudential Evidence: The author presents five pieces of evidence:<br /> <br /> - Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam). <br /> <br /> - A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the execution of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.<br /> <br /> - A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Intelligence Gathering.<br /> In the first three evidences, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable evidence to justify the execution of a Muslim spy. Based on the principle of precaution and available evidence, he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).<br /> Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Intelligence Gathering, and another where the person converted to Islam after committing Intelligence Gathering. In both cases, he finds the narration insufficient to justify execution.<br /> As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Intelligence Gathering, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Jurisprudential Rulings of Shia jurists.<br /> === Ruling on a Non-Muslim Spy ===<br /> There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the execution of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal Jurisprudential Rulings, and they are included in the book mainly to provide a comprehensive discussion.<br /> The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is execution. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a Admission.<br /> ==== The Dhimmi Spy and the Musta'min Spy ====<br /> In the context of non-Muslim spies, the author explores two jurisprudential branches:<br /> a) Does Intelligence Gathering violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: <br /> 1. Intelligence Gathering immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected. <br /> 2. It depends on the terms of the Dhimmah agreement. If refraining from Intelligence Gathering is one of the conditions, then their blood is forfeit. However, the conditions of the Dhimmah contract are not fixed, meaning that the ruler, based on his discretion, can add or remove certain conditions.<br /> The author also refers to various Sunni opinions, including execution or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: &quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&quot;<br /> <br /> b) The Ruling on a Mu'ahid or Musta'min Spy<br /> <br /> The ruling on a spy who is a treaty-holder (Mu'ahid) or a person under temporary protection (Musta'min), someone who enters Islamic lands under a protection agreement but not to reside there permanently:<br /> In this section, the author presents the views of Shia scholars, who state that if the Imam finds that the spy has committed an offense punishable by hudud (legal punishment) or ta'zir (discretionary punishment), the appropriate punishment is carried out. However, if no legal claim is established against the spy, they are sent back to their homeland. Moreover, Muslims are permitted to prevent an enemy spy from returning to their own territory. <br /> === Torture of Spies and the Validity of Admission Under Torture ===<br /> Regarding the discussion of torturing spies and the validity of Admissions obtained under torture, the author presents two viewpoints: one permitting and the other prohibiting torture, as well as rejecting the validity of Admissions made under duress. The proponents and their reasoning for each stance are also discussed. <br /> Under the section titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &quot;Views of Shia Jurists&quot; and &quot;Views of Sunni Jurists,&quot; the opinions of some scholars from are presented.<br /> In the end, the author concludes that torturing someone to force a Admission from them is unlawful. Such an act constitutes a form of domination or authority over another person, and the basic principle is that no one has authority over another, except when justified by a valid reason (such as necessity or public interest). <br /> == Intelligence Gathering for the Benefit of Islam and the Islamic System ==<br /> In this section, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each:<br /> In this section, the author presents three Quranic verses and eight narrations, offering his analysis of each:<br /> 1. [[Surah Al-Hujurat, verse 12]]: The conclusion is that the verse addresses spying for the benefit of disbelievers or, at the very least, in matters of individual and social affairs. The verse forbids investigating hidden matters and faults.<br /> 2. [[Surah An-Nur, verse 19]]: The conclusion is that this verse does not relate to Intelligence Gathering or have any direct connection to the topic.<br /> 3. [[Surah Al-Anfal, verse 27]]: <br /> <br /> - The context of the verse is debated:<br /> <br /> 1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.<br /> <br /> 2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.<br /> <br /> 3. The story of Abu Lubaba during the war with Banu Qurayza.<br /> <br /> Based on the first and third explanations, the verse is related to the prohibition of Intelligence Gathering. However, the second explanation pertains more to the prohibition of spreading and disclosing secrets, which may not be entirely relevant to Intelligence Gathering.<br /> == Supplementary Discussions ==<br /> ====Juridical or Subject-Specific Exception?====<br /> Is Intelligence Gathering for the benefit of the Islamic system and national security considered unlawful? If it is not prohibited, is the exception due to a juridical or subject-specific exemption?<br /> The author, in response to this question, writes that contrary to his earlier view, this type of Intelligence Gathering falls under a juridical exemption, not a subject-specific one. In fact, this type of Intelligence Gathering still constitutes a form of prohibited Intelligence Gathering. In this type of Intelligence Gathering, expediency merely is not sufficient to lift the prohibition; a stronger expediency must exist because, in cases of conflict, the more important takes precedence (similar to the case of not executing a coerced murderer or exceptions to gossip). Intelligence Gathering is prohibited, but the preservation of the [Islamic] system is obligatory, and in the presence of conflict and the prioritization of the more significant matter, Intelligence Gathering is permissible; thus, the exemption here is judicial in nature. However, some instances of Intelligence Gathering have a subjective exemption; for example, if they do not fall under the category of probing into the faults of others (such as polling public satisfaction regarding the government) or if they do not involve uncovering hidden matters, like when a person openly commits a sin and does not conceal their wrongdoing.<br /> ==== The Use of Spies in the Lives of the Infallibles ====<br /> To prove the appropriateness and necessity of this practice, the author presents eight historical and narrational examples from the lives of the Infallibles. These instances demonstrate either direct involvement in Intelligence Gathering, or sending of spies or approval of spy operations. Any objections to these texts do not pose a problem, as their abundance has reached the level of certainty, confirming that some of them were indeed sanctioned by the Infallibles. <br /> === Sunni Narrations on Military Affairs during the Prophet’s Time ===<br /> In this section, the author lists fifteen narrations that show how the Prophet (PBUH) used intelligence provided by others about enemy movements during wars and different circumstances, or how he himself ordered Intelligence Gathering. The author highlights the narration from Ibn Hisham as one of the most significant examples. This narration refers to when the Quraysh abandoned their siege of Medina and retreated toward Mecca. The Prophet (PBUH) instructed Imam Ali (A.S) to spy on them to ensure their intentions. The Prophet told Imam Ali: “If they are riding camels and their horses are loose, they are headed for Mecca. But if they are riding horses and their camels are untied, they intend to return and attack.” This is because the Infallible (the Prophet) orders Intelligence Gathering, and another Infallible (Imam Ali) is tasked with spying.<br /> Furthermore, the author believes that the narration from Ibn Sa'd (in the expedition of Usamah ibn Zayd ibn Harithah, the Messenger of God instructed Usamah: “Take guides with you and send out spies ahead of you”) conveys a meaning that goes beyond mere permissibility of Intelligence Gathering; it indicates its obligation.<br /> ====The Role of Arif and Naqib====<br /> In the fifth section of the book, the author discusses the terms Arif and Naqib, beginning with their linguistic meanings. The word Naqb refers to searching for secrets and hidden information, and a Naqib was someone in charge of a tribe who was knowledgeable about its affairs and of the means to recognize them. The Arif, on the other hand, was a person responsible for the affairs of a group or tribe, aware of their conditions, but of a lower status than the cheif. The author also references a hadith from Imam Ali (A.S.) where Arraf with a particular pronunciation refers to an astronomer or priest.<br /> The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Intelligence Gathering. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Intelligence Gathering and inquiry is acceptable. <br /> ====Committing Forbidden Acts during Intelligence Gathering====<br /> In the sixth section of the book, the author raises a key question: “If Intelligence Gathering requires committing forbidden acts, is it permissible to engage in them?” The author notes that it has been stated that if the only available means is a forbidden act, then engaging in such acts can be justified based on certain evidences and texts. He then presents these evidences and critiques them.<br /> ==Notes on the Book==<br /> {{column|3}}<br /> # The book is a transcription of Najm al-Din Tabasi’s advanced jurisprudence class (Dars-e-Kharij), penned by one of his students. Perhaps for this reason, various side discussions and unrelated topics are frequently raised throughout the book. In different sections, the author digresses from the main topic into secondary discussions as deemed appropriate. For instance, while narrating a tradition from Tabarsi’s works, the author critiques the last part of the narration that states, &quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: 'Do whatever you wish, for I have forgiven you'&quot; (p. 39). He then brings in Allama Tabatabai’s response to this objection, which takes up about seven pages of the book. Additionally, the author introduces discussions on the narrators (rijal) whenever names of individuals are mentioned, which seems unnecessary. Similarly, when discussing the chain of narrators for one tradition, a biographical discussion is initiated due Nofali being accused of extremism (ghuluw), leading to a lengthy discussion on the Qom scholars’ view on extremism, followed by criticisms of their stance (pp. 88–93).<br /> # The presence of these tangential discussions disrupts the cohesion of the book, leaving the reader with a less structured and consistent narrative. As a result, the flow of the discussion is sometimes lost, and the reader may occasionally feel that the discussion lacks a clear conclusion.<br /> # In many instances, the author could have included topics that are less relevant to the main discussion as footnotes or endnotes instead of integrating them into the main text.<br /> # The author, in discussing the first verse concerning the permissibility of espionage for the benefit of Islam and the Islamic system, argues that the verse on espionage is not general but specifically refers to espionage benefiting the enemy. He interprets &quot;suspicion&quot; in the verse to mean acting on and avoiding backbiting and slander (which do not benefit Muslims), thus restricting the prohibition of espionage to cases that do not benefit Muslims. Therefore, no conflict arises here, as this matter is categorically excluded, and from the outset, espionage for the benefit of Muslims is not included in the type of espionage that the verse addresses; rather, it is specifically excluded and is not prohibited, so no conflict occurs (p. 133). Here, in addition to the reasoning seeming inadequate, the author later states that contrary to our previous opinion, it appears that the exception is a juridical one, not a subjective one. In fact, this type of espionage is one of the instances of prohibited espionage (p. 157).<br /> # In discussing the torture of spies and the validity of confessions obtained under torture, the author refers to two narrations that were related to cases where someone was concealing information; however, it seems that the narrations generally prohibit torture. However, he concludes that narrations prohibiting torture are absolute and, based on this, deduces that torture for extracting confessions from spies is forbidden. <br /> # None of the ten narrations in the section titled &quot;Additional General Narrations on Torture&quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.<br /> # The author could have integrated the discussion on Arif and Naqib under the broader section on narrational evidence regarding espionage. Similarly, the topic of committing forbidden acts during espionage could have been treated as a subsidiary issue within the legal rulings on espionage, rather than being assigned separate chapters or sections.<br /> {{end}}<br /> [[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]<br /> [[category:Books by Najm al-Din Tabasi]]<br /> [[Category:Bibliography Articles]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&diff=2759 2026-05-12T15:53:36Z

<p>Sarfipour: </p> <hr /> <div>{{infobox book<br /> | title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg<br /> | caption = &lt;!-- Add caption for the image --&gt;<br /> | other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī<br /> | main title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | author = Mohammad Javad Asadi<br /> | date of writing = 2021<br /> | subject = Espionage, Counter-espionage, Islamic Jurisprudence<br /> | style = Analytical, Jurisprudential<br /> | language = Persian<br /> | main language = Persian<br /> | editor = &lt;!-- Add editor name if available --&gt;<br /> | textual editing = &lt;!-- Add textual editing details if relevant --&gt;<br /> | with the efforts of = &lt;!-- Add contributors if relevant --&gt;<br /> | collection = &lt;!-- Add collection name if available --&gt;<br /> | illustrator = &lt;!-- Add illustrator name if available --&gt;<br /> | cover designer = &lt;!-- Add cover designer name if available --&gt;<br /> | volumes = 1<br /> | pages = 400<br /> | size = &lt;!-- Specify dimensions if known --&gt;<br /> | translations = &lt;!-- Add translation details if available --&gt;<br /> | publisher = Islamic Research Institute for Culture and Thought<br /> | publication place = Tehran, Iran<br /> | publication date = 2021 (1st Edition)<br /> | printing = 1st Edition<br /> | print run = &lt;!-- Add print run details if available --&gt;<br /> | isbn = &lt;!-- Add ISBN number if available --&gt;<br /> | media type = Print<br /> | publisher website = &lt;!-- Add publisher website URL --&gt;<br /> | english name = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | translator = &lt;!-- Add translator name if available --&gt;<br /> | publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)<br /> | electronic version= &lt;!-- Add link to electronic version if available --&gt;<br /> | other volumes = &lt;!-- Add details of other volumes if available --&gt;<br /> }}<br /> {{Author<br /> |author = Mostafa haghanifazl<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }} <br /> * '''abstract'''<br /> The book The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%A8%D8%A7%D9%86%DB%8C_%D9%81%D9%82%D9%87%DB%8C_%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_%D9%88_%D8%B6%D8%AF%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مبانی فقهی جاسوسی و ضدجاسوسی]) is a summary and compilation of the jurisprudential discussions by Shaykh [[Najm al-Din Tabasi]] at the Islamic seminary in Qom. This work was printed and published after being reviewed and corrected by him. In this book, jurisprudential discussions regarding Intelligence Gathering are presented in five sections. The author uses Quranic verses, narrations, and historical texts to present and analyze the different aspects of Intelligence Gathering. After defining and categorizing various types of Intelligence Gathering, the author proceeds to detail the ruling (hukm) for each category. Throughout the main discussion, related secondary issues concerning Intelligence Gathering have also been addressed.<br /> == A Brief Look at the Book ==<br /> The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering, authored by [[Najm al-Din Moravveji Tabasi]], is a scholarly work within the domain of political jurisprudence. It was published in collaboration with Markaz e-Takhasussi e-Aimmah al-Athar (A). This book is a Compilation of Lectures discussions by Shaykh Najm al-Din Tabasi at the Islamic seminary in Qom, which has been published after his review and revision. This work aims to study the Jurisprudential Rulings regarding Intelligence Gathering — which has been categorized into several types in the text — through an examination of relevant narrations and the legal Jurisprudential Rulings of jurists from both sects (Shia and Sunni), along with issues related to it. These issues include matters such as committing unlawful acts for the purpose of Intelligence Gathering, the status of agreements and Safe Conduct to spies, torturing spies, extracting Admissions from them, and interpreting the legitimacy of Intelligence Gathering based on narrations concerning the appointment of an Arif (a recognized leader or expert in a community) and Naqib (a representative or head of a tribe).<br /> === About the Author ===<br /> Najm al-Din Maruji Tabasi (born 1334 SH ) is a professor of Dars al-Kharij (advanced studies in Islamic jurisprudence) at the Islamic seminary of Qom. He has authored over 27 works, some of which adopt a jurisprudential approach. His notable works include:<br /> - Al-Dirasat al-Fiqhiyya fi Masa'il Khilafiyya (Jurisprudential Studies on Controversial Issues)<br /> - Al-Zawaj al-Muwaqqat 'inda al-Sahaba wa al-Tabi'in (Temporary Marriage Among the Companions and Followers)<br /> - Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid'a (Excommunication Between Tradition and Innovation)<br /> - Tab’id dar Islam (Exile in Islam)<br /> - Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)<br /> - Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)<br /> == Structure of the Book ==<br /> The book The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering is organized into five sections (maqām), with each section further divided into chapters, depending on the depth of the discussion, and presenting various topics.<br /> First Section: The Meaning of Intelligence Gathering <br /> In this section, the linguistic and terminological meanings of Intelligence Gathering are examined.<br /> <br /> Second Section: Types of Intelligence Gathering and Spies<br /> Here, the author categorizes Intelligence Gathering into five types and classifies spies into two categories.<br /> <br /> Third Section: The Ruling on Intelligence Gathering<br /> This section is presented in two chapters:<br /> 1. Intelligence Gathering benefiting disbelief (kufr) and in its interests.<br /> 2. Intelligence Gathering benefiting Islam and the Islamic government.<br /> The first chapter includes three discussions:<br /> <br /> a) The ruling on a Muslim spy according to the fatwas of Shia jurists.<br /> <br /> b) The perspectives of Sunni jurists.<br /> <br /> c) The jurisprudential evidence for the ruling.<br /> <br /> Fourth Section: On Arif and Naqib<br /> Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Intelligence Gathering?<br /> <br /> Fifth Section: Committing Prohibited Acts During Intelligence Gathering<br /> Is it permissible to commit sinful acts in the process of Intelligence Gathering?<br /> == Meaning and Types of Intelligence Gathering ==<br /> In the first section, the author discusses the linguistic meaning of Tajassus ( Intelligence Gathering) using various lexical sources. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.<br /> In the second section, Intelligence Gathering is classified based on its benefit or lack thereof:<br /> 1. Investigating personal affairs without any rational motivation (i.e., meddling).<br /> 2. Intelligence Gathering driven by corrupt intentions.<br /> 3. Intelligence Gathering with a rational and legitimate purpose.<br /> The third category is further divided into:<br /> <br /> a) Intelligence Gathering for a necessary purpose, such as preserving the Islamic government.<br /> <br /> b) Intelligence Gathering for a commendable purpose, such as identifying qualified individuals.<br /> <br /> Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant):<br /> 1. Spies working in favor of the enemies of Islam.<br /> 2. Spies working in favor of the Islamic state. <br /> ==Intelligence Gathering Benefiting Disbelief (Kufr)==<br /> === The Ruling on a Muslim Spy ===<br /> In this section, the author discusses the ruling on a Muslim spy under three main headings. <br /> 1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to execution. However, some contemporary scholars have ruled for the death penalty in cases where Intelligence Gathering is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).<br /> <br /> 2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, execution, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.<br /> <br /> 3. Jurisprudential Evidence: The author presents five pieces of evidence:<br /> <br /> - Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam). <br /> <br /> - A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the execution of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.<br /> <br /> - A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Intelligence Gathering.<br /> In the first three evidences, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable evidence to justify the execution of a Muslim spy. Based on the principle of precaution and available evidence, he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).<br /> Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Intelligence Gathering, and another where the person converted to Islam after committing Intelligence Gathering. In both cases, he finds the narration insufficient to justify execution.<br /> As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Intelligence Gathering, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Jurisprudential Rulings of Shia jurists.<br /> === Ruling on a Non-Muslim Spy ===<br /> There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the execution of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal Jurisprudential Rulings, and they are included in the book mainly to provide a comprehensive discussion.<br /> The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is execution. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a Admission.<br /> ==== The Dhimmi Spy and the Musta'min Spy ====<br /> In the context of non-Muslim spies, the author explores two jurisprudential branches:<br /> a) Does Intelligence Gathering violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: <br /> 1. Intelligence Gathering immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected. <br /> 2. It depends on the terms of the Dhimmah agreement. If refraining from Intelligence Gathering is one of the conditions, then their blood is forfeit. However, the conditions of the Dhimmah contract are not fixed, meaning that the ruler, based on his discretion, can add or remove certain conditions.<br /> The author also refers to various Sunni opinions, including execution or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: &quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&quot;<br /> <br /> b) The Ruling on a Mu'ahid or Musta'min Spy<br /> <br /> The ruling on a spy who is a treaty-holder (Mu'ahid) or a person under temporary protection (Musta'min), someone who enters Islamic lands under a protection agreement but not to reside there permanently:<br /> In this section, the author presents the views of Shia scholars, who state that if the Imam finds that the spy has committed an offense punishable by hudud (legal punishment) or ta'zir (discretionary punishment), the appropriate punishment is carried out. However, if no legal claim is established against the spy, they are sent back to their homeland. Moreover, Muslims are permitted to prevent an enemy spy from returning to their own territory. <br /> === Torture of Spies and the Validity of Admission Under Torture ===<br /> Regarding the discussion of torturing spies and the validity of Admissions obtained under torture, the author presents two viewpoints: one permitting and the other prohibiting torture, as well as rejecting the validity of Admissions made under duress. The proponents and their reasoning for each stance are also discussed. <br /> Under the section titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &quot;Views of Shia Jurists&quot; and &quot;Views of Sunni Jurists,&quot; the opinions of some scholars from are presented.<br /> In the end, the author concludes that torturing someone to force a Admission from them is unlawful. Such an act constitutes a form of domination or authority over another person, and the basic principle is that no one has authority over another, except when justified by a valid reason (such as necessity or public interest). <br /> == Intelligence Gathering for the Benefit of Islam and the Islamic System ==<br /> In this section, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each:<br /> In this section, the author presents three Quranic verses and eight narrations, offering his analysis of each:<br /> 1. [[Surah Al-Hujurat, verse 12]]: The conclusion is that the verse addresses spying for the benefit of disbelievers or, at the very least, in matters of individual and social affairs. The verse forbids investigating hidden matters and faults.<br /> 2. [[Surah An-Nur, verse 19]]: The conclusion is that this verse does not relate to Intelligence Gathering or have any direct connection to the topic.<br /> 3. [[Surah Al-Anfal, verse 27]]: <br /> <br /> - The context of the verse is debated:<br /> <br /> 1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.<br /> <br /> 2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.<br /> <br /> 3. The story of Abu Lubaba during the war with Banu Qurayza.<br /> <br /> Based on the first and third explanations, the verse is related to the prohibition of Intelligence Gathering. However, the second explanation pertains more to the prohibition of spreading and disclosing secrets, which may not be entirely relevant to Intelligence Gathering.<br /> == Supplementary Discussions ==<br /> ====Juridical or Subject-Specific Exception?====<br /> Is Intelligence Gathering for the benefit of the Islamic system and national security considered unlawful? If it is not prohibited, is the exception due to a juridical or subject-specific exemption?<br /> The author, in response to this question, writes that contrary to his earlier view, this type of Intelligence Gathering falls under a juridical exemption, not a subject-specific one. In fact, this type of Intelligence Gathering still constitutes a form of prohibited Intelligence Gathering. In this type of Intelligence Gathering, expediency merely is not sufficient to lift the prohibition; a stronger expediency must exist because, in cases of conflict, the more important takes precedence (similar to the case of not executing a coerced murderer or exceptions to gossip). Intelligence Gathering is prohibited, but the preservation of the [Islamic] system is obligatory, and in the presence of conflict and the prioritization of the more significant matter, Intelligence Gathering is permissible; thus, the exemption here is judicial in nature. However, some instances of Intelligence Gathering have a subjective exemption; for example, if they do not fall under the category of probing into the faults of others (such as polling public satisfaction regarding the government) or if they do not involve uncovering hidden matters, like when a person openly commits a sin and does not conceal their wrongdoing.<br /> ==== The Use of Spies in the Lives of the Infallibles ====<br /> To prove the appropriateness and necessity of this practice, the author presents eight historical and narrational examples from the lives of the Infallibles. These instances demonstrate either direct involvement in Intelligence Gathering, or sending of spies or approval of spy operations. Any objections to these texts do not pose a problem, as their abundance has reached the level of certainty, confirming that some of them were indeed sanctioned by the Infallibles. <br /> === Sunni Narrations on Military Affairs during the Prophet’s Time ===<br /> In this section, the author lists fifteen narrations that show how the Prophet (PBUH) used intelligence provided by others about enemy movements during wars and different circumstances, or how he himself ordered Intelligence Gathering. The author highlights the narration from Ibn Hisham as one of the most significant examples. This narration refers to when the Quraysh abandoned their siege of Medina and retreated toward Mecca. The Prophet (PBUH) instructed Imam Ali (A.S) to spy on them to ensure their intentions. The Prophet told Imam Ali: “If they are riding camels and their horses are loose, they are headed for Mecca. But if they are riding horses and their camels are untied, they intend to return and attack.” This is because the Infallible (the Prophet) orders Intelligence Gathering, and another Infallible (Imam Ali) is tasked with spying.<br /> Furthermore, the author believes that the narration from Ibn Sa'd (in the expedition of Usamah ibn Zayd ibn Harithah, the Messenger of God instructed Usamah: “Take guides with you and send out spies ahead of you”) conveys a meaning that goes beyond mere permissibility of Intelligence Gathering; it indicates its obligation.<br /> ====The Role of Arif and Naqib====<br /> In the fifth section of the book, the author discusses the terms Arif and Naqib, beginning with their linguistic meanings. The word Naqb refers to searching for secrets and hidden information, and a Naqib was someone in charge of a tribe who was knowledgeable about its affairs and of the means to recognize them. The Arif, on the other hand, was a person responsible for the affairs of a group or tribe, aware of their conditions, but of a lower status than the cheif. The author also references a hadith from Imam Ali (A.S.) where Arraf with a particular pronunciation refers to an astronomer or priest.<br /> The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Intelligence Gathering. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Intelligence Gathering and inquiry is acceptable. <br /> ====Committing Forbidden Acts during Intelligence Gathering====<br /> In the sixth section of the book, the author raises a key question: “If Intelligence Gathering requires committing forbidden acts, is it permissible to engage in them?” The author notes that it has been stated that if the only available means is a forbidden act, then engaging in such acts can be justified based on certain evidences and texts. He then presents these evidences and critiques them.<br /> ==Notes on the Book==<br /> {{column|3}}<br /> # The book is a transcription of Najm al-Din Tabasi’s advanced jurisprudence class (Dars-e-Kharij), penned by one of his students. Perhaps for this reason, various side discussions and unrelated topics are frequently raised throughout the book. In different sections, the author digresses from the main topic into secondary discussions as deemed appropriate. For instance, while narrating a tradition from Tabarsi’s works, the author critiques the last part of the narration that states, &quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: 'Do whatever you wish, for I have forgiven you'&quot; (p. 39). He then brings in Allama Tabatabai’s response to this objection, which takes up about seven pages of the book. Additionally, the author introduces discussions on the narrators (rijal) whenever names of individuals are mentioned, which seems unnecessary. Similarly, when discussing the chain of narrators for one tradition, a biographical discussion is initiated due Nofali being accused of extremism (ghuluw), leading to a lengthy discussion on the Qom scholars’ view on extremism, followed by criticisms of their stance (pp. 88–93).<br /> # The presence of these tangential discussions disrupts the cohesion of the book, leaving the reader with a less structured and consistent narrative. As a result, the flow of the discussion is sometimes lost, and the reader may occasionally feel that the discussion lacks a clear conclusion.<br /> # In many instances, the author could have included topics that are less relevant to the main discussion as footnotes or endnotes instead of integrating them into the main text.<br /> # The author, in discussing the first verse concerning the permissibility of espionage for the benefit of Islam and the Islamic system, argues that the verse on espionage is not general but specifically refers to espionage benefiting the enemy. He interprets &quot;suspicion&quot; in the verse to mean acting on and avoiding backbiting and slander (which do not benefit Muslims), thus restricting the prohibition of espionage to cases that do not benefit Muslims. Therefore, no conflict arises here, as this matter is categorically excluded, and from the outset, espionage for the benefit of Muslims is not included in the type of espionage that the verse addresses; rather, it is specifically excluded and is not prohibited, so no conflict occurs (p. 133). Here, in addition to the reasoning seeming inadequate, the author later states that contrary to our previous opinion, it appears that the exception is a juridical one, not a subjective one. In fact, this type of espionage is one of the instances of prohibited espionage (p. 157).<br /> # In discussing the torture of spies and the validity of confessions obtained under torture, the author refers to two narrations that were related to cases where someone was concealing information; however, it seems that the narrations generally prohibit torture. However, he concludes that narrations prohibiting torture are absolute and, based on this, deduces that torture for extracting confessions from spies is forbidden. <br /> # None of the ten narrations in the section titled &quot;Additional General Narrations on Torture&quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.<br /> # The author could have integrated the discussion on Arif and Naqib under the broader section on narrational evidence regarding espionage. Similarly, the topic of committing forbidden acts during espionage could have been treated as a subsidiary issue within the legal rulings on espionage, rather than being assigned separate chapters or sections.<br /> {{end}}<br /> [[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]<br /> [[category:Books by Najm al-Din Tabasi]]<br /> [[Category:Bibliography Articles]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&diff=2758 2026-05-12T15:52:35Z

<p>Sarfipour: </p> <hr /> <div>{{infobox book<br /> | title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg<br /> | caption = &lt;!-- Add caption for the image --&gt;<br /> | other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī<br /> | main title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | author = Mohammad Javad Asadi<br /> | date of writing = 2021<br /> | subject = Espionage, Counter-espionage, Islamic Jurisprudence<br /> | style = Analytical, Jurisprudential<br /> | language = Persian<br /> | main language = Persian<br /> | editor = &lt;!-- Add editor name if available --&gt;<br /> | textual editing = &lt;!-- Add textual editing details if relevant --&gt;<br /> | with the efforts of = &lt;!-- Add contributors if relevant --&gt;<br /> | collection = &lt;!-- Add collection name if available --&gt;<br /> | illustrator = &lt;!-- Add illustrator name if available --&gt;<br /> | cover designer = &lt;!-- Add cover designer name if available --&gt;<br /> | volumes = 1<br /> | pages = 400<br /> | size = &lt;!-- Specify dimensions if known --&gt;<br /> | translations = &lt;!-- Add translation details if available --&gt;<br /> | publisher = Islamic Research Institute for Culture and Thought<br /> | publication place = Tehran, Iran<br /> | publication date = 2021 (1st Edition)<br /> | printing = 1st Edition<br /> | print run = &lt;!-- Add print run details if available --&gt;<br /> | isbn = &lt;!-- Add ISBN number if available --&gt;<br /> | media type = Print<br /> | publisher website = &lt;!-- Add publisher website URL --&gt;<br /> | english name = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | translator = &lt;!-- Add translator name if available --&gt;<br /> | publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)<br /> | electronic version= &lt;!-- Add link to electronic version if available --&gt;<br /> | other volumes = &lt;!-- Add details of other volumes if available --&gt;<br /> }}<br /> {{Author<br /> |author = Mostafa haghanifazl<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }} <br /> * '''abstract'''<br /> The book The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%A8%D8%A7%D9%86%DB%8C_%D9%81%D9%82%D9%87%DB%8C_%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_%D9%88_%D8%B6%D8%AF%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مبانی فقهی جاسوسی و ضدجاسوسی]) is a summary and compilation of the jurisprudential discussions by Shaykh [[Najm al-Din Tabasi]] at the Islamic seminary in Qom. This work was printed and published after being reviewed and corrected by him. In this book, jurisprudential discussions regarding Intelligence Gathering are presented in five sections. The author uses Quranic verses, narrations, and historical texts to present and analyze the different aspects of Intelligence Gathering. After defining and categorizing various types of Intelligence Gathering, the author proceeds to detail the ruling (hukm) for each category. Throughout the main discussion, related secondary issues concerning Intelligence Gathering have also been addressed.<br /> == A Brief Look at the Book ==<br /> The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering, authored by [[Najm al-Din Moravveji Tabasi]], is a scholarly work within the domain of political jurisprudence. It was published in collaboration with Markaz e-Takhasussi e-Aimmah al-Athar (A). This book is a transcript and compilation of the jurisprudential discussions by Shaykh Najm al-Din Tabasi at the Islamic seminary in Qom, which has been published after his review and revision. This work aims to study the Jurisprudential Rulings regarding Intelligence Gathering — which has been categorized into several types in the text — through an examination of relevant narrations and the legal Jurisprudential Rulings of jurists from both sects (Shia and Sunni), along with issues related to it. These issues include matters such as committing unlawful acts for the purpose of Intelligence Gathering, the status of agreements and Safe Conduct to spies, torturing spies, extracting Admissions from them, and interpreting the legitimacy of Intelligence Gathering based on narrations concerning the appointment of an Arif (a recognized leader or expert in a community) and Naqib (a representative or head of a tribe).<br /> === About the Author ===<br /> Najm al-Din Maruji Tabasi (born 1334 SH ) is a professor of Dars al-Kharij (advanced studies in Islamic jurisprudence) at the Islamic seminary of Qom. He has authored over 27 works, some of which adopt a jurisprudential approach. His notable works include:<br /> - Al-Dirasat al-Fiqhiyya fi Masa'il Khilafiyya (Jurisprudential Studies on Controversial Issues)<br /> - Al-Zawaj al-Muwaqqat 'inda al-Sahaba wa al-Tabi'in (Temporary Marriage Among the Companions and Followers)<br /> - Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid'a (Excommunication Between Tradition and Innovation)<br /> - Tab’id dar Islam (Exile in Islam)<br /> - Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)<br /> - Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)<br /> == Structure of the Book ==<br /> The book The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering is organized into five sections (maqām), with each section further divided into chapters, depending on the depth of the discussion, and presenting various topics.<br /> First Section: The Meaning of Intelligence Gathering <br /> In this section, the linguistic and terminological meanings of Intelligence Gathering are examined.<br /> <br /> Second Section: Types of Intelligence Gathering and Spies<br /> Here, the author categorizes Intelligence Gathering into five types and classifies spies into two categories.<br /> <br /> Third Section: The Ruling on Intelligence Gathering<br /> This section is presented in two chapters:<br /> 1. Intelligence Gathering benefiting disbelief (kufr) and in its interests.<br /> 2. Intelligence Gathering benefiting Islam and the Islamic government.<br /> The first chapter includes three discussions:<br /> <br /> a) The ruling on a Muslim spy according to the fatwas of Shia jurists.<br /> <br /> b) The perspectives of Sunni jurists.<br /> <br /> c) The jurisprudential evidence for the ruling.<br /> <br /> Fourth Section: On Arif and Naqib<br /> Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Intelligence Gathering?<br /> <br /> Fifth Section: Committing Prohibited Acts During Intelligence Gathering<br /> Is it permissible to commit sinful acts in the process of Intelligence Gathering?<br /> == Meaning and Types of Intelligence Gathering ==<br /> In the first section, the author discusses the linguistic meaning of Tajassus ( Intelligence Gathering) using various lexical sources. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.<br /> In the second section, Intelligence Gathering is classified based on its benefit or lack thereof:<br /> 1. Investigating personal affairs without any rational motivation (i.e., meddling).<br /> 2. Intelligence Gathering driven by corrupt intentions.<br /> 3. Intelligence Gathering with a rational and legitimate purpose.<br /> The third category is further divided into:<br /> <br /> a) Intelligence Gathering for a necessary purpose, such as preserving the Islamic government.<br /> <br /> b) Intelligence Gathering for a commendable purpose, such as identifying qualified individuals.<br /> <br /> Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant):<br /> 1. Spies working in favor of the enemies of Islam.<br /> 2. Spies working in favor of the Islamic state. <br /> ==Intelligence Gathering Benefiting Disbelief (Kufr)==<br /> === The Ruling on a Muslim Spy ===<br /> In this section, the author discusses the ruling on a Muslim spy under three main headings. <br /> 1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to execution. However, some contemporary scholars have ruled for the death penalty in cases where Intelligence Gathering is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).<br /> <br /> 2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, execution, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.<br /> <br /> 3. Jurisprudential Evidence: The author presents five pieces of evidence:<br /> <br /> - Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam). <br /> <br /> - A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the execution of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.<br /> <br /> - A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Intelligence Gathering.<br /> In the first three evidences, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable evidence to justify the execution of a Muslim spy. Based on the principle of precaution and available evidence, he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).<br /> Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Intelligence Gathering, and another where the person converted to Islam after committing Intelligence Gathering. In both cases, he finds the narration insufficient to justify execution.<br /> As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Intelligence Gathering, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Jurisprudential Rulings of Shia jurists.<br /> === Ruling on a Non-Muslim Spy ===<br /> There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the execution of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal Jurisprudential Rulings, and they are included in the book mainly to provide a comprehensive discussion.<br /> The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is execution. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a Admission.<br /> ==== The Dhimmi Spy and the Musta'min Spy ====<br /> In the context of non-Muslim spies, the author explores two jurisprudential branches:<br /> a) Does Intelligence Gathering violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: <br /> 1. Intelligence Gathering immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected. <br /> 2. It depends on the terms of the Dhimmah agreement. If refraining from Intelligence Gathering is one of the conditions, then their blood is forfeit. However, the conditions of the Dhimmah contract are not fixed, meaning that the ruler, based on his discretion, can add or remove certain conditions.<br /> The author also refers to various Sunni opinions, including execution or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: &quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&quot;<br /> <br /> b) The Ruling on a Mu'ahid or Musta'min Spy<br /> <br /> The ruling on a spy who is a treaty-holder (Mu'ahid) or a person under temporary protection (Musta'min), someone who enters Islamic lands under a protection agreement but not to reside there permanently:<br /> In this section, the author presents the views of Shia scholars, who state that if the Imam finds that the spy has committed an offense punishable by hudud (legal punishment) or ta'zir (discretionary punishment), the appropriate punishment is carried out. However, if no legal claim is established against the spy, they are sent back to their homeland. Moreover, Muslims are permitted to prevent an enemy spy from returning to their own territory. <br /> === Torture of Spies and the Validity of Admission Under Torture ===<br /> Regarding the discussion of torturing spies and the validity of Admissions obtained under torture, the author presents two viewpoints: one permitting and the other prohibiting torture, as well as rejecting the validity of Admissions made under duress. The proponents and their reasoning for each stance are also discussed. <br /> Under the section titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &quot;Views of Shia Jurists&quot; and &quot;Views of Sunni Jurists,&quot; the opinions of some scholars from are presented.<br /> In the end, the author concludes that torturing someone to force a Admission from them is unlawful. Such an act constitutes a form of domination or authority over another person, and the basic principle is that no one has authority over another, except when justified by a valid reason (such as necessity or public interest). <br /> == Intelligence Gathering for the Benefit of Islam and the Islamic System ==<br /> In this section, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each:<br /> In this section, the author presents three Quranic verses and eight narrations, offering his analysis of each:<br /> 1. [[Surah Al-Hujurat, verse 12]]: The conclusion is that the verse addresses spying for the benefit of disbelievers or, at the very least, in matters of individual and social affairs. The verse forbids investigating hidden matters and faults.<br /> 2. [[Surah An-Nur, verse 19]]: The conclusion is that this verse does not relate to Intelligence Gathering or have any direct connection to the topic.<br /> 3. [[Surah Al-Anfal, verse 27]]: <br /> <br /> - The context of the verse is debated:<br /> <br /> 1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.<br /> <br /> 2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.<br /> <br /> 3. The story of Abu Lubaba during the war with Banu Qurayza.<br /> <br /> Based on the first and third explanations, the verse is related to the prohibition of Intelligence Gathering. However, the second explanation pertains more to the prohibition of spreading and disclosing secrets, which may not be entirely relevant to Intelligence Gathering.<br /> == Supplementary Discussions ==<br /> ====Juridical or Subject-Specific Exception?====<br /> Is Intelligence Gathering for the benefit of the Islamic system and national security considered unlawful? If it is not prohibited, is the exception due to a juridical or subject-specific exemption?<br /> The author, in response to this question, writes that contrary to his earlier view, this type of Intelligence Gathering falls under a juridical exemption, not a subject-specific one. In fact, this type of Intelligence Gathering still constitutes a form of prohibited Intelligence Gathering. In this type of Intelligence Gathering, expediency merely is not sufficient to lift the prohibition; a stronger expediency must exist because, in cases of conflict, the more important takes precedence (similar to the case of not executing a coerced murderer or exceptions to gossip). Intelligence Gathering is prohibited, but the preservation of the [Islamic] system is obligatory, and in the presence of conflict and the prioritization of the more significant matter, Intelligence Gathering is permissible; thus, the exemption here is judicial in nature. However, some instances of Intelligence Gathering have a subjective exemption; for example, if they do not fall under the category of probing into the faults of others (such as polling public satisfaction regarding the government) or if they do not involve uncovering hidden matters, like when a person openly commits a sin and does not conceal their wrongdoing.<br /> ==== The Use of Spies in the Lives of the Infallibles ====<br /> To prove the appropriateness and necessity of this practice, the author presents eight historical and narrational examples from the lives of the Infallibles. These instances demonstrate either direct involvement in Intelligence Gathering, or sending of spies or approval of spy operations. Any objections to these texts do not pose a problem, as their abundance has reached the level of certainty, confirming that some of them were indeed sanctioned by the Infallibles. <br /> === Sunni Narrations on Military Affairs during the Prophet’s Time ===<br /> In this section, the author lists fifteen narrations that show how the Prophet (PBUH) used intelligence provided by others about enemy movements during wars and different circumstances, or how he himself ordered Intelligence Gathering. The author highlights the narration from Ibn Hisham as one of the most significant examples. This narration refers to when the Quraysh abandoned their siege of Medina and retreated toward Mecca. The Prophet (PBUH) instructed Imam Ali (A.S) to spy on them to ensure their intentions. The Prophet told Imam Ali: “If they are riding camels and their horses are loose, they are headed for Mecca. But if they are riding horses and their camels are untied, they intend to return and attack.” This is because the Infallible (the Prophet) orders Intelligence Gathering, and another Infallible (Imam Ali) is tasked with spying.<br /> Furthermore, the author believes that the narration from Ibn Sa'd (in the expedition of Usamah ibn Zayd ibn Harithah, the Messenger of God instructed Usamah: “Take guides with you and send out spies ahead of you”) conveys a meaning that goes beyond mere permissibility of Intelligence Gathering; it indicates its obligation.<br /> ====The Role of Arif and Naqib====<br /> In the fifth section of the book, the author discusses the terms Arif and Naqib, beginning with their linguistic meanings. The word Naqb refers to searching for secrets and hidden information, and a Naqib was someone in charge of a tribe who was knowledgeable about its affairs and of the means to recognize them. The Arif, on the other hand, was a person responsible for the affairs of a group or tribe, aware of their conditions, but of a lower status than the cheif. The author also references a hadith from Imam Ali (A.S.) where Arraf with a particular pronunciation refers to an astronomer or priest.<br /> The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Intelligence Gathering. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Intelligence Gathering and inquiry is acceptable. <br /> ====Committing Forbidden Acts during Intelligence Gathering====<br /> In the sixth section of the book, the author raises a key question: “If Intelligence Gathering requires committing forbidden acts, is it permissible to engage in them?” The author notes that it has been stated that if the only available means is a forbidden act, then engaging in such acts can be justified based on certain evidences and texts. He then presents these evidences and critiques them.<br /> ==Notes on the Book==<br /> {{column|3}}<br /> # The book is a transcription of Najm al-Din Tabasi’s advanced jurisprudence class (Dars-e-Kharij), penned by one of his students. Perhaps for this reason, various side discussions and unrelated topics are frequently raised throughout the book. In different sections, the author digresses from the main topic into secondary discussions as deemed appropriate. For instance, while narrating a tradition from Tabarsi’s works, the author critiques the last part of the narration that states, &quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: 'Do whatever you wish, for I have forgiven you'&quot; (p. 39). He then brings in Allama Tabatabai’s response to this objection, which takes up about seven pages of the book. Additionally, the author introduces discussions on the narrators (rijal) whenever names of individuals are mentioned, which seems unnecessary. Similarly, when discussing the chain of narrators for one tradition, a biographical discussion is initiated due Nofali being accused of extremism (ghuluw), leading to a lengthy discussion on the Qom scholars’ view on extremism, followed by criticisms of their stance (pp. 88–93).<br /> # The presence of these tangential discussions disrupts the cohesion of the book, leaving the reader with a less structured and consistent narrative. As a result, the flow of the discussion is sometimes lost, and the reader may occasionally feel that the discussion lacks a clear conclusion.<br /> # In many instances, the author could have included topics that are less relevant to the main discussion as footnotes or endnotes instead of integrating them into the main text.<br /> # The author, in discussing the first verse concerning the permissibility of espionage for the benefit of Islam and the Islamic system, argues that the verse on espionage is not general but specifically refers to espionage benefiting the enemy. He interprets &quot;suspicion&quot; in the verse to mean acting on and avoiding backbiting and slander (which do not benefit Muslims), thus restricting the prohibition of espionage to cases that do not benefit Muslims. Therefore, no conflict arises here, as this matter is categorically excluded, and from the outset, espionage for the benefit of Muslims is not included in the type of espionage that the verse addresses; rather, it is specifically excluded and is not prohibited, so no conflict occurs (p. 133). Here, in addition to the reasoning seeming inadequate, the author later states that contrary to our previous opinion, it appears that the exception is a juridical one, not a subjective one. In fact, this type of espionage is one of the instances of prohibited espionage (p. 157).<br /> # In discussing the torture of spies and the validity of confessions obtained under torture, the author refers to two narrations that were related to cases where someone was concealing information; however, it seems that the narrations generally prohibit torture. However, he concludes that narrations prohibiting torture are absolute and, based on this, deduces that torture for extracting confessions from spies is forbidden. <br /> # None of the ten narrations in the section titled &quot;Additional General Narrations on Torture&quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.<br /> # The author could have integrated the discussion on Arif and Naqib under the broader section on narrational evidence regarding espionage. Similarly, the topic of committing forbidden acts during espionage could have been treated as a subsidiary issue within the legal rulings on espionage, rather than being assigned separate chapters or sections.<br /> {{end}}<br /> [[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]<br /> [[category:Books by Najm al-Din Tabasi]]<br /> [[Category:Bibliography Articles]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&diff=2757 2026-05-12T15:35:39Z

<p>Sarfipour: </p> <hr /> <div>{{infobox book<br /> | title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg<br /> | caption = &lt;!-- Add caption for the image --&gt;<br /> | other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī<br /> | main title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | author = Mohammad Javad Asadi<br /> | date of writing = 2021<br /> | subject = Espionage, Counter-espionage, Islamic Jurisprudence<br /> | style = Analytical, Jurisprudential<br /> | language = Persian<br /> | main language = Persian<br /> | editor = &lt;!-- Add editor name if available --&gt;<br /> | textual editing = &lt;!-- Add textual editing details if relevant --&gt;<br /> | with the efforts of = &lt;!-- Add contributors if relevant --&gt;<br /> | collection = &lt;!-- Add collection name if available --&gt;<br /> | illustrator = &lt;!-- Add illustrator name if available --&gt;<br /> | cover designer = &lt;!-- Add cover designer name if available --&gt;<br /> | volumes = 1<br /> | pages = 400<br /> | size = &lt;!-- Specify dimensions if known --&gt;<br /> | translations = &lt;!-- Add translation details if available --&gt;<br /> | publisher = Islamic Research Institute for Culture and Thought<br /> | publication place = Tehran, Iran<br /> | publication date = 2021 (1st Edition)<br /> | printing = 1st Edition<br /> | print run = &lt;!-- Add print run details if available --&gt;<br /> | isbn = &lt;!-- Add ISBN number if available --&gt;<br /> | media type = Print<br /> | publisher website = &lt;!-- Add publisher website URL --&gt;<br /> | english name = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | translator = &lt;!-- Add translator name if available --&gt;<br /> | publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)<br /> | electronic version= &lt;!-- Add link to electronic version if available --&gt;<br /> | other volumes = &lt;!-- Add details of other volumes if available --&gt;<br /> }}<br /> {{Author<br /> |author = Mostafa haghanifazl<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }} <br /> * '''abstract'''<br /> The book The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%A8%D8%A7%D9%86%DB%8C_%D9%81%D9%82%D9%87%DB%8C_%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_%D9%88_%D8%B6%D8%AF%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مبانی فقهی جاسوسی و ضدجاسوسی]) is a summary and compilation of the jurisprudential discussions by Shaykh [[Najm al-Din Tabasi]] at the Islamic seminary in Qom. This work was printed and published after being reviewed and corrected by him. In this book, jurisprudential discussions regarding Intelligence Gathering are presented in five sections. The author uses Quranic verses, narrations, and historical texts to present and analyze the different aspects of Intelligence Gathering. After defining and categorizing various types of Intelligence Gathering, the author proceeds to detail the ruling (hukm) for each category. Throughout the main discussion, related secondary issues concerning Intelligence Gathering have also been addressed.<br /> == A Brief Look at the Book ==<br /> The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering, authored by [[Najm al-Din Moravveji Tabasi]], is a scholarly work within the domain of political jurisprudence. It was published in collaboration with Markaz e-Takhasussi e-Aimmah al-Athar (A). This book is a transcript and compilation of the jurisprudential discussions by Shaykh Najm al-Din Tabasi at the Islamic seminary in Qom, which has been published after his review and revision. This work aims to study the Jurisprudential Rulings regarding Intelligence Gathering — which has been categorized into several types in the text — through an examination of relevant narrations and the legal Jurisprudential Rulings of jurists from both sects (Shia and Sunni), along with issues related to it. These issues include matters such as committing unlawful acts for the purpose of Intelligence Gathering, the status of agreements and Safe Conduct to spies, torturing spies, extracting confessions from them, and interpreting the legitimacy of Intelligence Gathering based on narrations concerning the appointment of an Arif (a recognized leader or expert in a community) and Naqib (a representative or head of a tribe).<br /> === About the Author ===<br /> Najm al-Din Maruji Tabasi (born 1334 SH ) is a professor of Dars al-Kharij (advanced studies in Islamic jurisprudence) at the Islamic seminary of Qom. He has authored over 27 works, some of which adopt a jurisprudential approach. His notable works include:<br /> - Al-Dirasat al-Fiqhiyya fi Masa'il Khilafiyya (Jurisprudential Studies on Controversial Issues)<br /> - Al-Zawaj al-Muwaqqat 'inda al-Sahaba wa al-Tabi'in (Temporary Marriage Among the Companions and Followers)<br /> - Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid'a (Excommunication Between Tradition and Innovation)<br /> - Tab’id dar Islam (Exile in Islam)<br /> - Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)<br /> - Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)<br /> == Structure of the Book ==<br /> The book The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering is organized into five sections (maqām), with each section further divided into chapters, depending on the depth of the discussion, and presenting various topics.<br /> First Section: The Meaning of Intelligence Gathering <br /> In this section, the linguistic and terminological meanings of Intelligence Gathering are examined.<br /> <br /> Second Section: Types of Intelligence Gathering and Spies<br /> Here, the author categorizes Intelligence Gathering into five types and classifies spies into two categories.<br /> <br /> Third Section: The Ruling on Intelligence Gathering<br /> This section is presented in two chapters:<br /> 1. Intelligence Gathering benefiting disbelief (kufr) and in its interests.<br /> 2. Intelligence Gathering benefiting Islam and the Islamic government.<br /> The first chapter includes three discussions:<br /> <br /> a) The ruling on a Muslim spy according to the fatwas of Shia jurists.<br /> <br /> b) The perspectives of Sunni jurists.<br /> <br /> c) The jurisprudential evidence for the ruling.<br /> <br /> Fourth Section: On Arif and Naqib<br /> Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Intelligence Gathering?<br /> <br /> Fifth Section: Committing Prohibited Acts During Intelligence Gathering<br /> Is it permissible to commit sinful acts in the process of Intelligence Gathering?<br /> == Meaning and Types of Intelligence Gathering ==<br /> In the first section, the author discusses the linguistic meaning of Tajassus ( Intelligence Gathering) using various lexical sources. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.<br /> In the second section, Intelligence Gathering is classified based on its benefit or lack thereof:<br /> 1. Investigating personal affairs without any rational motivation (i.e., meddling).<br /> 2. Intelligence Gathering driven by corrupt intentions.<br /> 3. Intelligence Gathering with a rational and legitimate purpose.<br /> The third category is further divided into:<br /> <br /> a) Intelligence Gathering for a necessary purpose, such as preserving the Islamic government.<br /> <br /> b) Intelligence Gathering for a commendable purpose, such as identifying qualified individuals.<br /> <br /> Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant):<br /> 1. Spies working in favor of the enemies of Islam.<br /> 2. Spies working in favor of the Islamic state. <br /> ==Intelligence Gathering Benefiting Disbelief (Kufr)==<br /> === The Ruling on a Muslim Spy ===<br /> In this section, the author discusses the ruling on a Muslim spy under three main headings. <br /> 1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to execution. However, some contemporary scholars have ruled for the death penalty in cases where Intelligence Gathering is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).<br /> <br /> 2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, execution, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.<br /> <br /> 3. Jurisprudential Evidence: The author presents five pieces of evidence:<br /> <br /> - Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam). <br /> <br /> - A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the execution of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.<br /> <br /> - A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Intelligence Gathering.<br /> In the first three evidences, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable evidence to justify the execution of a Muslim spy. Based on the principle of precaution and available evidence, he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).<br /> Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Intelligence Gathering, and another where the person converted to Islam after committing Intelligence Gathering. In both cases, he finds the narration insufficient to justify execution.<br /> As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Intelligence Gathering, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Jurisprudential Rulings of Shia jurists.<br /> === Ruling on a Non-Muslim Spy ===<br /> There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the execution of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal Jurisprudential Rulings, and they are included in the book mainly to provide a comprehensive discussion.<br /> The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is execution. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a confession.<br /> ==== The Dhimmi Spy and the Musta'min Spy ====<br /> In the context of non-Muslim spies, the author explores two jurisprudential branches:<br /> a) Does Intelligence Gathering violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: <br /> 1. Intelligence Gathering immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected. <br /> 2. It depends on the terms of the Dhimmah agreement. If refraining from Intelligence Gathering is one of the conditions, then their blood is forfeit. However, the conditions of the Dhimmah contract are not fixed, meaning that the ruler, based on his discretion, can add or remove certain conditions.<br /> The author also refers to various Sunni opinions, including execution or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: &quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&quot;<br /> <br /> b) The Ruling on a Mu'ahid or Musta'min Spy<br /> <br /> The ruling on a spy who is a treaty-holder (Mu'ahid) or a person under temporary protection (Musta'min), someone who enters Islamic lands under a protection agreement but not to reside there permanently:<br /> In this section, the author presents the views of Shia scholars, who state that if the Imam finds that the spy has committed an offense punishable by hudud (legal punishment) or ta'zir (discretionary punishment), the appropriate punishment is carried out. However, if no legal claim is established against the spy, they are sent back to their homeland. Moreover, Muslims are permitted to prevent an enemy spy from returning to their own territory. <br /> === Torture of Spies and the Validity of Confession Under Torture ===<br /> Regarding the discussion of torturing spies and the validity of confessions obtained under torture, the author presents two viewpoints: one permitting and the other prohibiting torture, as well as rejecting the validity of confessions made under duress. The proponents and their reasoning for each stance are also discussed. <br /> Under the section titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &quot;Views of Shia Jurists&quot; and &quot;Views of Sunni Jurists,&quot; the opinions of some scholars from are presented.<br /> In the end, the author concludes that torturing someone to force a confession from them is unlawful. Such an act constitutes a form of domination or authority over another person, and the basic principle is that no one has authority over another, except when justified by a valid reason (such as necessity or public interest). <br /> == Intelligence Gathering for the Benefit of Islam and the Islamic System ==<br /> In this section, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each:<br /> In this section, the author presents three Quranic verses and eight narrations, offering his analysis of each:<br /> 1. [[Surah Al-Hujurat, verse 12]]: The conclusion is that the verse addresses spying for the benefit of disbelievers or, at the very least, in matters of individual and social affairs. The verse forbids investigating hidden matters and faults.<br /> 2. [[Surah An-Nur, verse 19]]: The conclusion is that this verse does not relate to Intelligence Gathering or have any direct connection to the topic.<br /> 3. [[Surah Al-Anfal, verse 27]]: <br /> <br /> - The context of the verse is debated:<br /> <br /> 1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.<br /> <br /> 2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.<br /> <br /> 3. The story of Abu Lubaba during the war with Banu Qurayza.<br /> <br /> Based on the first and third explanations, the verse is related to the prohibition of Intelligence Gathering. However, the second explanation pertains more to the prohibition of spreading and disclosing secrets, which may not be entirely relevant to Intelligence Gathering.<br /> == Supplementary Discussions ==<br /> ====Juridical or Subject-Specific Exception?====<br /> Is Intelligence Gathering for the benefit of the Islamic system and national security considered unlawful? If it is not prohibited, is the exception due to a juridical or subject-specific exemption?<br /> The author, in response to this question, writes that contrary to his earlier view, this type of Intelligence Gathering falls under a juridical exemption, not a subject-specific one. In fact, this type of Intelligence Gathering still constitutes a form of prohibited Intelligence Gathering. In this type of Intelligence Gathering, expediency merely is not sufficient to lift the prohibition; a stronger expediency must exist because, in cases of conflict, the more important takes precedence (similar to the case of not executing a coerced murderer or exceptions to gossip). Intelligence Gathering is prohibited, but the preservation of the [Islamic] system is obligatory, and in the presence of conflict and the prioritization of the more significant matter, Intelligence Gathering is permissible; thus, the exemption here is judicial in nature. However, some instances of Intelligence Gathering have a subjective exemption; for example, if they do not fall under the category of probing into the faults of others (such as polling public satisfaction regarding the government) or if they do not involve uncovering hidden matters, like when a person openly commits a sin and does not conceal their wrongdoing.<br /> ==== The Use of Spies in the Lives of the Infallibles ====<br /> To prove the appropriateness and necessity of this practice, the author presents eight historical and narrational examples from the lives of the Infallibles. These instances demonstrate either direct involvement in Intelligence Gathering, or sending of spies or approval of spy operations. Any objections to these texts do not pose a problem, as their abundance has reached the level of certainty, confirming that some of them were indeed sanctioned by the Infallibles. <br /> === Sunni Narrations on Military Affairs during the Prophet’s Time ===<br /> In this section, the author lists fifteen narrations that show how the Prophet (PBUH) used intelligence provided by others about enemy movements during wars and different circumstances, or how he himself ordered Intelligence Gathering. The author highlights the narration from Ibn Hisham as one of the most significant examples. This narration refers to when the Quraysh abandoned their siege of Medina and retreated toward Mecca. The Prophet (PBUH) instructed Imam Ali (A.S) to spy on them to ensure their intentions. The Prophet told Imam Ali: “If they are riding camels and their horses are loose, they are headed for Mecca. But if they are riding horses and their camels are untied, they intend to return and attack.” This is because the Infallible (the Prophet) orders Intelligence Gathering, and another Infallible (Imam Ali) is tasked with spying.<br /> Furthermore, the author believes that the narration from Ibn Sa'd (in the expedition of Usamah ibn Zayd ibn Harithah, the Messenger of God instructed Usamah: “Take guides with you and send out spies ahead of you”) conveys a meaning that goes beyond mere permissibility of Intelligence Gathering; it indicates its obligation.<br /> ====The Role of Arif and Naqib====<br /> In the fifth section of the book, the author discusses the terms Arif and Naqib, beginning with their linguistic meanings. The word Naqb refers to searching for secrets and hidden information, and a Naqib was someone in charge of a tribe who was knowledgeable about its affairs and of the means to recognize them. The Arif, on the other hand, was a person responsible for the affairs of a group or tribe, aware of their conditions, but of a lower status than the cheif. The author also references a hadith from Imam Ali (A.S.) where Arraf with a particular pronunciation refers to an astronomer or priest.<br /> The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Intelligence Gathering. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Intelligence Gathering and inquiry is acceptable. <br /> ====Committing Forbidden Acts during Intelligence Gathering====<br /> In the sixth section of the book, the author raises a key question: “If Intelligence Gathering requires committing forbidden acts, is it permissible to engage in them?” The author notes that it has been stated that if the only available means is a forbidden act, then engaging in such acts can be justified based on certain evidences and texts. He then presents these evidences and critiques them.<br /> ==Notes on the Book==<br /> {{column|3}}<br /> # The book is a transcription of Najm al-Din Tabasi’s advanced jurisprudence class (Dars-e-Kharij), penned by one of his students. Perhaps for this reason, various side discussions and unrelated topics are frequently raised throughout the book. In different sections, the author digresses from the main topic into secondary discussions as deemed appropriate. For instance, while narrating a tradition from Tabarsi’s works, the author critiques the last part of the narration that states, &quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: 'Do whatever you wish, for I have forgiven you'&quot; (p. 39). He then brings in Allama Tabatabai’s response to this objection, which takes up about seven pages of the book. Additionally, the author introduces discussions on the narrators (rijal) whenever names of individuals are mentioned, which seems unnecessary. Similarly, when discussing the chain of narrators for one tradition, a biographical discussion is initiated due Nofali being accused of extremism (ghuluw), leading to a lengthy discussion on the Qom scholars’ view on extremism, followed by criticisms of their stance (pp. 88–93).<br /> # The presence of these tangential discussions disrupts the cohesion of the book, leaving the reader with a less structured and consistent narrative. As a result, the flow of the discussion is sometimes lost, and the reader may occasionally feel that the discussion lacks a clear conclusion.<br /> # In many instances, the author could have included topics that are less relevant to the main discussion as footnotes or endnotes instead of integrating them into the main text.<br /> # The author, in discussing the first verse concerning the permissibility of espionage for the benefit of Islam and the Islamic system, argues that the verse on espionage is not general but specifically refers to espionage benefiting the enemy. He interprets &quot;suspicion&quot; in the verse to mean acting on and avoiding backbiting and slander (which do not benefit Muslims), thus restricting the prohibition of espionage to cases that do not benefit Muslims. Therefore, no conflict arises here, as this matter is categorically excluded, and from the outset, espionage for the benefit of Muslims is not included in the type of espionage that the verse addresses; rather, it is specifically excluded and is not prohibited, so no conflict occurs (p. 133). Here, in addition to the reasoning seeming inadequate, the author later states that contrary to our previous opinion, it appears that the exception is a juridical one, not a subjective one. In fact, this type of espionage is one of the instances of prohibited espionage (p. 157).<br /> # In discussing the torture of spies and the validity of confessions obtained under torture, the author refers to two narrations that were related to cases where someone was concealing information; however, it seems that the narrations generally prohibit torture. However, he concludes that narrations prohibiting torture are absolute and, based on this, deduces that torture for extracting confessions from spies is forbidden. <br /> # None of the ten narrations in the section titled &quot;Additional General Narrations on Torture&quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.<br /> # The author could have integrated the discussion on Arif and Naqib under the broader section on narrational evidence regarding espionage. Similarly, the topic of committing forbidden acts during espionage could have been treated as a subsidiary issue within the legal rulings on espionage, rather than being assigned separate chapters or sections.<br /> {{end}}<br /> [[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]<br /> [[category:Books by Najm al-Din Tabasi]]<br /> [[Category:Bibliography Articles]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&diff=2756 2026-05-12T15:24:57Z

<p>Sarfipour: </p> <hr /> <div>{{infobox book<br /> | title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg<br /> | caption = &lt;!-- Add caption for the image --&gt;<br /> | other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī<br /> | main title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | author = Mohammad Javad Asadi<br /> | date of writing = 2021<br /> | subject = Espionage, Counter-espionage, Islamic Jurisprudence<br /> | style = Analytical, Jurisprudential<br /> | language = Persian<br /> | main language = Persian<br /> | editor = &lt;!-- Add editor name if available --&gt;<br /> | textual editing = &lt;!-- Add textual editing details if relevant --&gt;<br /> | with the efforts of = &lt;!-- Add contributors if relevant --&gt;<br /> | collection = &lt;!-- Add collection name if available --&gt;<br /> | illustrator = &lt;!-- Add illustrator name if available --&gt;<br /> | cover designer = &lt;!-- Add cover designer name if available --&gt;<br /> | volumes = 1<br /> | pages = 400<br /> | size = &lt;!-- Specify dimensions if known --&gt;<br /> | translations = &lt;!-- Add translation details if available --&gt;<br /> | publisher = Islamic Research Institute for Culture and Thought<br /> | publication place = Tehran, Iran<br /> | publication date = 2021 (1st Edition)<br /> | printing = 1st Edition<br /> | print run = &lt;!-- Add print run details if available --&gt;<br /> | isbn = &lt;!-- Add ISBN number if available --&gt;<br /> | media type = Print<br /> | publisher website = &lt;!-- Add publisher website URL --&gt;<br /> | english name = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | translator = &lt;!-- Add translator name if available --&gt;<br /> | publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)<br /> | electronic version= &lt;!-- Add link to electronic version if available --&gt;<br /> | other volumes = &lt;!-- Add details of other volumes if available --&gt;<br /> }}<br /> {{Author<br /> |author = Mostafa haghanifazl<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }} <br /> * '''abstract'''<br /> The book The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%A8%D8%A7%D9%86%DB%8C_%D9%81%D9%82%D9%87%DB%8C_%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_%D9%88_%D8%B6%D8%AF%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مبانی فقهی جاسوسی و ضدجاسوسی]) is a summary and compilation of the jurisprudential discussions by Shaykh [[Najm al-Din Tabasi]] at the Islamic seminary in Qom. This work was printed and published after being reviewed and corrected by him. In this book, jurisprudential discussions regarding Intelligence Gathering are presented in five sections. The author uses Quranic verses, narrations, and historical texts to present and analyze the different aspects of Intelligence Gathering. After defining and categorizing various types of Intelligence Gathering, the author proceeds to detail the ruling (hukm) for each category. Throughout the main discussion, related secondary issues concerning Intelligence Gathering have also been addressed.<br /> == A Brief Look at the Book ==<br /> The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering, authored by [[Najm al-Din Moravveji Tabasi]], is a scholarly work within the domain of political jurisprudence. It was published in collaboration with Markaz e-Takhasussi e-Aimmah al-Athar (A). This book is a transcript and compilation of the jurisprudential discussions by Shaykh Najm al-Din Tabasi at the Islamic seminary in Qom, which has been published after his review and revision. This work aims to study the Jurisprudential Rulings regarding Intelligence Gathering — which has been categorized into several types in the text — through an examination of relevant narrations and the legal Jurisprudential Rulings of jurists from both sects (Shia and Sunni), along with issues related to it. These issues include matters such as committing unlawful acts for the purpose of Intelligence Gathering, the status of agreements and granting protection to spies, torturing spies, extracting confessions from them, and interpreting the legitimacy of Intelligence Gathering based on narrations concerning the appointment of an Arif (a recognized leader or expert in a community) and Naqib (a representative or head of a tribe).<br /> === About the Author ===<br /> Najm al-Din Maruji Tabasi (born 1334 SH ) is a professor of Dars al-Kharij (advanced studies in Islamic jurisprudence) at the Islamic seminary of Qom. He has authored over 27 works, some of which adopt a jurisprudential approach. His notable works include:<br /> - Al-Dirasat al-Fiqhiyya fi Masa'il Khilafiyya (Jurisprudential Studies on Controversial Issues)<br /> - Al-Zawaj al-Muwaqqat 'inda al-Sahaba wa al-Tabi'in (Temporary Marriage Among the Companions and Followers)<br /> - Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid'a (Excommunication Between Tradition and Innovation)<br /> - Tab’id dar Islam (Exile in Islam)<br /> - Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)<br /> - Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)<br /> == Structure of the Book ==<br /> The book The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering is organized into five sections (maqām), with each section further divided into chapters, depending on the depth of the discussion, and presenting various topics.<br /> First Section: The Meaning of Intelligence Gathering <br /> In this section, the linguistic and terminological meanings of Intelligence Gathering are examined.<br /> <br /> Second Section: Types of Intelligence Gathering and Spies<br /> Here, the author categorizes Intelligence Gathering into five types and classifies spies into two categories.<br /> <br /> Third Section: The Ruling on Intelligence Gathering<br /> This section is presented in two chapters:<br /> 1. Intelligence Gathering benefiting disbelief (kufr) and in its interests.<br /> 2. Intelligence Gathering benefiting Islam and the Islamic government.<br /> The first chapter includes three discussions:<br /> <br /> a) The ruling on a Muslim spy according to the fatwas of Shia jurists.<br /> <br /> b) The perspectives of Sunni jurists.<br /> <br /> c) The jurisprudential evidence for the ruling.<br /> <br /> Fourth Section: On Arif and Naqib<br /> Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Intelligence Gathering?<br /> <br /> Fifth Section: Committing Prohibited Acts During Intelligence Gathering<br /> Is it permissible to commit sinful acts in the process of Intelligence Gathering?<br /> == Meaning and Types of Intelligence Gathering ==<br /> In the first section, the author discusses the linguistic meaning of Tajassus ( Intelligence Gathering) using various lexical sources. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.<br /> In the second section, Intelligence Gathering is classified based on its benefit or lack thereof:<br /> 1. Investigating personal affairs without any rational motivation (i.e., meddling).<br /> 2. Intelligence Gathering driven by corrupt intentions.<br /> 3. Intelligence Gathering with a rational and legitimate purpose.<br /> The third category is further divided into:<br /> <br /> a) Intelligence Gathering for a necessary purpose, such as preserving the Islamic government.<br /> <br /> b) Intelligence Gathering for a commendable purpose, such as identifying qualified individuals.<br /> <br /> Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant):<br /> 1. Spies working in favor of the enemies of Islam.<br /> 2. Spies working in favor of the Islamic state. <br /> ==Intelligence Gathering Benefiting Disbelief (Kufr)==<br /> === The Ruling on a Muslim Spy ===<br /> In this section, the author discusses the ruling on a Muslim spy under three main headings. <br /> 1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to execution. However, some contemporary scholars have ruled for the death penalty in cases where Intelligence Gathering is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).<br /> <br /> 2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, execution, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.<br /> <br /> 3. Jurisprudential Evidence: The author presents five pieces of evidence:<br /> <br /> - Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam). <br /> <br /> - A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the execution of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.<br /> <br /> - A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Intelligence Gathering.<br /> In the first three evidences, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable evidence to justify the execution of a Muslim spy. Based on the principle of precaution and available evidence, he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).<br /> Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Intelligence Gathering, and another where the person converted to Islam after committing Intelligence Gathering. In both cases, he finds the narration insufficient to justify execution.<br /> As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Intelligence Gathering, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Jurisprudential Rulings of Shia jurists.<br /> === Ruling on a Non-Muslim Spy ===<br /> There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the execution of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal Jurisprudential Rulings, and they are included in the book mainly to provide a comprehensive discussion.<br /> The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is execution. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a confession.<br /> ==== The Dhimmi Spy and the Musta'min Spy ====<br /> In the context of non-Muslim spies, the author explores two jurisprudential branches:<br /> a) Does Intelligence Gathering violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: <br /> 1. Intelligence Gathering immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected. <br /> 2. It depends on the terms of the Dhimmah agreement. If refraining from Intelligence Gathering is one of the conditions, then their blood is forfeit. However, the conditions of the Dhimmah contract are not fixed, meaning that the ruler, based on his discretion, can add or remove certain conditions.<br /> The author also refers to various Sunni opinions, including execution or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: &quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&quot;<br /> <br /> b) The Ruling on a Mu'ahid or Musta'min Spy<br /> <br /> The ruling on a spy who is a treaty-holder (Mu'ahid) or a person under temporary protection (Musta'min), someone who enters Islamic lands under a protection agreement but not to reside there permanently:<br /> In this section, the author presents the views of Shia scholars, who state that if the Imam finds that the spy has committed an offense punishable by hudud (legal punishment) or ta'zir (discretionary punishment), the appropriate punishment is carried out. However, if no legal claim is established against the spy, they are sent back to their homeland. Moreover, Muslims are permitted to prevent an enemy spy from returning to their own territory. <br /> === Torture of Spies and the Validity of Confession Under Torture ===<br /> Regarding the discussion of torturing spies and the validity of confessions obtained under torture, the author presents two viewpoints: one permitting and the other prohibiting torture, as well as rejecting the validity of confessions made under duress. The proponents and their reasoning for each stance are also discussed. <br /> Under the section titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &quot;Views of Shia Jurists&quot; and &quot;Views of Sunni Jurists,&quot; the opinions of some scholars from are presented.<br /> In the end, the author concludes that torturing someone to force a confession from them is unlawful. Such an act constitutes a form of domination or authority over another person, and the basic principle is that no one has authority over another, except when justified by a valid reason (such as necessity or public interest). <br /> == Intelligence Gathering for the Benefit of Islam and the Islamic System ==<br /> In this section, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each:<br /> In this section, the author presents three Quranic verses and eight narrations, offering his analysis of each:<br /> 1. [[Surah Al-Hujurat, verse 12]]: The conclusion is that the verse addresses spying for the benefit of disbelievers or, at the very least, in matters of individual and social affairs. The verse forbids investigating hidden matters and faults.<br /> 2. [[Surah An-Nur, verse 19]]: The conclusion is that this verse does not relate to Intelligence Gathering or have any direct connection to the topic.<br /> 3. [[Surah Al-Anfal, verse 27]]: <br /> <br /> - The context of the verse is debated:<br /> <br /> 1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.<br /> <br /> 2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.<br /> <br /> 3. The story of Abu Lubaba during the war with Banu Qurayza.<br /> <br /> Based on the first and third explanations, the verse is related to the prohibition of Intelligence Gathering. However, the second explanation pertains more to the prohibition of spreading and disclosing secrets, which may not be entirely relevant to Intelligence Gathering.<br /> == Supplementary Discussions ==<br /> ====Juridical or Subject-Specific Exception?====<br /> Is Intelligence Gathering for the benefit of the Islamic system and national security considered unlawful? If it is not prohibited, is the exception due to a juridical or subject-specific exemption?<br /> The author, in response to this question, writes that contrary to his earlier view, this type of Intelligence Gathering falls under a juridical exemption, not a subject-specific one. In fact, this type of Intelligence Gathering still constitutes a form of prohibited Intelligence Gathering. In this type of Intelligence Gathering, expediency merely is not sufficient to lift the prohibition; a stronger expediency must exist because, in cases of conflict, the more important takes precedence (similar to the case of not executing a coerced murderer or exceptions to gossip). Intelligence Gathering is prohibited, but the preservation of the [Islamic] system is obligatory, and in the presence of conflict and the prioritization of the more significant matter, Intelligence Gathering is permissible; thus, the exemption here is judicial in nature. However, some instances of Intelligence Gathering have a subjective exemption; for example, if they do not fall under the category of probing into the faults of others (such as polling public satisfaction regarding the government) or if they do not involve uncovering hidden matters, like when a person openly commits a sin and does not conceal their wrongdoing.<br /> ==== The Use of Spies in the Lives of the Infallibles ====<br /> To prove the appropriateness and necessity of this practice, the author presents eight historical and narrational examples from the lives of the Infallibles. These instances demonstrate either direct involvement in Intelligence Gathering, or sending of spies or approval of spy operations. Any objections to these texts do not pose a problem, as their abundance has reached the level of certainty, confirming that some of them were indeed sanctioned by the Infallibles. <br /> === Sunni Narrations on Military Affairs during the Prophet’s Time ===<br /> In this section, the author lists fifteen narrations that show how the Prophet (PBUH) used intelligence provided by others about enemy movements during wars and different circumstances, or how he himself ordered Intelligence Gathering. The author highlights the narration from Ibn Hisham as one of the most significant examples. This narration refers to when the Quraysh abandoned their siege of Medina and retreated toward Mecca. The Prophet (PBUH) instructed Imam Ali (A.S) to spy on them to ensure their intentions. The Prophet told Imam Ali: “If they are riding camels and their horses are loose, they are headed for Mecca. But if they are riding horses and their camels are untied, they intend to return and attack.” This is because the Infallible (the Prophet) orders Intelligence Gathering, and another Infallible (Imam Ali) is tasked with spying.<br /> Furthermore, the author believes that the narration from Ibn Sa'd (in the expedition of Usamah ibn Zayd ibn Harithah, the Messenger of God instructed Usamah: “Take guides with you and send out spies ahead of you”) conveys a meaning that goes beyond mere permissibility of Intelligence Gathering; it indicates its obligation.<br /> ====The Role of Arif and Naqib====<br /> In the fifth section of the book, the author discusses the terms Arif and Naqib, beginning with their linguistic meanings. The word Naqb refers to searching for secrets and hidden information, and a Naqib was someone in charge of a tribe who was knowledgeable about its affairs and of the means to recognize them. The Arif, on the other hand, was a person responsible for the affairs of a group or tribe, aware of their conditions, but of a lower status than the cheif. The author also references a hadith from Imam Ali (A.S.) where Arraf with a particular pronunciation refers to an astronomer or priest.<br /> The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Intelligence Gathering. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Intelligence Gathering and inquiry is acceptable. <br /> ====Committing Forbidden Acts during Intelligence Gathering====<br /> In the sixth section of the book, the author raises a key question: “If Intelligence Gathering requires committing forbidden acts, is it permissible to engage in them?” The author notes that it has been stated that if the only available means is a forbidden act, then engaging in such acts can be justified based on certain evidences and texts. He then presents these evidences and critiques them.<br /> ==Notes on the Book==<br /> {{column|3}}<br /> # The book is a transcription of Najm al-Din Tabasi’s advanced jurisprudence class (Dars-e-Kharij), penned by one of his students. Perhaps for this reason, various side discussions and unrelated topics are frequently raised throughout the book. In different sections, the author digresses from the main topic into secondary discussions as deemed appropriate. For instance, while narrating a tradition from Tabarsi’s works, the author critiques the last part of the narration that states, &quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: 'Do whatever you wish, for I have forgiven you'&quot; (p. 39). He then brings in Allama Tabatabai’s response to this objection, which takes up about seven pages of the book. Additionally, the author introduces discussions on the narrators (rijal) whenever names of individuals are mentioned, which seems unnecessary. Similarly, when discussing the chain of narrators for one tradition, a biographical discussion is initiated due Nofali being accused of extremism (ghuluw), leading to a lengthy discussion on the Qom scholars’ view on extremism, followed by criticisms of their stance (pp. 88–93).<br /> # The presence of these tangential discussions disrupts the cohesion of the book, leaving the reader with a less structured and consistent narrative. As a result, the flow of the discussion is sometimes lost, and the reader may occasionally feel that the discussion lacks a clear conclusion.<br /> # In many instances, the author could have included topics that are less relevant to the main discussion as footnotes or endnotes instead of integrating them into the main text.<br /> # The author, in discussing the first verse concerning the permissibility of espionage for the benefit of Islam and the Islamic system, argues that the verse on espionage is not general but specifically refers to espionage benefiting the enemy. He interprets &quot;suspicion&quot; in the verse to mean acting on and avoiding backbiting and slander (which do not benefit Muslims), thus restricting the prohibition of espionage to cases that do not benefit Muslims. Therefore, no conflict arises here, as this matter is categorically excluded, and from the outset, espionage for the benefit of Muslims is not included in the type of espionage that the verse addresses; rather, it is specifically excluded and is not prohibited, so no conflict occurs (p. 133). Here, in addition to the reasoning seeming inadequate, the author later states that contrary to our previous opinion, it appears that the exception is a juridical one, not a subjective one. In fact, this type of espionage is one of the instances of prohibited espionage (p. 157).<br /> # In discussing the torture of spies and the validity of confessions obtained under torture, the author refers to two narrations that were related to cases where someone was concealing information; however, it seems that the narrations generally prohibit torture. However, he concludes that narrations prohibiting torture are absolute and, based on this, deduces that torture for extracting confessions from spies is forbidden. <br /> # None of the ten narrations in the section titled &quot;Additional General Narrations on Torture&quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.<br /> # The author could have integrated the discussion on Arif and Naqib under the broader section on narrational evidence regarding espionage. Similarly, the topic of committing forbidden acts during espionage could have been treated as a subsidiary issue within the legal rulings on espionage, rather than being assigned separate chapters or sections.<br /> {{end}}<br /> [[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]<br /> [[category:Books by Najm al-Din Tabasi]]<br /> [[Category:Bibliography Articles]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&diff=2755 2026-05-12T15:20:51Z

<p>Sarfipour: </p> <hr /> <div>{{infobox book<br /> | title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg<br /> | caption = &lt;!-- Add caption for the image --&gt;<br /> | other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī<br /> | main title = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | author = Mohammad Javad Asadi<br /> | date of writing = 2021<br /> | subject = Espionage, Counter-espionage, Islamic Jurisprudence<br /> | style = Analytical, Jurisprudential<br /> | language = Persian<br /> | main language = Persian<br /> | editor = &lt;!-- Add editor name if available --&gt;<br /> | textual editing = &lt;!-- Add textual editing details if relevant --&gt;<br /> | with the efforts of = &lt;!-- Add contributors if relevant --&gt;<br /> | collection = &lt;!-- Add collection name if available --&gt;<br /> | illustrator = &lt;!-- Add illustrator name if available --&gt;<br /> | cover designer = &lt;!-- Add cover designer name if available --&gt;<br /> | volumes = 1<br /> | pages = 400<br /> | size = &lt;!-- Specify dimensions if known --&gt;<br /> | translations = &lt;!-- Add translation details if available --&gt;<br /> | publisher = Islamic Research Institute for Culture and Thought<br /> | publication place = Tehran, Iran<br /> | publication date = 2021 (1st Edition)<br /> | printing = 1st Edition<br /> | print run = &lt;!-- Add print run details if available --&gt;<br /> | isbn = &lt;!-- Add ISBN number if available --&gt;<br /> | media type = Print<br /> | publisher website = &lt;!-- Add publisher website URL --&gt;<br /> | english name = Jurisprudential Foundations of Espionage and Counter-Espionage<br /> | translator = &lt;!-- Add translator name if available --&gt;<br /> | publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)<br /> | electronic version= &lt;!-- Add link to electronic version if available --&gt;<br /> | other volumes = &lt;!-- Add details of other volumes if available --&gt;<br /> }}<br /> {{Author<br /> |author = Mostafa haghanifazl<br /> |author2 = <br /> |author3 = <br /> |compiler = <br /> |editor1 = <br /> |editor2 = <br /> |editor3 = <br /> }} <br /> * '''abstract'''<br /> The book The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%A8%D8%A7%D9%86%DB%8C_%D9%81%D9%82%D9%87%DB%8C_%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_%D9%88_%D8%B6%D8%AF%D8%AC%D8%A7%D8%B3%D9%88%D8%B3%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مبانی فقهی جاسوسی و ضدجاسوسی]) is a summary and compilation of the jurisprudential discussions by Shaykh [[Najm al-Din Tabasi]] at the Islamic seminary in Qom. This work was printed and published after being reviewed and corrected by him. In this book, jurisprudential discussions regarding Intelligence Gathering are presented in five sections. The author uses Quranic verses, narrations, and historical texts to present and analyze the different aspects of Intelligence Gathering. After defining and categorizing various types of Intelligence Gathering, the author proceeds to detail the ruling (hukm) for each category. Throughout the main discussion, related secondary issues concerning Intelligence Gathering have also been addressed.<br /> == A Brief Look at the Book ==<br /> The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering, authored by [[Najm al-Din Moravveji Tabasi]], is a scholarly work within the domain of political jurisprudence. It was published in collaboration with Markaz e-Takhasussi e-Aimmah al-Athar (A). This book is a transcript and compilation of the jurisprudential discussions by Shaykh Najm al-Din Tabasi at the Islamic seminary in Qom, which has been published after his review and revision. This work aims to study the rulings regarding Intelligence Gathering — which has been categorized into several types in the text — through an examination of relevant narrations and the legal rulings of jurists from both sects (Shia and Sunni), along with issues related to it. These issues include matters such as committing unlawful acts for the purpose of Intelligence Gathering, the status of agreements and granting protection to spies, torturing spies, extracting confessions from them, and interpreting the legitimacy of Intelligence Gathering based on narrations concerning the appointment of an Arif (a recognized leader or expert in a community) and Naqib (a representative or head of a tribe).<br /> === About the Author ===<br /> Najm al-Din Maruji Tabasi (born 1334 SH ) is a professor of Dars al-Kharij (advanced studies in Islamic jurisprudence) at the Islamic seminary of Qom. He has authored over 27 works, some of which adopt a jurisprudential approach. His notable works include:<br /> - Al-Dirasat al-Fiqhiyya fi Masa'il Khilafiyya (Jurisprudential Studies on Controversial Issues)<br /> - Al-Zawaj al-Muwaqqat 'inda al-Sahaba wa al-Tabi'in (Temporary Marriage Among the Companions and Followers)<br /> - Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid'a (Excommunication Between Tradition and Innovation)<br /> - Tab’id dar Islam (Exile in Islam)<br /> - Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)<br /> - Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Rulings)<br /> == Structure of the Book ==<br /> The book The Jurisprudential Foundations of Intelligence Gathering and Counter- Intelligence Gathering is organized into five sections (maqām), with each section further divided into chapters, depending on the depth of the discussion, and presenting various topics.<br /> First Section: The Meaning of Intelligence Gathering <br /> In this section, the linguistic and terminological meanings of Intelligence Gathering are examined.<br /> <br /> Second Section: Types of Intelligence Gathering and Spies<br /> Here, the author categorizes Intelligence Gathering into five types and classifies spies into two categories.<br /> <br /> Third Section: The Ruling on Intelligence Gathering<br /> This section is presented in two chapters:<br /> 1. Intelligence Gathering benefiting disbelief (kufr) and in its interests.<br /> 2. Intelligence Gathering benefiting Islam and the Islamic government.<br /> The first chapter includes three discussions:<br /> <br /> a) The ruling on a Muslim spy according to the fatwas of Shia jurists.<br /> <br /> b) The perspectives of Sunni jurists.<br /> <br /> c) The jurisprudential evidence for the ruling.<br /> <br /> Fourth Section: On Arif and Naqib<br /> Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Intelligence Gathering?<br /> <br /> Fifth Section: Committing Prohibited Acts During Intelligence Gathering<br /> Is it permissible to commit sinful acts in the process of Intelligence Gathering?<br /> == Meaning and Types of Intelligence Gathering ==<br /> In the first section, the author discusses the linguistic meaning of Tajassus ( Intelligence Gathering) using various lexical sources. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.<br /> In the second section, Intelligence Gathering is classified based on its benefit or lack thereof:<br /> 1. Investigating personal affairs without any rational motivation (i.e., meddling).<br /> 2. Intelligence Gathering driven by corrupt intentions.<br /> 3. Intelligence Gathering with a rational and legitimate purpose.<br /> The third category is further divided into:<br /> <br /> a) Intelligence Gathering for a necessary purpose, such as preserving the Islamic government.<br /> <br /> b) Intelligence Gathering for a commendable purpose, such as identifying qualified individuals.<br /> <br /> Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant):<br /> 1. Spies working in favor of the enemies of Islam.<br /> 2. Spies working in favor of the Islamic state. <br /> ==Intelligence Gathering Benefiting Disbelief (Kufr)==<br /> === The Ruling on a Muslim Spy ===<br /> In this section, the author discusses the ruling on a Muslim spy under three main headings. <br /> 1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to execution. However, some contemporary scholars have ruled for the death penalty in cases where Intelligence Gathering is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).<br /> <br /> 2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, execution, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.<br /> <br /> 3. Jurisprudential Evidence: The author presents five pieces of evidence:<br /> <br /> - Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam). <br /> <br /> - A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the execution of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.<br /> <br /> - A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Intelligence Gathering.<br /> In the first three evidences, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable evidence to justify the execution of a Muslim spy. Based on the principle of precaution and available evidence, he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).<br /> Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Intelligence Gathering, and another where the person converted to Islam after committing Intelligence Gathering. In both cases, he finds the narration insufficient to justify execution.<br /> As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Intelligence Gathering, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the rulings of Shia jurists.<br /> === Ruling on a Non-Muslim Spy ===<br /> There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the execution of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal rulings, and they are included in the book mainly to provide a comprehensive discussion.<br /> The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is execution. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a confession.<br /> ==== The Dhimmi Spy and the Musta'min Spy ====<br /> In the context of non-Muslim spies, the author explores two jurisprudential branches:<br /> a) Does Intelligence Gathering violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: <br /> 1. Intelligence Gathering immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected. <br /> 2. It depends on the terms of the Dhimmah agreement. If refraining from Intelligence Gathering is one of the conditions, then their blood is forfeit. However, the conditions of the Dhimmah contract are not fixed, meaning that the ruler, based on his discretion, can add or remove certain conditions.<br /> The author also refers to various Sunni opinions, including execution or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: &quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&quot;<br /> <br /> b) The Ruling on a Mu'ahid or Musta'min Spy<br /> <br /> The ruling on a spy who is a treaty-holder (Mu'ahid) or a person under temporary protection (Musta'min), someone who enters Islamic lands under a protection agreement but not to reside there permanently:<br /> In this section, the author presents the views of Shia scholars, who state that if the Imam finds that the spy has committed an offense punishable by hudud (legal punishment) or ta'zir (discretionary punishment), the appropriate punishment is carried out. However, if no legal claim is established against the spy, they are sent back to their homeland. Moreover, Muslims are permitted to prevent an enemy spy from returning to their own territory. <br /> === Torture of Spies and the Validity of Confession Under Torture ===<br /> Regarding the discussion of torturing spies and the validity of confessions obtained under torture, the author presents two viewpoints: one permitting and the other prohibiting torture, as well as rejecting the validity of confessions made under duress. The proponents and their reasoning for each stance are also discussed. <br /> Under the section titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &quot;Views of Shia Jurists&quot; and &quot;Views of Sunni Jurists,&quot; the opinions of some scholars from are presented.<br /> In the end, the author concludes that torturing someone to force a confession from them is unlawful. Such an act constitutes a form of domination or authority over another person, and the basic principle is that no one has authority over another, except when justified by a valid reason (such as necessity or public interest). <br /> == Intelligence Gathering for the Benefit of Islam and the Islamic System ==<br /> In this section, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each:<br /> In this section, the author presents three Quranic verses and eight narrations, offering his analysis of each:<br /> 1. [[Surah Al-Hujurat, verse 12]]: The conclusion is that the verse addresses spying for the benefit of disbelievers or, at the very least, in matters of individual and social affairs. The verse forbids investigating hidden matters and faults.<br /> 2. [[Surah An-Nur, verse 19]]: The conclusion is that this verse does not relate to Intelligence Gathering or have any direct connection to the topic.<br /> 3. [[Surah Al-Anfal, verse 27]]: <br /> <br /> - The context of the verse is debated:<br /> <br /> 1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.<br /> <br /> 2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.<br /> <br /> 3. The story of Abu Lubaba during the war with Banu Qurayza.<br /> <br /> Based on the first and third explanations, the verse is related to the prohibition of Intelligence Gathering. However, the second explanation pertains more to the prohibition of spreading and disclosing secrets, which may not be entirely relevant to Intelligence Gathering.<br /> == Supplementary Discussions ==<br /> ====Juridical or Subject-Specific Exception?====<br /> Is Intelligence Gathering for the benefit of the Islamic system and national security considered unlawful? If it is not prohibited, is the exception due to a juridical or subject-specific exemption?<br /> The author, in response to this question, writes that contrary to his earlier view, this type of Intelligence Gathering falls under a juridical exemption, not a subject-specific one. In fact, this type of Intelligence Gathering still constitutes a form of prohibited Intelligence Gathering. In this type of Intelligence Gathering, expediency merely is not sufficient to lift the prohibition; a stronger expediency must exist because, in cases of conflict, the more important takes precedence (similar to the case of not executing a coerced murderer or exceptions to gossip). Intelligence Gathering is prohibited, but the preservation of the [Islamic] system is obligatory, and in the presence of conflict and the prioritization of the more significant matter, Intelligence Gathering is permissible; thus, the exemption here is judicial in nature. However, some instances of Intelligence Gathering have a subjective exemption; for example, if they do not fall under the category of probing into the faults of others (such as polling public satisfaction regarding the government) or if they do not involve uncovering hidden matters, like when a person openly commits a sin and does not conceal their wrongdoing.<br /> ==== The Use of Spies in the Lives of the Infallibles ====<br /> To prove the appropriateness and necessity of this practice, the author presents eight historical and narrational examples from the lives of the Infallibles. These instances demonstrate either direct involvement in Intelligence Gathering, or sending of spies or approval of spy operations. Any objections to these texts do not pose a problem, as their abundance has reached the level of certainty, confirming that some of them were indeed sanctioned by the Infallibles. <br /> === Sunni Narrations on Military Affairs during the Prophet’s Time ===<br /> In this section, the author lists fifteen narrations that show how the Prophet (PBUH) used intelligence provided by others about enemy movements during wars and different circumstances, or how he himself ordered Intelligence Gathering. The author highlights the narration from Ibn Hisham as one of the most significant examples. This narration refers to when the Quraysh abandoned their siege of Medina and retreated toward Mecca. The Prophet (PBUH) instructed Imam Ali (A.S) to spy on them to ensure their intentions. The Prophet told Imam Ali: “If they are riding camels and their horses are loose, they are headed for Mecca. But if they are riding horses and their camels are untied, they intend to return and attack.” This is because the Infallible (the Prophet) orders Intelligence Gathering, and another Infallible (Imam Ali) is tasked with spying.<br /> Furthermore, the author believes that the narration from Ibn Sa'd (in the expedition of Usamah ibn Zayd ibn Harithah, the Messenger of God instructed Usamah: “Take guides with you and send out spies ahead of you”) conveys a meaning that goes beyond mere permissibility of Intelligence Gathering; it indicates its obligation.<br /> ====The Role of Arif and Naqib====<br /> In the fifth section of the book, the author discusses the terms Arif and Naqib, beginning with their linguistic meanings. The word Naqb refers to searching for secrets and hidden information, and a Naqib was someone in charge of a tribe who was knowledgeable about its affairs and of the means to recognize them. The Arif, on the other hand, was a person responsible for the affairs of a group or tribe, aware of their conditions, but of a lower status than the cheif. The author also references a hadith from Imam Ali (A.S.) where Arraf with a particular pronunciation refers to an astronomer or priest.<br /> The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Intelligence Gathering. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Intelligence Gathering and inquiry is acceptable. <br /> ====Committing Forbidden Acts during Intelligence Gathering====<br /> In the sixth section of the book, the author raises a key question: “If Intelligence Gathering requires committing forbidden acts, is it permissible to engage in them?” The author notes that it has been stated that if the only available means is a forbidden act, then engaging in such acts can be justified based on certain evidences and texts. He then presents these evidences and critiques them.<br /> ==Notes on the Book==<br /> {{column|3}}<br /> # The book is a transcription of Najm al-Din Tabasi’s advanced jurisprudence class (Dars-e-Kharij), penned by one of his students. Perhaps for this reason, various side discussions and unrelated topics are frequently raised throughout the book. In different sections, the author digresses from the main topic into secondary discussions as deemed appropriate. For instance, while narrating a tradition from Tabarsi’s works, the author critiques the last part of the narration that states, &quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: 'Do whatever you wish, for I have forgiven you'&quot; (p. 39). He then brings in Allama Tabatabai’s response to this objection, which takes up about seven pages of the book. Additionally, the author introduces discussions on the narrators (rijal) whenever names of individuals are mentioned, which seems unnecessary. Similarly, when discussing the chain of narrators for one tradition, a biographical discussion is initiated due Nofali being accused of extremism (ghuluw), leading to a lengthy discussion on the Qom scholars’ view on extremism, followed by criticisms of their stance (pp. 88–93).<br /> # The presence of these tangential discussions disrupts the cohesion of the book, leaving the reader with a less structured and consistent narrative. As a result, the flow of the discussion is sometimes lost, and the reader may occasionally feel that the discussion lacks a clear conclusion.<br /> # In many instances, the author could have included topics that are less relevant to the main discussion as footnotes or endnotes instead of integrating them into the main text.<br /> # The author, in discussing the first verse concerning the permissibility of espionage for the benefit of Islam and the Islamic system, argues that the verse on espionage is not general but specifically refers to espionage benefiting the enemy. He interprets &quot;suspicion&quot; in the verse to mean acting on and avoiding backbiting and slander (which do not benefit Muslims), thus restricting the prohibition of espionage to cases that do not benefit Muslims. Therefore, no conflict arises here, as this matter is categorically excluded, and from the outset, espionage for the benefit of Muslims is not included in the type of espionage that the verse addresses; rather, it is specifically excluded and is not prohibited, so no conflict occurs (p. 133). Here, in addition to the reasoning seeming inadequate, the author later states that contrary to our previous opinion, it appears that the exception is a juridical one, not a subjective one. In fact, this type of espionage is one of the instances of prohibited espionage (p. 157).<br /> # In discussing the torture of spies and the validity of confessions obtained under torture, the author refers to two narrations that were related to cases where someone was concealing information; however, it seems that the narrations generally prohibit torture. However, he concludes that narrations prohibiting torture are absolute and, based on this, deduces that torture for extracting confessions from spies is forbidden. <br /> # None of the ten narrations in the section titled &quot;Additional General Narrations on Torture&quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.<br /> # The author could have integrated the discussion on Arif and Naqib under the broader section on narrational evidence regarding espionage. Similarly, the topic of committing forbidden acts during espionage could have been treated as a subsidiary issue within the legal rulings on espionage, rather than being assigned separate chapters or sections.<br /> {{end}}<br /> [[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]<br /> [[category:Books by Najm al-Din Tabasi]]<br /> [[Category:Bibliography Articles]]</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&diff=2754 2026-05-12T14:57:12Z

<p>Sarfipour: /* اصطلاحات */</p> <hr /> <div>== اعلام ==<br /> === نام های خاص عربی ===<br /> <br /> * [[Abd al-Rahman al-Jaziri]]<br /> <br /> === نام کتاب ===<br /> <br /> * [[Misbah al-Fiqahah]]<br /> * Salsabil fi Usul al-Tajzi'ah wa al-I'rab<br /> <br /> ===نام‌ها===<br /> * Mousa: موسی<br /> * Mohammad Ishaq : محمداسحاق<br /> * Abolqassem: ابوالقاسم<br /> * Mohammad Sadeq: محمدصادق<br /> * Taqi: تقی<br /> * Mirza: میرزا<br /> * Javad: جواد<br /> * Mohammad Javad: محمدجواد<br /> * Lotfollah: لطف الله<br /> * Ahmad: احمد<br /> * Mohammad Baqer: محمدباقر<br /> * Mirza: میرزا<br /> * Ja'far: جعفر<br /> * Fazlollah: فضل الله<br /> * Abdolkarim: عبدالکریم<br /> ===نام‌های خانوادگی===<br /> * Fayyaz: فیاض<br /> * Musavi: موسوی<br /> * Khoei: خوئی<br /> * Rohani: روحانی<br /> * Mohaqqeq: محقق<br /> * Karaki: کرکی<br /> * Tabatabaei: طباطبائی<br /> * Qomi: قمی<br /> * Tabrizi: تبریزی<br /> * Shubairi: شبیری<br /> * Zanjani: زنجانی<br /> * Fazel: فاضل<br /> * Lankarani: لنکرانی<br /> * Safi: صافی<br /> * Golpaygani: گلپایگانی<br /> * Alidoost: علیدوست<br /> * Mulla: ملا<br /> * Naraqi: نراقی<br /> * Majlesi: مجلسی<br /> * Gilani: گیلانی<br /> * Kashfi: کشفی<br /> * Nouri: نوری<br /> * Haeri: حائری<br /> * Yazdi: یزدی<br /> * Haghighat: حقیقت<br /> <br /> == اصطلاحات ==<br /> * [[disliked (makruh)]]<br /> * no necessary connection : ملازمه منجزی<br /> * sayyid<br /> * contemporary scholars of Usul al-fiqh : فقهای اصولی<br /> * [[Maliki school]]<br /> * [[Shafi'i school]]<br /> * Advanced Jurisprudence (Kharij) : خارج فقه<br /> * the principle of interdependence: قاعده ملازمه<br /> * principle of interdependence at the macro level : قاعده ملازمه کبروی<br /> *Rational proof of innocence: برائت عقلی<br /> *Rational precaution: احتیاط عقلی<br /> *the repugnance of punishment without warning (qubh al-'iqab bila bayan)<br /> *the right of obedience (haqq al-ta'ah)<br /> *[[age of occultation (ghaybah)]]<br /> *fundamental boundaries: خطوط قرمز در اصطلاح فقهی<br /> *Istislah (public interest)<br /> *abominations and evil deeds: فحشاء و منکر<br /> *disengagement: عدم تعهد<br /> *unreliable conjecture (zann): ظن غیر معتبر<br /> *Istihsan (juristic preference): استحسان<br /> *pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف<br /> *enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Guardianship (Wilayah)<br /> *non-litigious matters (al-omour al-hesbiah)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Ijtihad: اجتهاد<br /> *[[rule of the bed (qā'idat al-firāsh)]] : قاعده فراش<br /> *'''Artificial Procreation: انجاب/تولید مثل'''<br /> *Common Religious Consciousness: ارتکاز<br /> *Declaratory Law: حکم تکلیفی<br /> *Unrelated individual person/ Non-mahram: نامحرم<br /> *scenario: فرض (فقهی)<br /> *prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود<br /> *Coitus: نزدیکی جنسی <br /> *IVF: لقاح خارج از رحم<br /> *The Principle of Precaution: اصالة الاحتیاط<br /> *Recipient (Gestational mother): صاحب رحم<br /> *Transplantation: پیوند (اعضای بدن)<br /> *Rational purpose: غرض عقلایی<br /> *Undue hardship: حرج<br /> *Consummated marriage: زنی که با او نزدیکی شده<br /> *Marital prohibitions (''Mahramiyah''): حرمت نکاح<br /> *Ensoulment (''Nafkh al-Rūḥ''): ولوج روح<br /> *Quranic Deduction: استنباط از قرآن<br /> *Provenance: صدور<br /> *Semantical: دلالت<br /> *Conventional language: زبان عرفی<br /> *The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت<br /> *Evolutionary nature of knowledge: تکمیل معرفت بشری<br /> *Intellect: عقل در اصطلاح فقهی<br /> *scholar: روحانی، آخوند<br /> *Biographical Evaluation: رجال<br /> *Guardianship of the Jurist: ولایت فقیه<br /> *Inerrancy: عصمت<br /> *The Infallibles: معصومین<br /> *Apprehended Significance: دلالت تصوری<br /> *Preferability: ارجحیت<br /> *Variable Rulings: احکام متغیر<br /> *Superseded or rendered void: حکمی که دیگر کارکرد ندارد<br /> *Traditionalist Jurisprudence: فقه سنتی<br /> *Teleological: غایت گرا<br /> *State-centric Jurisprudence: فقه حکومتی<br /> *Legal Derivation: استنباط احکام<br /> *Laypeople: مقلد<br /> *Solitary Tradition: خبر واحد<br /> *Forbidden Medicaments: درمان با محرمات<br /> *Jurisprudential Inquiries: استفتائات<br /> *Medical Screening: غربالگری<br /> *Civil Liability: ضمان قهری<br /> *State of Necessity: قاعده الضرورات تبیح المحظورات<br /> *Inebriants: مسکرات<br /> *Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه<br /> *The Public Treasury: بیت المال<br /> *Violation of Professional Oaths: نقض قسم<br /> *Illicit Enrichment: اکل مال به باطل<br /> *Rule of Liability: قاعده ضمان<br /> *Direct Skin-to-Skin Contact: لمس بدون واسطه<br /> *Legal Incompetents: فرد محجور<br /> *Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی<br /> *Emergent Jurisprudential Issues: مسائل مستحدثه<br /> *The Practice of the Religious Community: سیره متشرعه<br /> *Linguistic Principles: اصول لفظیه<br /> *Practical Principles: اصول عملیه<br /> *Juridical Consensus: اجماع فقهی<br /> *General Evidences: قواعد عام فقهی<br /> *Legal Presumption: اصل (در مقام شک)<br /> *Gender Intermixing: اختلاط زن و مرد<br /> *Inherent Dignity: کرامت انسانی<br /> *Financial Maintenance: نفقه<br /> *The Conduct of the Rational: سیره عقلاء<br /> *Divine Revelation: وحی<br /> *The Major Occultation: عصر غیبت<br /> *The Scripture and Tradition: کتاب و سنت<br /> *Tacit Approval: تقریر<br /> *Non-Textual Proofs: ادله لبیه<br /> *The Normative Consciousness of the Devout: ارتکاز متشرعه<br /> *Evidence-Based Consensus: اجماع مدرکی<br /> *Masculinity: شرط ذکورت<br /> *The Preliminary to a Prohibited Act: مقدمه حرام<br /> *The Minimum Certainty: قدر متیقن<br /> *A Fortiori Argument: قیاس اولویت<br /> *Indefinite Noun: نکره در سیاق اثبات<br /> <br /> == الگوهای دانشنامه ==<br /> * This category is created for articles related to [Name of the Person].</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&diff=2753 2026-05-12T14:41:20Z

<p>Sarfipour: /* اصطلاحات */</p> <hr /> <div>== اعلام ==<br /> === نام های خاص عربی ===<br /> <br /> * [[Abd al-Rahman al-Jaziri]]<br /> <br /> === نام کتاب ===<br /> <br /> * [[Misbah al-Fiqahah]]<br /> * Salsabil fi Usul al-Tajzi'ah wa al-I'rab<br /> <br /> ===نام‌ها===<br /> * Mousa: موسی<br /> * Mohammad Ishaq : محمداسحاق<br /> * Abolqassem: ابوالقاسم<br /> * Mohammad Sadeq: محمدصادق<br /> * Taqi: تقی<br /> * Mirza: میرزا<br /> * Javad: جواد<br /> * Mohammad Javad: محمدجواد<br /> * Lotfollah: لطف الله<br /> * Ahmad: احمد<br /> * Mohammad Baqer: محمدباقر<br /> * Mirza: میرزا<br /> * Ja'far: جعفر<br /> * Fazlollah: فضل الله<br /> * Abdolkarim: عبدالکریم<br /> ===نام‌های خانوادگی===<br /> * Fayyaz: فیاض<br /> * Musavi: موسوی<br /> * Khoei: خوئی<br /> * Rohani: روحانی<br /> * Mohaqqeq: محقق<br /> * Karaki: کرکی<br /> * Tabatabaei: طباطبائی<br /> * Qomi: قمی<br /> * Tabrizi: تبریزی<br /> * Shubairi: شبیری<br /> * Zanjani: زنجانی<br /> * Fazel: فاضل<br /> * Lankarani: لنکرانی<br /> * Safi: صافی<br /> * Golpaygani: گلپایگانی<br /> * Alidoost: علیدوست<br /> * Mulla: ملا<br /> * Naraqi: نراقی<br /> * Majlesi: مجلسی<br /> * Gilani: گیلانی<br /> * Kashfi: کشفی<br /> * Nouri: نوری<br /> * Haeri: حائری<br /> * Yazdi: یزدی<br /> * Haghighat: حقیقت<br /> <br /> == اصطلاحات ==<br /> * [[disliked (makruh)]]<br /> * no necessary connection : ملازمه منجزی<br /> * sayyid<br /> * contemporary scholars of Usul al-fiqh : فقهای اصولی<br /> * [[Maliki school]]<br /> * [[Shafi'i school]]<br /> * Advanced Jurisprudence (Kharij) : خارج فقه<br /> * the principle of interdependence: قاعده ملازمه<br /> * principle of interdependence at the macro level : قاعده ملازمه کبروی<br /> *Rational proof of innocence: برائت عقلی<br /> *Rational precaution: احتیاط عقلی<br /> *the repugnance of punishment without warning (qubh al-'iqab bila bayan)<br /> *the right of obedience (haqq al-ta'ah)<br /> *[[age of occultation (ghaybah)]]<br /> *fundamental boundaries: خطوط قرمز در اصطلاح فقهی<br /> *Istislah (public interest)<br /> *abominations and evil deeds: فحشاء و منکر<br /> *disengagement: عدم تعهد<br /> *unreliable conjecture (zann): ظن غیر معتبر<br /> *Istihsan (juristic preference): استحسان<br /> *pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف<br /> *enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Guardianship (Wilayah)<br /> *non-litigious matters (al-omour al-hesbiah)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Ijtihad: اجتهاد<br /> *[[rule of the bed (qā'idat al-firāsh)]] : قاعده فراش<br /> *'''Artificial Procreation: انجاب/تولید مثل'''<br /> *Common Religious Consciousness: ارتکاز<br /> *Declaratory Law: حکم تکلیفی<br /> *Unrelated individual person/ Non-mahram: نامحرم<br /> *scenario: فرض (فقهی)<br /> *prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود<br /> *Coitus: نزدیکی جنسی <br /> *IVF: لقاح خارج از رحم<br /> *The Principle of Precaution: اصالة الاحتیاط<br /> *Recipient (Gestational mother): صاحب رحم<br /> *Transplantation: پیوند (اعضای بدن)<br /> *Rational purpose: غرض عقلایی<br /> *Undue hardship: حرج<br /> *Consummated marriage: زنی که با او نزدیکی شده<br /> *Marital prohibitions (''Mahramiyah''): حرمت نکاح<br /> *Ensoulment (''Nafkh al-Rūḥ''): ولوج روح<br /> *Quranic Deduction: استنباط از قرآن<br /> *Provenance: صدور<br /> *Semantical: دلالت<br /> *Conventional language: زبان عرفی<br /> *The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت<br /> *Evolutionary nature of knowledge: تکمیل معرفت بشری<br /> *Intellect: عقل در اصطلاح فقهی<br /> *scholar: روحانی، آخوند<br /> *Biographical Evaluation: رجال<br /> *Guardianship of the Jurist: ولایت فقیه<br /> *Inerrancy: عصمت<br /> *The Infallibles: معصومین<br /> *Apprehended Significance: دلالت تصوری<br /> *Preferability: ارجحیت<br /> *Variable Rulings: احکام متغیر<br /> *Superseded or rendered void: حکمی که دیگر کارکرد ندارد<br /> *Traditionalist Jurisprudence: فقه سنتی<br /> *Teleological: غایت گرا<br /> *State-centric Jurisprudence: فقه حکومتی<br /> *Legal Derivation: استنباط احکام<br /> *Laypeople: مقلد<br /> *Solitary Tradition: خبر واحد<br /> *Forbidden Medicaments: درمان با محرمات<br /> *Jurisprudential Inquiries: استفتائات<br /> *Medical Screening: غربالگری<br /> *Civil Liability: ضمان قهری<br /> *State of Necessity: قاعده الضرورات تبیح المحظورات<br /> *Inebriants: مسکرات<br /> *Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه<br /> *The Public Treasury: بیت المال<br /> *Violation of Professional Oaths: نقض قسم<br /> *Illicit Enrichment: اکل مال به باطل<br /> *Rule of Liability: قاعده ضمان<br /> *Direct Skin-to-Skin Contact: لمس بدون واسطه<br /> *Legal Incompetents: فرد محجور<br /> *Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی<br /> *Emergent Jurisprudential Issues: مسائل مستحدثه<br /> *The Practice of the Religious Community: سیره متشرعه<br /> *Linguistic Principles: اصول لفظیه<br /> *Practical Principles: اصول عملیه<br /> *Juridical Consensus: اجماع فقهی<br /> *General Evidences: قواعد عام فقهی<br /> *Legal Presumption: اصل (در مقام شک)<br /> *Gender Intermixing: اختلاط زن و مرد<br /> *Inherent Dignity: کرامت انسانی<br /> *Financial Maintenance: نفقه<br /> *The Conduct of the Rational: سیره عقلاء<br /> *Divine Revelation: وحی<br /> *The Major Occultation: عصر غیبت<br /> *The Scripture and Tradition: کتاب و سنت<br /> *Tacit Approval: تقریر<br /> *Non-Textual Proofs: ادله لبیه<br /> *The Normative Consciousness of the Devout: ارتکاز متشرعه<br /> *Evidence-Based Consensus: اجماع مدرکی<br /> *Masculinity: شرط ذکورت<br /> *The Preliminary to a Prohibited Act: مقدمه حرام<br /> *The Minimum Certainty: قدر متیقن<br /> *A Fortiori Argument: قیاس اولویت<br /> <br /> == الگوهای دانشنامه ==<br /> * This category is created for articles related to [Name of the Person].</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&diff=2752 2026-05-12T14:13:42Z

<p>Sarfipour: /* اصطلاحات */</p> <hr /> <div>== اعلام ==<br /> === نام های خاص عربی ===<br /> <br /> * [[Abd al-Rahman al-Jaziri]]<br /> <br /> === نام کتاب ===<br /> <br /> * [[Misbah al-Fiqahah]]<br /> * Salsabil fi Usul al-Tajzi'ah wa al-I'rab<br /> <br /> ===نام‌ها===<br /> * Mousa: موسی<br /> * Mohammad Ishaq : محمداسحاق<br /> * Abolqassem: ابوالقاسم<br /> * Mohammad Sadeq: محمدصادق<br /> * Taqi: تقی<br /> * Mirza: میرزا<br /> * Javad: جواد<br /> * Mohammad Javad: محمدجواد<br /> * Lotfollah: لطف الله<br /> * Ahmad: احمد<br /> * Mohammad Baqer: محمدباقر<br /> * Mirza: میرزا<br /> * Ja'far: جعفر<br /> * Fazlollah: فضل الله<br /> * Abdolkarim: عبدالکریم<br /> ===نام‌های خانوادگی===<br /> * Fayyaz: فیاض<br /> * Musavi: موسوی<br /> * Khoei: خوئی<br /> * Rohani: روحانی<br /> * Mohaqqeq: محقق<br /> * Karaki: کرکی<br /> * Tabatabaei: طباطبائی<br /> * Qomi: قمی<br /> * Tabrizi: تبریزی<br /> * Shubairi: شبیری<br /> * Zanjani: زنجانی<br /> * Fazel: فاضل<br /> * Lankarani: لنکرانی<br /> * Safi: صافی<br /> * Golpaygani: گلپایگانی<br /> * Alidoost: علیدوست<br /> * Mulla: ملا<br /> * Naraqi: نراقی<br /> * Majlesi: مجلسی<br /> * Gilani: گیلانی<br /> * Kashfi: کشفی<br /> * Nouri: نوری<br /> * Haeri: حائری<br /> * Yazdi: یزدی<br /> * Haghighat: حقیقت<br /> <br /> == اصطلاحات ==<br /> * [[disliked (makruh)]]<br /> * no necessary connection : ملازمه منجزی<br /> * sayyid<br /> * contemporary scholars of Usul al-fiqh : فقهای اصولی<br /> * [[Maliki school]]<br /> * [[Shafi'i school]]<br /> * Advanced Jurisprudence (Kharij) : خارج فقه<br /> * the principle of interdependence: قاعده ملازمه<br /> * principle of interdependence at the macro level : قاعده ملازمه کبروی<br /> *Rational proof of innocence: برائت عقلی<br /> *Rational precaution: احتیاط عقلی<br /> *the repugnance of punishment without warning (qubh al-'iqab bila bayan)<br /> *the right of obedience (haqq al-ta'ah)<br /> *[[age of occultation (ghaybah)]]<br /> *fundamental boundaries: خطوط قرمز در اصطلاح فقهی<br /> *Istislah (public interest)<br /> *abominations and evil deeds: فحشاء و منکر<br /> *disengagement: عدم تعهد<br /> *unreliable conjecture (zann): ظن غیر معتبر<br /> *Istihsan (juristic preference): استحسان<br /> *pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف<br /> *enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Guardianship (Wilayah)<br /> *non-litigious matters (al-omour al-hesbiah)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Ijtihad: اجتهاد<br /> *[[rule of the bed (qā'idat al-firāsh)]] : قاعده فراش<br /> *'''Artificial Procreation: انجاب/تولید مثل'''<br /> *Common Religious Consciousness: ارتکاز<br /> *Declaratory Law: حکم تکلیفی<br /> *Unrelated individual person/ Non-mahram: نامحرم<br /> *scenario: فرض (فقهی)<br /> *prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود<br /> *Coitus: نزدیکی جنسی <br /> *IVF: لقاح خارج از رحم<br /> *The Principle of Precaution: اصالة الاحتیاط<br /> *Recipient (Gestational mother): صاحب رحم<br /> *Transplantation: پیوند (اعضای بدن)<br /> *Rational purpose: غرض عقلایی<br /> *Undue hardship: حرج<br /> *Consummated marriage: زنی که با او نزدیکی شده<br /> *Marital prohibitions (''Mahramiyah''): حرمت نکاح<br /> *Ensoulment (''Nafkh al-Rūḥ''): ولوج روح<br /> *Quranic Deduction: استنباط از قرآن<br /> *Provenance: صدور<br /> *Semantical: دلالت<br /> *Conventional language: زبان عرفی<br /> *The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت<br /> *Evolutionary nature of knowledge: تکمیل معرفت بشری<br /> *Intellect: عقل در اصطلاح فقهی<br /> *scholar: روحانی، آخوند<br /> *Biographical Evaluation: رجال<br /> *Guardianship of the Jurist: ولایت فقیه<br /> *Inerrancy: عصمت<br /> *The Infallibles: معصومین<br /> *Apprehended Significance: دلالت تصوری<br /> *Preferability: ارجحیت<br /> *Variable Rulings: احکام متغیر<br /> *Superseded or rendered void: حکمی که دیگر کارکرد ندارد<br /> *Traditionalist Jurisprudence: فقه سنتی<br /> *Teleological: غایت گرا<br /> *State-centric Jurisprudence: فقه حکومتی<br /> *Legal Derivation: استنباط احکام<br /> *Laypeople: مقلد<br /> *Solitary Tradition: خبر واحد<br /> *Forbidden Medicaments: درمان با محرمات<br /> *Jurisprudential Inquiries: استفتائات<br /> *Medical Screening: غربالگری<br /> *Civil Liability: ضمان قهری<br /> *State of Necessity: قاعده الضرورات تبیح المحظورات<br /> *Inebriants: مسکرات<br /> *Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه<br /> *The Public Treasury: بیت المال<br /> *Violation of Professional Oaths: نقض قسم<br /> *Illicit Enrichment: اکل مال به باطل<br /> *Rule of Liability: قاعده ضمان<br /> *Direct Skin-to-Skin Contact: لمس بدون واسطه<br /> *Legal Incompetents: فرد محجور<br /> *Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی<br /> *Emergent Jurisprudential Issues: مسائل مستحدثه<br /> *The Practice of the Religious Community: سیره متشرعه<br /> *Linguistic Principles: اصول لفظیه<br /> *Practical Principles: اصول عملیه<br /> *Juridical Consensus: اجماع فقهی<br /> *General Evidences: قواعد عام فقهی<br /> *Legal Presumption: اصل (در مقام شک)<br /> *Gender Intermixing: اختلاط زن و مرد<br /> *Inherent Dignity: کرامت انسانی<br /> *Financial Maintenance: نفقه<br /> *The Conduct of the Rational: سیره عقلاء<br /> *Divine Revelation: وحی<br /> *The Major Occultation: عصر غیبت<br /> *The Scripture and Tradition: کتاب و سنت<br /> *Tacit Approval: تقریر<br /> *Non-Textual Proofs: ادله لبیه<br /> *The Normative Consciousness of the Devout: ارتکاز متشرعه<br /> *Evidence-Based Consensus: اجماع مدرکی<br /> *Masculinity: شرط ذکورت<br /> *The Preliminary to a Prohibited Act: مقدمه حرام<br /> *The Minimum Certainty: قدر متیقن<br /> <br /> == الگوهای دانشنامه ==<br /> * This category is created for articles related to [Name of the Person].</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&diff=2751 2026-05-12T10:44:38Z

<p>Sarfipour: /* اصطلاحات */</p> <hr /> <div>== اعلام ==<br /> === نام های خاص عربی ===<br /> <br /> * [[Abd al-Rahman al-Jaziri]]<br /> <br /> === نام کتاب ===<br /> <br /> * [[Misbah al-Fiqahah]]<br /> * Salsabil fi Usul al-Tajzi'ah wa al-I'rab<br /> <br /> ===نام‌ها===<br /> * Mousa: موسی<br /> * Mohammad Ishaq : محمداسحاق<br /> * Abolqassem: ابوالقاسم<br /> * Mohammad Sadeq: محمدصادق<br /> * Taqi: تقی<br /> * Mirza: میرزا<br /> * Javad: جواد<br /> * Mohammad Javad: محمدجواد<br /> * Lotfollah: لطف الله<br /> * Ahmad: احمد<br /> * Mohammad Baqer: محمدباقر<br /> * Mirza: میرزا<br /> * Ja'far: جعفر<br /> * Fazlollah: فضل الله<br /> * Abdolkarim: عبدالکریم<br /> ===نام‌های خانوادگی===<br /> * Fayyaz: فیاض<br /> * Musavi: موسوی<br /> * Khoei: خوئی<br /> * Rohani: روحانی<br /> * Mohaqqeq: محقق<br /> * Karaki: کرکی<br /> * Tabatabaei: طباطبائی<br /> * Qomi: قمی<br /> * Tabrizi: تبریزی<br /> * Shubairi: شبیری<br /> * Zanjani: زنجانی<br /> * Fazel: فاضل<br /> * Lankarani: لنکرانی<br /> * Safi: صافی<br /> * Golpaygani: گلپایگانی<br /> * Alidoost: علیدوست<br /> * Mulla: ملا<br /> * Naraqi: نراقی<br /> * Majlesi: مجلسی<br /> * Gilani: گیلانی<br /> * Kashfi: کشفی<br /> * Nouri: نوری<br /> * Haeri: حائری<br /> * Yazdi: یزدی<br /> * Haghighat: حقیقت<br /> <br /> == اصطلاحات ==<br /> * [[disliked (makruh)]]<br /> * no necessary connection : ملازمه منجزی<br /> * sayyid<br /> * contemporary scholars of Usul al-fiqh : فقهای اصولی<br /> * [[Maliki school]]<br /> * [[Shafi'i school]]<br /> * Advanced Jurisprudence (Kharij) : خارج فقه<br /> * the principle of interdependence: قاعده ملازمه<br /> * principle of interdependence at the macro level : قاعده ملازمه کبروی<br /> *Rational proof of innocence: برائت عقلی<br /> *Rational precaution: احتیاط عقلی<br /> *the repugnance of punishment without warning (qubh al-'iqab bila bayan)<br /> *the right of obedience (haqq al-ta'ah)<br /> *[[age of occultation (ghaybah)]]<br /> *fundamental boundaries: خطوط قرمز در اصطلاح فقهی<br /> *Istislah (public interest)<br /> *abominations and evil deeds: فحشاء و منکر<br /> *disengagement: عدم تعهد<br /> *unreliable conjecture (zann): ظن غیر معتبر<br /> *Istihsan (juristic preference): استحسان<br /> *pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف<br /> *enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Guardianship (Wilayah)<br /> *non-litigious matters (al-omour al-hesbiah)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Ijtihad: اجتهاد<br /> *[[rule of the bed (qā'idat al-firāsh)]] : قاعده فراش<br /> *'''Artificial Procreation: انجاب/تولید مثل'''<br /> *Common Religious Consciousness: ارتکاز<br /> *Declaratory Law: حکم تکلیفی<br /> *Unrelated individual person/ Non-mahram: نامحرم<br /> *scenario: فرض (فقهی)<br /> *prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود<br /> *Coitus: نزدیکی جنسی <br /> *IVF: لقاح خارج از رحم<br /> *The Principle of Precaution: اصالة الاحتیاط<br /> *Recipient (Gestational mother): صاحب رحم<br /> *Transplantation: پیوند (اعضای بدن)<br /> *Rational purpose: غرض عقلایی<br /> *Undue hardship: حرج<br /> *Consummated marriage: زنی که با او نزدیکی شده<br /> *Marital prohibitions (''Mahramiyah''): حرمت نکاح<br /> *Ensoulment (''Nafkh al-Rūḥ''): ولوج روح<br /> *Quranic Deduction: استنباط از قرآن<br /> *Provenance: صدور<br /> *Semantical: دلالت<br /> *Conventional language: زبان عرفی<br /> *The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت<br /> *Evolutionary nature of knowledge: تکمیل معرفت بشری<br /> *Intellect: عقل در اصطلاح فقهی<br /> *scholar: روحانی، آخوند<br /> *Biographical Evaluation: رجال<br /> *Guardianship of the Jurist: ولایت فقیه<br /> *Inerrancy: عصمت<br /> *The Infallibles: معصومین<br /> *Apprehended Significance: دلالت تصوری<br /> *Preferability: ارجحیت<br /> *Variable Rulings: احکام متغیر<br /> *Superseded or rendered void: حکمی که دیگر کارکرد ندارد<br /> *Traditionalist Jurisprudence: فقه سنتی<br /> *Teleological: غایت گرا<br /> *State-centric Jurisprudence: فقه حکومتی<br /> *Legal Derivation: استنباط احکام<br /> *Laypeople: مقلد<br /> *Solitary Tradition: خبر واحد<br /> *Forbidden Medicaments: درمان با محرمات<br /> *Jurisprudential Inquiries: استفتائات<br /> *Medical Screening: غربالگری<br /> *Civil Liability: ضمان قهری<br /> *State of Necessity: قاعده الضرورات تبیح المحظورات<br /> *Inebriants: مسکرات<br /> *Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه<br /> *The Public Treasury: بیت المال<br /> *Violation of Professional Oaths: نقض قسم<br /> *Illicit Enrichment: اکل مال به باطل<br /> *Rule of Liability: قاعده ضمان<br /> *Direct Skin-to-Skin Contact: لمس بدون واسطه<br /> *Legal Incompetents: فرد محجور<br /> *Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی<br /> *Emergent Jurisprudential Issues: مسائل مستحدثه<br /> *The Practice of the Religious Community: سیره متشرعه<br /> *Linguistic Principles: اصول لفظیه<br /> *Practical Principles: اصول عملیه<br /> *Juridical Consensus: اجماع فقهی<br /> *General Evidences: قواعد عام فقهی<br /> *Legal Presumption: اصل (در مقام شک)<br /> *Gender Intermixing: اختلاط زن و مرد<br /> *Inherent Dignity: کرامت انسانی<br /> *Financial Maintenance: نفقه<br /> *The Conduct of the Rational: سیره عقلاء<br /> *Divine Revelation: وحی<br /> *The Major Occultation: عصر غیبت<br /> *The Scripture and Tradition: کتاب و سنت<br /> *Tacit Approval: تقریر<br /> *Non-Textual Proofs: ادله لبیه<br /> *The Normative Consciousness of the Devout: ارتکاز متشرعه<br /> *Evidence-Based Consensus: اجماع مدرکی<br /> *Masculinity: شرط ذکورت<br /> *The Preliminary to a Prohibited Act: مقدمه حرام<br /> <br /> == الگوهای دانشنامه ==<br /> * This category is created for articles related to [Name of the Person].</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&diff=2750 2026-05-12T10:42:39Z

<p>Sarfipour: /* اصطلاحات */</p> <hr /> <div>== اعلام ==<br /> === نام های خاص عربی ===<br /> <br /> * [[Abd al-Rahman al-Jaziri]]<br /> <br /> === نام کتاب ===<br /> <br /> * [[Misbah al-Fiqahah]]<br /> * Salsabil fi Usul al-Tajzi'ah wa al-I'rab<br /> <br /> ===نام‌ها===<br /> * Mousa: موسی<br /> * Mohammad Ishaq : محمداسحاق<br /> * Abolqassem: ابوالقاسم<br /> * Mohammad Sadeq: محمدصادق<br /> * Taqi: تقی<br /> * Mirza: میرزا<br /> * Javad: جواد<br /> * Mohammad Javad: محمدجواد<br /> * Lotfollah: لطف الله<br /> * Ahmad: احمد<br /> * Mohammad Baqer: محمدباقر<br /> * Mirza: میرزا<br /> * Ja'far: جعفر<br /> * Fazlollah: فضل الله<br /> * Abdolkarim: عبدالکریم<br /> ===نام‌های خانوادگی===<br /> * Fayyaz: فیاض<br /> * Musavi: موسوی<br /> * Khoei: خوئی<br /> * Rohani: روحانی<br /> * Mohaqqeq: محقق<br /> * Karaki: کرکی<br /> * Tabatabaei: طباطبائی<br /> * Qomi: قمی<br /> * Tabrizi: تبریزی<br /> * Shubairi: شبیری<br /> * Zanjani: زنجانی<br /> * Fazel: فاضل<br /> * Lankarani: لنکرانی<br /> * Safi: صافی<br /> * Golpaygani: گلپایگانی<br /> * Alidoost: علیدوست<br /> * Mulla: ملا<br /> * Naraqi: نراقی<br /> * Majlesi: مجلسی<br /> * Gilani: گیلانی<br /> * Kashfi: کشفی<br /> * Nouri: نوری<br /> * Haeri: حائری<br /> * Yazdi: یزدی<br /> * Haghighat: حقیقت<br /> <br /> == اصطلاحات ==<br /> * [[disliked (makruh)]]<br /> * no necessary connection : ملازمه منجزی<br /> * sayyid<br /> * contemporary scholars of Usul al-fiqh : فقهای اصولی<br /> * [[Maliki school]]<br /> * [[Shafi'i school]]<br /> * Advanced Jurisprudence (Kharij) : خارج فقه<br /> * the principle of interdependence: قاعده ملازمه<br /> * principle of interdependence at the macro level : قاعده ملازمه کبروی<br /> *Rational proof of innocence: برائت عقلی<br /> *Rational precaution: احتیاط عقلی<br /> *the repugnance of punishment without warning (qubh al-'iqab bila bayan)<br /> *the right of obedience (haqq al-ta'ah)<br /> *[[age of occultation (ghaybah)]]<br /> *fundamental boundaries: خطوط قرمز در اصطلاح فقهی<br /> *Istislah (public interest)<br /> *abominations and evil deeds: فحشاء و منکر<br /> *disengagement: عدم تعهد<br /> *unreliable conjecture (zann): ظن غیر معتبر<br /> *Istihsan (juristic preference): استحسان<br /> *pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف<br /> *enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Guardianship (Wilayah)<br /> *non-litigious matters (al-omour al-hesbiah)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Ijtihad: اجتهاد<br /> *[[rule of the bed (qā'idat al-firāsh)]] : قاعده فراش<br /> *'''Artificial Procreation: انجاب/تولید مثل'''<br /> *Common Religious Consciousness: ارتکاز<br /> *Declaratory Law: حکم تکلیفی<br /> *Unrelated individual person/ Non-mahram: نامحرم<br /> *scenario: فرض (فقهی)<br /> *prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود<br /> *Coitus: نزدیکی جنسی <br /> *IVF: لقاح خارج از رحم<br /> *The Principle of Precaution: اصالة الاحتیاط<br /> *Recipient (Gestational mother): صاحب رحم<br /> *Transplantation: پیوند (اعضای بدن)<br /> *Rational purpose: غرض عقلایی<br /> *Undue hardship: حرج<br /> *Consummated marriage: زنی که با او نزدیکی شده<br /> *Marital prohibitions (''Mahramiyah''): حرمت نکاح<br /> *Ensoulment (''Nafkh al-Rūḥ''): ولوج روح<br /> *Quranic Deduction: استنباط از قرآن<br /> *Provenance: صدور<br /> *Semantical: دلالت<br /> *Conventional language: زبان عرفی<br /> *The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت<br /> *Evolutionary nature of knowledge: تکمیل معرفت بشری<br /> *Intellect: عقل در اصطلاح فقهی<br /> *scholar: روحانی، آخوند<br /> *Biographical Evaluation: رجال<br /> *Guardianship of the Jurist: ولایت فقیه<br /> *Inerrancy: عصمت<br /> *The Infallibles: معصومین<br /> *Apprehended Significance: دلالت تصوری<br /> *Preferability: ارجحیت<br /> *Variable Rulings: احکام متغیر<br /> *Superseded or rendered void: حکمی که دیگر کارکرد ندارد<br /> *Traditionalist Jurisprudence: فقه سنتی<br /> *Teleological: غایت گرا<br /> *State-centric Jurisprudence: فقه حکومتی<br /> *Legal Derivation: استنباط احکام<br /> *Laypeople: مقلد<br /> *Solitary Tradition: خبر واحد<br /> *Forbidden Medicaments: درمان با محرمات<br /> *Jurisprudential Inquiries: استفتائات<br /> *Medical Screening: غربالگری<br /> *Civil Liability: ضمان قهری<br /> *State of Necessity: قاعده الضرورات تبیح المحظورات<br /> *Inebriants: مسکرات<br /> *Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه<br /> *The Public Treasury: بیت المال<br /> *Violation of Professional Oaths: نقض قسم<br /> *Illicit Enrichment: اکل مال به باطل<br /> *Rule of Liability: قاعده ضمان<br /> *Direct Skin-to-Skin Contact: لمس بدون واسطه<br /> *Legal Incompetents: فرد محجور<br /> *Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی<br /> *Emergent Jurisprudential Issues: مسائل مستحدثه<br /> *The Practice of the Religious Community: سیره متشرعه<br /> *Linguistic Principles: اصول لفظیه<br /> *Practical Principles: اصول عملیه<br /> *Juridical Consensus: اجماع فقهی<br /> *General Evidences: قواعد عام فقهی<br /> *Legal Presumption: اصل (در مقام شک)<br /> *Gender Intermixing: اختلاط زن و مرد<br /> *Inherent Dignity: کرامت انسانی<br /> *Financial Maintenance: نفقه<br /> *The Conduct of the Rational: سیره عقلاء<br /> *Divine Revelation: وحی<br /> *The Major Occultation: عصر غیبت<br /> *The Scripture and Tradition: کتاب و سنت<br /> *Tacit Approval: تقریر<br /> *Non-Textual Proofs: ادله لبیه<br /> *The Normative Consciousness of the Devout: ارتکاز متشرعه<br /> *Evidence-Based Consensus: اجماع مدرکی<br /> *Masculinity: شرط ذکورت<br /> <br /> == الگوهای دانشنامه ==<br /> * This category is created for articles related to [Name of the Person].</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&diff=2749 2026-05-12T09:55:13Z

<p>Sarfipour: /* اصطلاحات */</p> <hr /> <div>== اعلام ==<br /> === نام های خاص عربی ===<br /> <br /> * [[Abd al-Rahman al-Jaziri]]<br /> <br /> === نام کتاب ===<br /> <br /> * [[Misbah al-Fiqahah]]<br /> * Salsabil fi Usul al-Tajzi'ah wa al-I'rab<br /> <br /> ===نام‌ها===<br /> * Mousa: موسی<br /> * Mohammad Ishaq : محمداسحاق<br /> * Abolqassem: ابوالقاسم<br /> * Mohammad Sadeq: محمدصادق<br /> * Taqi: تقی<br /> * Mirza: میرزا<br /> * Javad: جواد<br /> * Mohammad Javad: محمدجواد<br /> * Lotfollah: لطف الله<br /> * Ahmad: احمد<br /> * Mohammad Baqer: محمدباقر<br /> * Mirza: میرزا<br /> * Ja'far: جعفر<br /> * Fazlollah: فضل الله<br /> * Abdolkarim: عبدالکریم<br /> ===نام‌های خانوادگی===<br /> * Fayyaz: فیاض<br /> * Musavi: موسوی<br /> * Khoei: خوئی<br /> * Rohani: روحانی<br /> * Mohaqqeq: محقق<br /> * Karaki: کرکی<br /> * Tabatabaei: طباطبائی<br /> * Qomi: قمی<br /> * Tabrizi: تبریزی<br /> * Shubairi: شبیری<br /> * Zanjani: زنجانی<br /> * Fazel: فاضل<br /> * Lankarani: لنکرانی<br /> * Safi: صافی<br /> * Golpaygani: گلپایگانی<br /> * Alidoost: علیدوست<br /> * Mulla: ملا<br /> * Naraqi: نراقی<br /> * Majlesi: مجلسی<br /> * Gilani: گیلانی<br /> * Kashfi: کشفی<br /> * Nouri: نوری<br /> * Haeri: حائری<br /> * Yazdi: یزدی<br /> * Haghighat: حقیقت<br /> <br /> == اصطلاحات ==<br /> * [[disliked (makruh)]]<br /> * no necessary connection : ملازمه منجزی<br /> * sayyid<br /> * contemporary scholars of Usul al-fiqh : فقهای اصولی<br /> * [[Maliki school]]<br /> * [[Shafi'i school]]<br /> * Advanced Jurisprudence (Kharij) : خارج فقه<br /> * the principle of interdependence: قاعده ملازمه<br /> * principle of interdependence at the macro level : قاعده ملازمه کبروی<br /> *Rational proof of innocence: برائت عقلی<br /> *Rational precaution: احتیاط عقلی<br /> *the repugnance of punishment without warning (qubh al-'iqab bila bayan)<br /> *the right of obedience (haqq al-ta'ah)<br /> *[[age of occultation (ghaybah)]]<br /> *fundamental boundaries: خطوط قرمز در اصطلاح فقهی<br /> *Istislah (public interest)<br /> *abominations and evil deeds: فحشاء و منکر<br /> *disengagement: عدم تعهد<br /> *unreliable conjecture (zann): ظن غیر معتبر<br /> *Istihsan (juristic preference): استحسان<br /> *pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف<br /> *enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Guardianship (Wilayah)<br /> *non-litigious matters (al-omour al-hesbiah)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Ijtihad: اجتهاد<br /> *[[rule of the bed (qā'idat al-firāsh)]] : قاعده فراش<br /> *'''Artificial Procreation: انجاب/تولید مثل'''<br /> *Common Religious Consciousness: ارتکاز<br /> *Declaratory Law: حکم تکلیفی<br /> *Unrelated individual person/ Non-mahram: نامحرم<br /> *scenario: فرض (فقهی)<br /> *prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود<br /> *Coitus: نزدیکی جنسی <br /> *IVF: لقاح خارج از رحم<br /> *The Principle of Precaution: اصالة الاحتیاط<br /> *Recipient (Gestational mother): صاحب رحم<br /> *Transplantation: پیوند (اعضای بدن)<br /> *Rational purpose: غرض عقلایی<br /> *Undue hardship: حرج<br /> *Consummated marriage: زنی که با او نزدیکی شده<br /> *Marital prohibitions (''Mahramiyah''): حرمت نکاح<br /> *Ensoulment (''Nafkh al-Rūḥ''): ولوج روح<br /> *Quranic Deduction: استنباط از قرآن<br /> *Provenance: صدور<br /> *Semantical: دلالت<br /> *Conventional language: زبان عرفی<br /> *The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت<br /> *Evolutionary nature of knowledge: تکمیل معرفت بشری<br /> *Intellect: عقل در اصطلاح فقهی<br /> *scholar: روحانی، آخوند<br /> *Biographical Evaluation: رجال<br /> *Guardianship of the Jurist: ولایت فقیه<br /> *Inerrancy: عصمت<br /> *The Infallibles: معصومین<br /> *Apprehended Significance: دلالت تصوری<br /> *Preferability: ارجحیت<br /> *Variable Rulings: احکام متغیر<br /> *Superseded or rendered void: حکمی که دیگر کارکرد ندارد<br /> *Traditionalist Jurisprudence: فقه سنتی<br /> *Teleological: غایت گرا<br /> *State-centric Jurisprudence: فقه حکومتی<br /> *Legal Derivation: استنباط احکام<br /> *Laypeople: مقلد<br /> *Solitary Tradition: خبر واحد<br /> *Forbidden Medicaments: درمان با محرمات<br /> *Jurisprudential Inquiries: استفتائات<br /> *Medical Screening: غربالگری<br /> *Civil Liability: ضمان قهری<br /> *State of Necessity: قاعده الضرورات تبیح المحظورات<br /> *Inebriants: مسکرات<br /> *Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه<br /> *The Public Treasury: بیت المال<br /> *Violation of Professional Oaths: نقض قسم<br /> *Illicit Enrichment: اکل مال به باطل<br /> *Rule of Liability: قاعده ضمان<br /> *Direct Skin-to-Skin Contact: لمس بدون واسطه<br /> *Legal Incompetents: فرد محجور<br /> *Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی<br /> *Emergent Jurisprudential Issues: مسائل مستحدثه<br /> *The Practice of the Religious Community: سیره متشرعه<br /> *Linguistic Principles: اصول لفظیه<br /> *Practical Principles: اصول عملیه<br /> *Juridical Consensus: اجماع فقهی<br /> *General Evidences: قواعد عام فقهی<br /> *Legal Presumption: اصل (در مقام شک)<br /> *Gender Intermixing: اختلاط زن و مرد<br /> *Inherent Dignity: کرامت انسانی<br /> *Financial Maintenance: نفقه<br /> *The Conduct of the Rational: سیره عقلاء<br /> *Divine Revelation: وحی<br /> *The Major Occultation: عصر غیبت<br /> *The Scripture and Tradition: کتاب و سنت<br /> *Tacit Approval: تقریر<br /> *Non-Textual Proofs: ادله لبیه<br /> *The Normative Consciousness of the Devout: ارتکاز متشرعه<br /> *Evidence-Based Consensus: اجماع مدرکی<br /> <br /> == الگوهای دانشنامه ==<br /> * This category is created for articles related to [Name of the Person].</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&diff=2748 2026-05-12T09:38:05Z

<p>Sarfipour: /* اصطلاحات */</p> <hr /> <div>== اعلام ==<br /> === نام های خاص عربی ===<br /> <br /> * [[Abd al-Rahman al-Jaziri]]<br /> <br /> === نام کتاب ===<br /> <br /> * [[Misbah al-Fiqahah]]<br /> * Salsabil fi Usul al-Tajzi'ah wa al-I'rab<br /> <br /> ===نام‌ها===<br /> * Mousa: موسی<br /> * Mohammad Ishaq : محمداسحاق<br /> * Abolqassem: ابوالقاسم<br /> * Mohammad Sadeq: محمدصادق<br /> * Taqi: تقی<br /> * Mirza: میرزا<br /> * Javad: جواد<br /> * Mohammad Javad: محمدجواد<br /> * Lotfollah: لطف الله<br /> * Ahmad: احمد<br /> * Mohammad Baqer: محمدباقر<br /> * Mirza: میرزا<br /> * Ja'far: جعفر<br /> * Fazlollah: فضل الله<br /> * Abdolkarim: عبدالکریم<br /> ===نام‌های خانوادگی===<br /> * Fayyaz: فیاض<br /> * Musavi: موسوی<br /> * Khoei: خوئی<br /> * Rohani: روحانی<br /> * Mohaqqeq: محقق<br /> * Karaki: کرکی<br /> * Tabatabaei: طباطبائی<br /> * Qomi: قمی<br /> * Tabrizi: تبریزی<br /> * Shubairi: شبیری<br /> * Zanjani: زنجانی<br /> * Fazel: فاضل<br /> * Lankarani: لنکرانی<br /> * Safi: صافی<br /> * Golpaygani: گلپایگانی<br /> * Alidoost: علیدوست<br /> * Mulla: ملا<br /> * Naraqi: نراقی<br /> * Majlesi: مجلسی<br /> * Gilani: گیلانی<br /> * Kashfi: کشفی<br /> * Nouri: نوری<br /> * Haeri: حائری<br /> * Yazdi: یزدی<br /> * Haghighat: حقیقت<br /> <br /> == اصطلاحات ==<br /> * [[disliked (makruh)]]<br /> * no necessary connection : ملازمه منجزی<br /> * sayyid<br /> * contemporary scholars of Usul al-fiqh : فقهای اصولی<br /> * [[Maliki school]]<br /> * [[Shafi'i school]]<br /> * Advanced Jurisprudence (Kharij) : خارج فقه<br /> * the principle of interdependence: قاعده ملازمه<br /> * principle of interdependence at the macro level : قاعده ملازمه کبروی<br /> *Rational proof of innocence: برائت عقلی<br /> *Rational precaution: احتیاط عقلی<br /> *the repugnance of punishment without warning (qubh al-'iqab bila bayan)<br /> *the right of obedience (haqq al-ta'ah)<br /> *[[age of occultation (ghaybah)]]<br /> *fundamental boundaries: خطوط قرمز در اصطلاح فقهی<br /> *Istislah (public interest)<br /> *abominations and evil deeds: فحشاء و منکر<br /> *disengagement: عدم تعهد<br /> *unreliable conjecture (zann): ظن غیر معتبر<br /> *Istihsan (juristic preference): استحسان<br /> *pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف<br /> *enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Guardianship (Wilayah)<br /> *non-litigious matters (al-omour al-hesbiah)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Ijtihad: اجتهاد<br /> *[[rule of the bed (qā'idat al-firāsh)]] : قاعده فراش<br /> *'''Artificial Procreation: انجاب/تولید مثل'''<br /> *Common Religious Consciousness: ارتکاز<br /> *Declaratory Law: حکم تکلیفی<br /> *Unrelated individual person/ Non-mahram: نامحرم<br /> *scenario: فرض (فقهی)<br /> *prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود<br /> *Coitus: نزدیکی جنسی <br /> *IVF: لقاح خارج از رحم<br /> *The Principle of Precaution: اصالة الاحتیاط<br /> *Recipient (Gestational mother): صاحب رحم<br /> *Transplantation: پیوند (اعضای بدن)<br /> *Rational purpose: غرض عقلایی<br /> *Undue hardship: حرج<br /> *Consummated marriage: زنی که با او نزدیکی شده<br /> *Marital prohibitions (''Mahramiyah''): حرمت نکاح<br /> *Ensoulment (''Nafkh al-Rūḥ''): ولوج روح<br /> *Quranic Deduction: استنباط از قرآن<br /> *Provenance: صدور<br /> *Semantical: دلالت<br /> *Conventional language: زبان عرفی<br /> *The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت<br /> *Evolutionary nature of knowledge: تکمیل معرفت بشری<br /> *Intellect: عقل در اصطلاح فقهی<br /> *scholar: روحانی، آخوند<br /> *Biographical Evaluation: رجال<br /> *Guardianship of the Jurist: ولایت فقیه<br /> *Inerrancy: عصمت<br /> *The Infallibles: معصومین<br /> *Apprehended Significance: دلالت تصوری<br /> *Preferability: ارجحیت<br /> *Variable Rulings: احکام متغیر<br /> *Superseded or rendered void: حکمی که دیگر کارکرد ندارد<br /> *Traditionalist Jurisprudence: فقه سنتی<br /> *Teleological: غایت گرا<br /> *State-centric Jurisprudence: فقه حکومتی<br /> *Legal Derivation: استنباط احکام<br /> *Laypeople: مقلد<br /> *Solitary Tradition: خبر واحد<br /> *Forbidden Medicaments: درمان با محرمات<br /> *Jurisprudential Inquiries: استفتائات<br /> *Medical Screening: غربالگری<br /> *Civil Liability: ضمان قهری<br /> *State of Necessity: قاعده الضرورات تبیح المحظورات<br /> *Inebriants: مسکرات<br /> *Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه<br /> *The Public Treasury: بیت المال<br /> *Violation of Professional Oaths: نقض قسم<br /> *Illicit Enrichment: اکل مال به باطل<br /> *Rule of Liability: قاعده ضمان<br /> *Direct Skin-to-Skin Contact: لمس بدون واسطه<br /> *Legal Incompetents: فرد محجور<br /> *Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی<br /> *Emergent Jurisprudential Issues: مسائل مستحدثه<br /> *The Practice of the Religious Community: سیره متشرعه<br /> *Linguistic Principles: اصول لفظیه<br /> *Practical Principles: اصول عملیه<br /> *Juridical Consensus: اجماع فقهی<br /> *General Evidences: قواعد عام فقهی<br /> *Legal Presumption: اصل (در مقام شک)<br /> *Gender Intermixing: اختلاط زن و مرد<br /> *Inherent Dignity: کرامت انسانی<br /> *Financial Maintenance: نفقه<br /> *The Conduct of the Rational: سیره عقلاء<br /> *Divine Revelation: وحی<br /> *The Major Occultation: عصر غیبت<br /> *The Scripture and Tradition: کتاب و سنت<br /> *Tacit Approval: تقریر<br /> *Non-Textual Proofs: ادله لبیه<br /> *The Normative Consciousness of the Devout: ارتکاز متشرعه<br /> <br /> == الگوهای دانشنامه ==<br /> * This category is created for articles related to [Name of the Person].</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&diff=2747 2026-05-12T09:34:24Z

<p>Sarfipour: /* اصطلاحات */</p> <hr /> <div>== اعلام ==<br /> === نام های خاص عربی ===<br /> <br /> * [[Abd al-Rahman al-Jaziri]]<br /> <br /> === نام کتاب ===<br /> <br /> * [[Misbah al-Fiqahah]]<br /> * Salsabil fi Usul al-Tajzi'ah wa al-I'rab<br /> <br /> ===نام‌ها===<br /> * Mousa: موسی<br /> * Mohammad Ishaq : محمداسحاق<br /> * Abolqassem: ابوالقاسم<br /> * Mohammad Sadeq: محمدصادق<br /> * Taqi: تقی<br /> * Mirza: میرزا<br /> * Javad: جواد<br /> * Mohammad Javad: محمدجواد<br /> * Lotfollah: لطف الله<br /> * Ahmad: احمد<br /> * Mohammad Baqer: محمدباقر<br /> * Mirza: میرزا<br /> * Ja'far: جعفر<br /> * Fazlollah: فضل الله<br /> * Abdolkarim: عبدالکریم<br /> ===نام‌های خانوادگی===<br /> * Fayyaz: فیاض<br /> * Musavi: موسوی<br /> * Khoei: خوئی<br /> * Rohani: روحانی<br /> * Mohaqqeq: محقق<br /> * Karaki: کرکی<br /> * Tabatabaei: طباطبائی<br /> * Qomi: قمی<br /> * Tabrizi: تبریزی<br /> * Shubairi: شبیری<br /> * Zanjani: زنجانی<br /> * Fazel: فاضل<br /> * Lankarani: لنکرانی<br /> * Safi: صافی<br /> * Golpaygani: گلپایگانی<br /> * Alidoost: علیدوست<br /> * Mulla: ملا<br /> * Naraqi: نراقی<br /> * Majlesi: مجلسی<br /> * Gilani: گیلانی<br /> * Kashfi: کشفی<br /> * Nouri: نوری<br /> * Haeri: حائری<br /> * Yazdi: یزدی<br /> * Haghighat: حقیقت<br /> <br /> == اصطلاحات ==<br /> * [[disliked (makruh)]]<br /> * no necessary connection : ملازمه منجزی<br /> * sayyid<br /> * contemporary scholars of Usul al-fiqh : فقهای اصولی<br /> * [[Maliki school]]<br /> * [[Shafi'i school]]<br /> * Advanced Jurisprudence (Kharij) : خارج فقه<br /> * the principle of interdependence: قاعده ملازمه<br /> * principle of interdependence at the macro level : قاعده ملازمه کبروی<br /> *Rational proof of innocence: برائت عقلی<br /> *Rational precaution: احتیاط عقلی<br /> *the repugnance of punishment without warning (qubh al-'iqab bila bayan)<br /> *the right of obedience (haqq al-ta'ah)<br /> *[[age of occultation (ghaybah)]]<br /> *fundamental boundaries: خطوط قرمز در اصطلاح فقهی<br /> *Istislah (public interest)<br /> *abominations and evil deeds: فحشاء و منکر<br /> *disengagement: عدم تعهد<br /> *unreliable conjecture (zann): ظن غیر معتبر<br /> *Istihsan (juristic preference): استحسان<br /> *pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف<br /> *enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Guardianship (Wilayah)<br /> *non-litigious matters (al-omour al-hesbiah)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Ijtihad: اجتهاد<br /> *[[rule of the bed (qā'idat al-firāsh)]] : قاعده فراش<br /> *'''Artificial Procreation: انجاب/تولید مثل'''<br /> *Common Religious Consciousness: ارتکاز<br /> *Declaratory Law: حکم تکلیفی<br /> *Unrelated individual person/ Non-mahram: نامحرم<br /> *scenario: فرض (فقهی)<br /> *prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود<br /> *Coitus: نزدیکی جنسی <br /> *IVF: لقاح خارج از رحم<br /> *The Principle of Precaution: اصالة الاحتیاط<br /> *Recipient (Gestational mother): صاحب رحم<br /> *Transplantation: پیوند (اعضای بدن)<br /> *Rational purpose: غرض عقلایی<br /> *Undue hardship: حرج<br /> *Consummated marriage: زنی که با او نزدیکی شده<br /> *Marital prohibitions (''Mahramiyah''): حرمت نکاح<br /> *Ensoulment (''Nafkh al-Rūḥ''): ولوج روح<br /> *Quranic Deduction: استنباط از قرآن<br /> *Provenance: صدور<br /> *Semantical: دلالت<br /> *Conventional language: زبان عرفی<br /> *The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت<br /> *Evolutionary nature of knowledge: تکمیل معرفت بشری<br /> *Intellect: عقل در اصطلاح فقهی<br /> *scholar: روحانی، آخوند<br /> *Biographical Evaluation: رجال<br /> *Guardianship of the Jurist: ولایت فقیه<br /> *Inerrancy: عصمت<br /> *The Infallibles: معصومین<br /> *Apprehended Significance: دلالت تصوری<br /> *Preferability: ارجحیت<br /> *Variable Rulings: احکام متغیر<br /> *Superseded or rendered void: حکمی که دیگر کارکرد ندارد<br /> *Traditionalist Jurisprudence: فقه سنتی<br /> *Teleological: غایت گرا<br /> *State-centric Jurisprudence: فقه حکومتی<br /> *Legal Derivation: استنباط احکام<br /> *Laypeople: مقلد<br /> *Solitary Tradition: خبر واحد<br /> *Forbidden Medicaments: درمان با محرمات<br /> *Jurisprudential Inquiries: استفتائات<br /> *Medical Screening: غربالگری<br /> *Civil Liability: ضمان قهری<br /> *State of Necessity: قاعده الضرورات تبیح المحظورات<br /> *Inebriants: مسکرات<br /> *Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه<br /> *The Public Treasury: بیت المال<br /> *Violation of Professional Oaths: نقض قسم<br /> *Illicit Enrichment: اکل مال به باطل<br /> *Rule of Liability: قاعده ضمان<br /> *Direct Skin-to-Skin Contact: لمس بدون واسطه<br /> *Legal Incompetents: فرد محجور<br /> *Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی<br /> *Emergent Jurisprudential Issues: مسائل مستحدثه<br /> *The Practice of the Religious Community: سیره متشرعه<br /> *Linguistic Principles: اصول لفظیه<br /> *Practical Principles: اصول عملیه<br /> *Juridical Consensus: اجماع فقهی<br /> *General Evidences: قواعد عام فقهی<br /> *Legal Presumption: اصل (در مقام شک)<br /> *Gender Intermixing: اختلاط زن و مرد<br /> *Inherent Dignity: کرامت انسانی<br /> *Financial Maintenance: نفقه<br /> *The Conduct of the Rational: سیره عقلاء<br /> *Divine Revelation: وحی<br /> *The Major Occultation: عصر غیبت<br /> *The Scripture and Tradition: کتاب و سنت<br /> *Tacit Approval: تقریر<br /> *Non-Textual Proofs: ادله لبیه<br /> <br /> == الگوهای دانشنامه ==<br /> * This category is created for articles related to [Name of the Person].</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&diff=2746 2026-05-12T09:28:17Z

<p>Sarfipour: /* اصطلاحات */</p> <hr /> <div>== اعلام ==<br /> === نام های خاص عربی ===<br /> <br /> * [[Abd al-Rahman al-Jaziri]]<br /> <br /> === نام کتاب ===<br /> <br /> * [[Misbah al-Fiqahah]]<br /> * Salsabil fi Usul al-Tajzi'ah wa al-I'rab<br /> <br /> ===نام‌ها===<br /> * Mousa: موسی<br /> * Mohammad Ishaq : محمداسحاق<br /> * Abolqassem: ابوالقاسم<br /> * Mohammad Sadeq: محمدصادق<br /> * Taqi: تقی<br /> * Mirza: میرزا<br /> * Javad: جواد<br /> * Mohammad Javad: محمدجواد<br /> * Lotfollah: لطف الله<br /> * Ahmad: احمد<br /> * Mohammad Baqer: محمدباقر<br /> * Mirza: میرزا<br /> * Ja'far: جعفر<br /> * Fazlollah: فضل الله<br /> * Abdolkarim: عبدالکریم<br /> ===نام‌های خانوادگی===<br /> * Fayyaz: فیاض<br /> * Musavi: موسوی<br /> * Khoei: خوئی<br /> * Rohani: روحانی<br /> * Mohaqqeq: محقق<br /> * Karaki: کرکی<br /> * Tabatabaei: طباطبائی<br /> * Qomi: قمی<br /> * Tabrizi: تبریزی<br /> * Shubairi: شبیری<br /> * Zanjani: زنجانی<br /> * Fazel: فاضل<br /> * Lankarani: لنکرانی<br /> * Safi: صافی<br /> * Golpaygani: گلپایگانی<br /> * Alidoost: علیدوست<br /> * Mulla: ملا<br /> * Naraqi: نراقی<br /> * Majlesi: مجلسی<br /> * Gilani: گیلانی<br /> * Kashfi: کشفی<br /> * Nouri: نوری<br /> * Haeri: حائری<br /> * Yazdi: یزدی<br /> * Haghighat: حقیقت<br /> <br /> == اصطلاحات ==<br /> * [[disliked (makruh)]]<br /> * no necessary connection : ملازمه منجزی<br /> * sayyid<br /> * contemporary scholars of Usul al-fiqh : فقهای اصولی<br /> * [[Maliki school]]<br /> * [[Shafi'i school]]<br /> * Advanced Jurisprudence (Kharij) : خارج فقه<br /> * the principle of interdependence: قاعده ملازمه<br /> * principle of interdependence at the macro level : قاعده ملازمه کبروی<br /> *Rational proof of innocence: برائت عقلی<br /> *Rational precaution: احتیاط عقلی<br /> *the repugnance of punishment without warning (qubh al-'iqab bila bayan)<br /> *the right of obedience (haqq al-ta'ah)<br /> *[[age of occultation (ghaybah)]]<br /> *fundamental boundaries: خطوط قرمز در اصطلاح فقهی<br /> *Istislah (public interest)<br /> *abominations and evil deeds: فحشاء و منکر<br /> *disengagement: عدم تعهد<br /> *unreliable conjecture (zann): ظن غیر معتبر<br /> *Istihsan (juristic preference): استحسان<br /> *pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف<br /> *enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Guardianship (Wilayah)<br /> *non-litigious matters (al-omour al-hesbiah)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Ijtihad: اجتهاد<br /> *[[rule of the bed (qā'idat al-firāsh)]] : قاعده فراش<br /> *'''Artificial Procreation: انجاب/تولید مثل'''<br /> *Common Religious Consciousness: ارتکاز<br /> *Declaratory Law: حکم تکلیفی<br /> *Unrelated individual person/ Non-mahram: نامحرم<br /> *scenario: فرض (فقهی)<br /> *prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود<br /> *Coitus: نزدیکی جنسی <br /> *IVF: لقاح خارج از رحم<br /> *The Principle of Precaution: اصالة الاحتیاط<br /> *Recipient (Gestational mother): صاحب رحم<br /> *Transplantation: پیوند (اعضای بدن)<br /> *Rational purpose: غرض عقلایی<br /> *Undue hardship: حرج<br /> *Consummated marriage: زنی که با او نزدیکی شده<br /> *Marital prohibitions (''Mahramiyah''): حرمت نکاح<br /> *Ensoulment (''Nafkh al-Rūḥ''): ولوج روح<br /> *Quranic Deduction: استنباط از قرآن<br /> *Provenance: صدور<br /> *Semantical: دلالت<br /> *Conventional language: زبان عرفی<br /> *The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت<br /> *Evolutionary nature of knowledge: تکمیل معرفت بشری<br /> *Intellect: عقل در اصطلاح فقهی<br /> *scholar: روحانی، آخوند<br /> *Biographical Evaluation: رجال<br /> *Guardianship of the Jurist: ولایت فقیه<br /> *Inerrancy: عصمت<br /> *The Infallibles: معصومین<br /> *Apprehended Significance: دلالت تصوری<br /> *Preferability: ارجحیت<br /> *Variable Rulings: احکام متغیر<br /> *Superseded or rendered void: حکمی که دیگر کارکرد ندارد<br /> *Traditionalist Jurisprudence: فقه سنتی<br /> *Teleological: غایت گرا<br /> *State-centric Jurisprudence: فقه حکومتی<br /> *Legal Derivation: استنباط احکام<br /> *Laypeople: مقلد<br /> *Solitary Tradition: خبر واحد<br /> *Forbidden Medicaments: درمان با محرمات<br /> *Jurisprudential Inquiries: استفتائات<br /> *Medical Screening: غربالگری<br /> *Civil Liability: ضمان قهری<br /> *State of Necessity: قاعده الضرورات تبیح المحظورات<br /> *Inebriants: مسکرات<br /> *Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه<br /> *The Public Treasury: بیت المال<br /> *Violation of Professional Oaths: نقض قسم<br /> *Illicit Enrichment: اکل مال به باطل<br /> *Rule of Liability: قاعده ضمان<br /> *Direct Skin-to-Skin Contact: لمس بدون واسطه<br /> *Legal Incompetents: فرد محجور<br /> *Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی<br /> *Emergent Jurisprudential Issues: مسائل مستحدثه<br /> *The Practice of the Religious Community: سیره متشرعه<br /> *Linguistic Principles: اصول لفظیه<br /> *Practical Principles: اصول عملیه<br /> *Juridical Consensus: اجماع فقهی<br /> *General Evidences: قواعد عام فقهی<br /> *Legal Presumption: اصل (در مقام شک)<br /> *Gender Intermixing: اختلاط زن و مرد<br /> *Inherent Dignity: کرامت انسانی<br /> *Financial Maintenance: نفقه<br /> *The Conduct of the Rational: سیره عقلاء<br /> *Divine Revelation: وحی<br /> *The Major Occultation: عصر غیبت<br /> *The Scripture and Tradition: کتاب و سنت<br /> *Tacit Approval: تقریر<br /> <br /> == الگوهای دانشنامه ==<br /> * This category is created for articles related to [Name of the Person].</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&diff=2745 2026-05-12T09:24:59Z

<p>Sarfipour: /* اصطلاحات */</p> <hr /> <div>== اعلام ==<br /> === نام های خاص عربی ===<br /> <br /> * [[Abd al-Rahman al-Jaziri]]<br /> <br /> === نام کتاب ===<br /> <br /> * [[Misbah al-Fiqahah]]<br /> * Salsabil fi Usul al-Tajzi'ah wa al-I'rab<br /> <br /> ===نام‌ها===<br /> * Mousa: موسی<br /> * Mohammad Ishaq : محمداسحاق<br /> * Abolqassem: ابوالقاسم<br /> * Mohammad Sadeq: محمدصادق<br /> * Taqi: تقی<br /> * Mirza: میرزا<br /> * Javad: جواد<br /> * Mohammad Javad: محمدجواد<br /> * Lotfollah: لطف الله<br /> * Ahmad: احمد<br /> * Mohammad Baqer: محمدباقر<br /> * Mirza: میرزا<br /> * Ja'far: جعفر<br /> * Fazlollah: فضل الله<br /> * Abdolkarim: عبدالکریم<br /> ===نام‌های خانوادگی===<br /> * Fayyaz: فیاض<br /> * Musavi: موسوی<br /> * Khoei: خوئی<br /> * Rohani: روحانی<br /> * Mohaqqeq: محقق<br /> * Karaki: کرکی<br /> * Tabatabaei: طباطبائی<br /> * Qomi: قمی<br /> * Tabrizi: تبریزی<br /> * Shubairi: شبیری<br /> * Zanjani: زنجانی<br /> * Fazel: فاضل<br /> * Lankarani: لنکرانی<br /> * Safi: صافی<br /> * Golpaygani: گلپایگانی<br /> * Alidoost: علیدوست<br /> * Mulla: ملا<br /> * Naraqi: نراقی<br /> * Majlesi: مجلسی<br /> * Gilani: گیلانی<br /> * Kashfi: کشفی<br /> * Nouri: نوری<br /> * Haeri: حائری<br /> * Yazdi: یزدی<br /> * Haghighat: حقیقت<br /> <br /> == اصطلاحات ==<br /> * [[disliked (makruh)]]<br /> * no necessary connection : ملازمه منجزی<br /> * sayyid<br /> * contemporary scholars of Usul al-fiqh : فقهای اصولی<br /> * [[Maliki school]]<br /> * [[Shafi'i school]]<br /> * Advanced Jurisprudence (Kharij) : خارج فقه<br /> * the principle of interdependence: قاعده ملازمه<br /> * principle of interdependence at the macro level : قاعده ملازمه کبروی<br /> *Rational proof of innocence: برائت عقلی<br /> *Rational precaution: احتیاط عقلی<br /> *the repugnance of punishment without warning (qubh al-'iqab bila bayan)<br /> *the right of obedience (haqq al-ta'ah)<br /> *[[age of occultation (ghaybah)]]<br /> *fundamental boundaries: خطوط قرمز در اصطلاح فقهی<br /> *Istislah (public interest)<br /> *abominations and evil deeds: فحشاء و منکر<br /> *disengagement: عدم تعهد<br /> *unreliable conjecture (zann): ظن غیر معتبر<br /> *Istihsan (juristic preference): استحسان<br /> *pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف<br /> *enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Guardianship (Wilayah)<br /> *non-litigious matters (al-omour al-hesbiah)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Ijtihad: اجتهاد<br /> *[[rule of the bed (qā'idat al-firāsh)]] : قاعده فراش<br /> *'''Artificial Procreation: انجاب/تولید مثل'''<br /> *Common Religious Consciousness: ارتکاز<br /> *Declaratory Law: حکم تکلیفی<br /> *Unrelated individual person/ Non-mahram: نامحرم<br /> *scenario: فرض (فقهی)<br /> *prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود<br /> *Coitus: نزدیکی جنسی <br /> *IVF: لقاح خارج از رحم<br /> *The Principle of Precaution: اصالة الاحتیاط<br /> *Recipient (Gestational mother): صاحب رحم<br /> *Transplantation: پیوند (اعضای بدن)<br /> *Rational purpose: غرض عقلایی<br /> *Undue hardship: حرج<br /> *Consummated marriage: زنی که با او نزدیکی شده<br /> *Marital prohibitions (''Mahramiyah''): حرمت نکاح<br /> *Ensoulment (''Nafkh al-Rūḥ''): ولوج روح<br /> *Quranic Deduction: استنباط از قرآن<br /> *Provenance: صدور<br /> *Semantical: دلالت<br /> *Conventional language: زبان عرفی<br /> *The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت<br /> *Evolutionary nature of knowledge: تکمیل معرفت بشری<br /> *Intellect: عقل در اصطلاح فقهی<br /> *scholar: روحانی، آخوند<br /> *Biographical Evaluation: رجال<br /> *Guardianship of the Jurist: ولایت فقیه<br /> *Inerrancy: عصمت<br /> *The Infallibles: معصومین<br /> *Apprehended Significance: دلالت تصوری<br /> *Preferability: ارجحیت<br /> *Variable Rulings: احکام متغیر<br /> *Superseded or rendered void: حکمی که دیگر کارکرد ندارد<br /> *Traditionalist Jurisprudence: فقه سنتی<br /> *Teleological: غایت گرا<br /> *State-centric Jurisprudence: فقه حکومتی<br /> *Legal Derivation: استنباط احکام<br /> *Laypeople: مقلد<br /> *Solitary Tradition: خبر واحد<br /> *Forbidden Medicaments: درمان با محرمات<br /> *Jurisprudential Inquiries: استفتائات<br /> *Medical Screening: غربالگری<br /> *Civil Liability: ضمان قهری<br /> *State of Necessity: قاعده الضرورات تبیح المحظورات<br /> *Inebriants: مسکرات<br /> *Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه<br /> *The Public Treasury: بیت المال<br /> *Violation of Professional Oaths: نقض قسم<br /> *Illicit Enrichment: اکل مال به باطل<br /> *Rule of Liability: قاعده ضمان<br /> *Direct Skin-to-Skin Contact: لمس بدون واسطه<br /> *Legal Incompetents: فرد محجور<br /> *Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی<br /> *Emergent Jurisprudential Issues: مسائل مستحدثه<br /> *The Practice of the Religious Community: سیره متشرعه<br /> *Linguistic Principles: اصول لفظیه<br /> *Practical Principles: اصول عملیه<br /> *Juridical Consensus: اجماع فقهی<br /> *General Evidences: قواعد عام فقهی<br /> *Legal Presumption: اصل (در مقام شک)<br /> *Gender Intermixing: اختلاط زن و مرد<br /> *Inherent Dignity: کرامت انسانی<br /> *Financial Maintenance: نفقه<br /> *The Conduct of the Rational: سیره عقلاء<br /> *Divine Revelation: وحی<br /> *The Major Occultation: عصر غیبت<br /> *The Scripture and Tradition: کتاب و سنت<br /> <br /> == الگوهای دانشنامه ==<br /> * This category is created for articles related to [Name of the Person].</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&diff=2744 2026-05-12T09:11:01Z

<p>Sarfipour: /* اصطلاحات */</p> <hr /> <div>== اعلام ==<br /> === نام های خاص عربی ===<br /> <br /> * [[Abd al-Rahman al-Jaziri]]<br /> <br /> === نام کتاب ===<br /> <br /> * [[Misbah al-Fiqahah]]<br /> * Salsabil fi Usul al-Tajzi'ah wa al-I'rab<br /> <br /> ===نام‌ها===<br /> * Mousa: موسی<br /> * Mohammad Ishaq : محمداسحاق<br /> * Abolqassem: ابوالقاسم<br /> * Mohammad Sadeq: محمدصادق<br /> * Taqi: تقی<br /> * Mirza: میرزا<br /> * Javad: جواد<br /> * Mohammad Javad: محمدجواد<br /> * Lotfollah: لطف الله<br /> * Ahmad: احمد<br /> * Mohammad Baqer: محمدباقر<br /> * Mirza: میرزا<br /> * Ja'far: جعفر<br /> * Fazlollah: فضل الله<br /> * Abdolkarim: عبدالکریم<br /> ===نام‌های خانوادگی===<br /> * Fayyaz: فیاض<br /> * Musavi: موسوی<br /> * Khoei: خوئی<br /> * Rohani: روحانی<br /> * Mohaqqeq: محقق<br /> * Karaki: کرکی<br /> * Tabatabaei: طباطبائی<br /> * Qomi: قمی<br /> * Tabrizi: تبریزی<br /> * Shubairi: شبیری<br /> * Zanjani: زنجانی<br /> * Fazel: فاضل<br /> * Lankarani: لنکرانی<br /> * Safi: صافی<br /> * Golpaygani: گلپایگانی<br /> * Alidoost: علیدوست<br /> * Mulla: ملا<br /> * Naraqi: نراقی<br /> * Majlesi: مجلسی<br /> * Gilani: گیلانی<br /> * Kashfi: کشفی<br /> * Nouri: نوری<br /> * Haeri: حائری<br /> * Yazdi: یزدی<br /> * Haghighat: حقیقت<br /> <br /> == اصطلاحات ==<br /> * [[disliked (makruh)]]<br /> * no necessary connection : ملازمه منجزی<br /> * sayyid<br /> * contemporary scholars of Usul al-fiqh : فقهای اصولی<br /> * [[Maliki school]]<br /> * [[Shafi'i school]]<br /> * Advanced Jurisprudence (Kharij) : خارج فقه<br /> * the principle of interdependence: قاعده ملازمه<br /> * principle of interdependence at the macro level : قاعده ملازمه کبروی<br /> *Rational proof of innocence: برائت عقلی<br /> *Rational precaution: احتیاط عقلی<br /> *the repugnance of punishment without warning (qubh al-'iqab bila bayan)<br /> *the right of obedience (haqq al-ta'ah)<br /> *[[age of occultation (ghaybah)]]<br /> *fundamental boundaries: خطوط قرمز در اصطلاح فقهی<br /> *Istislah (public interest)<br /> *abominations and evil deeds: فحشاء و منکر<br /> *disengagement: عدم تعهد<br /> *unreliable conjecture (zann): ظن غیر معتبر<br /> *Istihsan (juristic preference): استحسان<br /> *pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف<br /> *enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Guardianship (Wilayah)<br /> *non-litigious matters (al-omour al-hesbiah)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Ijtihad: اجتهاد<br /> *[[rule of the bed (qā'idat al-firāsh)]] : قاعده فراش<br /> *'''Artificial Procreation: انجاب/تولید مثل'''<br /> *Common Religious Consciousness: ارتکاز<br /> *Declaratory Law: حکم تکلیفی<br /> *Unrelated individual person/ Non-mahram: نامحرم<br /> *scenario: فرض (فقهی)<br /> *prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود<br /> *Coitus: نزدیکی جنسی <br /> *IVF: لقاح خارج از رحم<br /> *The Principle of Precaution: اصالة الاحتیاط<br /> *Recipient (Gestational mother): صاحب رحم<br /> *Transplantation: پیوند (اعضای بدن)<br /> *Rational purpose: غرض عقلایی<br /> *Undue hardship: حرج<br /> *Consummated marriage: زنی که با او نزدیکی شده<br /> *Marital prohibitions (''Mahramiyah''): حرمت نکاح<br /> *Ensoulment (''Nafkh al-Rūḥ''): ولوج روح<br /> *Quranic Deduction: استنباط از قرآن<br /> *Provenance: صدور<br /> *Semantical: دلالت<br /> *Conventional language: زبان عرفی<br /> *The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت<br /> *Evolutionary nature of knowledge: تکمیل معرفت بشری<br /> *Intellect: عقل در اصطلاح فقهی<br /> *scholar: روحانی، آخوند<br /> *Biographical Evaluation: رجال<br /> *Guardianship of the Jurist: ولایت فقیه<br /> *Inerrancy: عصمت<br /> *The Infallibles: معصومین<br /> *Apprehended Significance: دلالت تصوری<br /> *Preferability: ارجحیت<br /> *Variable Rulings: احکام متغیر<br /> *Superseded or rendered void: حکمی که دیگر کارکرد ندارد<br /> *Traditionalist Jurisprudence: فقه سنتی<br /> *Teleological: غایت گرا<br /> *State-centric Jurisprudence: فقه حکومتی<br /> *Legal Derivation: استنباط احکام<br /> *Laypeople: مقلد<br /> *Solitary Tradition: خبر واحد<br /> *Forbidden Medicaments: درمان با محرمات<br /> *Jurisprudential Inquiries: استفتائات<br /> *Medical Screening: غربالگری<br /> *Civil Liability: ضمان قهری<br /> *State of Necessity: قاعده الضرورات تبیح المحظورات<br /> *Inebriants: مسکرات<br /> *Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه<br /> *The Public Treasury: بیت المال<br /> *Violation of Professional Oaths: نقض قسم<br /> *Illicit Enrichment: اکل مال به باطل<br /> *Rule of Liability: قاعده ضمان<br /> *Direct Skin-to-Skin Contact: لمس بدون واسطه<br /> *Legal Incompetents: فرد محجور<br /> *Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی<br /> *Emergent Jurisprudential Issues: مسائل مستحدثه<br /> *The Practice of the Religious Community: سیره متشرعه<br /> *Linguistic Principles: اصول لفظیه<br /> *Practical Principles: اصول عملیه<br /> *Juridical Consensus: اجماع فقهی<br /> *General Evidences: قواعد عام فقهی<br /> *Legal Presumption: اصل (در مقام شک)<br /> *Gender Intermixing: اختلاط زن و مرد<br /> *Inherent Dignity: کرامت انسانی<br /> *Financial Maintenance: نفقه<br /> *The Conduct of the Rational: سیره عقلاء<br /> *Divine Revelation: وحی<br /> *The Major Occultation: عصر غیبت<br /> <br /> == الگوهای دانشنامه ==<br /> * This category is created for articles related to [Name of the Person].</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&diff=2743 2026-05-12T09:05:18Z

<p>Sarfipour: /* اصطلاحات */</p> <hr /> <div>== اعلام ==<br /> === نام های خاص عربی ===<br /> <br /> * [[Abd al-Rahman al-Jaziri]]<br /> <br /> === نام کتاب ===<br /> <br /> * [[Misbah al-Fiqahah]]<br /> * Salsabil fi Usul al-Tajzi'ah wa al-I'rab<br /> <br /> ===نام‌ها===<br /> * Mousa: موسی<br /> * Mohammad Ishaq : محمداسحاق<br /> * Abolqassem: ابوالقاسم<br /> * Mohammad Sadeq: محمدصادق<br /> * Taqi: تقی<br /> * Mirza: میرزا<br /> * Javad: جواد<br /> * Mohammad Javad: محمدجواد<br /> * Lotfollah: لطف الله<br /> * Ahmad: احمد<br /> * Mohammad Baqer: محمدباقر<br /> * Mirza: میرزا<br /> * Ja'far: جعفر<br /> * Fazlollah: فضل الله<br /> * Abdolkarim: عبدالکریم<br /> ===نام‌های خانوادگی===<br /> * Fayyaz: فیاض<br /> * Musavi: موسوی<br /> * Khoei: خوئی<br /> * Rohani: روحانی<br /> * Mohaqqeq: محقق<br /> * Karaki: کرکی<br /> * Tabatabaei: طباطبائی<br /> * Qomi: قمی<br /> * Tabrizi: تبریزی<br /> * Shubairi: شبیری<br /> * Zanjani: زنجانی<br /> * Fazel: فاضل<br /> * Lankarani: لنکرانی<br /> * Safi: صافی<br /> * Golpaygani: گلپایگانی<br /> * Alidoost: علیدوست<br /> * Mulla: ملا<br /> * Naraqi: نراقی<br /> * Majlesi: مجلسی<br /> * Gilani: گیلانی<br /> * Kashfi: کشفی<br /> * Nouri: نوری<br /> * Haeri: حائری<br /> * Yazdi: یزدی<br /> * Haghighat: حقیقت<br /> <br /> == اصطلاحات ==<br /> * [[disliked (makruh)]]<br /> * no necessary connection : ملازمه منجزی<br /> * sayyid<br /> * contemporary scholars of Usul al-fiqh : فقهای اصولی<br /> * [[Maliki school]]<br /> * [[Shafi'i school]]<br /> * Advanced Jurisprudence (Kharij) : خارج فقه<br /> * the principle of interdependence: قاعده ملازمه<br /> * principle of interdependence at the macro level : قاعده ملازمه کبروی<br /> *Rational proof of innocence: برائت عقلی<br /> *Rational precaution: احتیاط عقلی<br /> *the repugnance of punishment without warning (qubh al-'iqab bila bayan)<br /> *the right of obedience (haqq al-ta'ah)<br /> *[[age of occultation (ghaybah)]]<br /> *fundamental boundaries: خطوط قرمز در اصطلاح فقهی<br /> *Istislah (public interest)<br /> *abominations and evil deeds: فحشاء و منکر<br /> *disengagement: عدم تعهد<br /> *unreliable conjecture (zann): ظن غیر معتبر<br /> *Istihsan (juristic preference): استحسان<br /> *pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف<br /> *enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Guardianship (Wilayah)<br /> *non-litigious matters (al-omour al-hesbiah)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Ijtihad: اجتهاد<br /> *[[rule of the bed (qā'idat al-firāsh)]] : قاعده فراش<br /> *'''Artificial Procreation: انجاب/تولید مثل'''<br /> *Common Religious Consciousness: ارتکاز<br /> *Declaratory Law: حکم تکلیفی<br /> *Unrelated individual person/ Non-mahram: نامحرم<br /> *scenario: فرض (فقهی)<br /> *prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود<br /> *Coitus: نزدیکی جنسی <br /> *IVF: لقاح خارج از رحم<br /> *The Principle of Precaution: اصالة الاحتیاط<br /> *Recipient (Gestational mother): صاحب رحم<br /> *Transplantation: پیوند (اعضای بدن)<br /> *Rational purpose: غرض عقلایی<br /> *Undue hardship: حرج<br /> *Consummated marriage: زنی که با او نزدیکی شده<br /> *Marital prohibitions (''Mahramiyah''): حرمت نکاح<br /> *Ensoulment (''Nafkh al-Rūḥ''): ولوج روح<br /> *Quranic Deduction: استنباط از قرآن<br /> *Provenance: صدور<br /> *Semantical: دلالت<br /> *Conventional language: زبان عرفی<br /> *The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت<br /> *Evolutionary nature of knowledge: تکمیل معرفت بشری<br /> *Intellect: عقل در اصطلاح فقهی<br /> *scholar: روحانی، آخوند<br /> *Biographical Evaluation: رجال<br /> *Guardianship of the Jurist: ولایت فقیه<br /> *Inerrancy: عصمت<br /> *The Infallibles: معصومین<br /> *Apprehended Significance: دلالت تصوری<br /> *Preferability: ارجحیت<br /> *Variable Rulings: احکام متغیر<br /> *Superseded or rendered void: حکمی که دیگر کارکرد ندارد<br /> *Traditionalist Jurisprudence: فقه سنتی<br /> *Teleological: غایت گرا<br /> *State-centric Jurisprudence: فقه حکومتی<br /> *Legal Derivation: استنباط احکام<br /> *Laypeople: مقلد<br /> *Solitary Tradition: خبر واحد<br /> *Forbidden Medicaments: درمان با محرمات<br /> *Jurisprudential Inquiries: استفتائات<br /> *Medical Screening: غربالگری<br /> *Civil Liability: ضمان قهری<br /> *State of Necessity: قاعده الضرورات تبیح المحظورات<br /> *Inebriants: مسکرات<br /> *Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه<br /> *The Public Treasury: بیت المال<br /> *Violation of Professional Oaths: نقض قسم<br /> *Illicit Enrichment: اکل مال به باطل<br /> *Rule of Liability: قاعده ضمان<br /> *Direct Skin-to-Skin Contact: لمس بدون واسطه<br /> *Legal Incompetents: فرد محجور<br /> *Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی<br /> *Emergent Jurisprudential Issues: مسائل مستحدثه<br /> *The Practice of the Religious Community: سیره متشرعه<br /> *Linguistic Principles: اصول لفظیه<br /> *Practical Principles: اصول عملیه<br /> *Juridical Consensus: اجماع فقهی<br /> *General Evidences: قواعد عام فقهی<br /> *Legal Presumption: اصل (در مقام شک)<br /> *Gender Intermixing: اختلاط زن و مرد<br /> *Inherent Dignity: کرامت انسانی<br /> *Financial Maintenance: نفقه<br /> *The Conduct of the Rational: سیره عقلاء<br /> *Divine Revelation: وحی<br /> <br /> == الگوهای دانشنامه ==<br /> * This category is created for articles related to [Name of the Person].</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&diff=2742 2026-05-12T08:55:24Z

<p>Sarfipour: /* اصطلاحات */</p> <hr /> <div>== اعلام ==<br /> === نام های خاص عربی ===<br /> <br /> * [[Abd al-Rahman al-Jaziri]]<br /> <br /> === نام کتاب ===<br /> <br /> * [[Misbah al-Fiqahah]]<br /> * Salsabil fi Usul al-Tajzi'ah wa al-I'rab<br /> <br /> ===نام‌ها===<br /> * Mousa: موسی<br /> * Mohammad Ishaq : محمداسحاق<br /> * Abolqassem: ابوالقاسم<br /> * Mohammad Sadeq: محمدصادق<br /> * Taqi: تقی<br /> * Mirza: میرزا<br /> * Javad: جواد<br /> * Mohammad Javad: محمدجواد<br /> * Lotfollah: لطف الله<br /> * Ahmad: احمد<br /> * Mohammad Baqer: محمدباقر<br /> * Mirza: میرزا<br /> * Ja'far: جعفر<br /> * Fazlollah: فضل الله<br /> * Abdolkarim: عبدالکریم<br /> ===نام‌های خانوادگی===<br /> * Fayyaz: فیاض<br /> * Musavi: موسوی<br /> * Khoei: خوئی<br /> * Rohani: روحانی<br /> * Mohaqqeq: محقق<br /> * Karaki: کرکی<br /> * Tabatabaei: طباطبائی<br /> * Qomi: قمی<br /> * Tabrizi: تبریزی<br /> * Shubairi: شبیری<br /> * Zanjani: زنجانی<br /> * Fazel: فاضل<br /> * Lankarani: لنکرانی<br /> * Safi: صافی<br /> * Golpaygani: گلپایگانی<br /> * Alidoost: علیدوست<br /> * Mulla: ملا<br /> * Naraqi: نراقی<br /> * Majlesi: مجلسی<br /> * Gilani: گیلانی<br /> * Kashfi: کشفی<br /> * Nouri: نوری<br /> * Haeri: حائری<br /> * Yazdi: یزدی<br /> * Haghighat: حقیقت<br /> <br /> == اصطلاحات ==<br /> * [[disliked (makruh)]]<br /> * no necessary connection : ملازمه منجزی<br /> * sayyid<br /> * contemporary scholars of Usul al-fiqh : فقهای اصولی<br /> * [[Maliki school]]<br /> * [[Shafi'i school]]<br /> * Advanced Jurisprudence (Kharij) : خارج فقه<br /> * the principle of interdependence: قاعده ملازمه<br /> * principle of interdependence at the macro level : قاعده ملازمه کبروی<br /> *Rational proof of innocence: برائت عقلی<br /> *Rational precaution: احتیاط عقلی<br /> *the repugnance of punishment without warning (qubh al-'iqab bila bayan)<br /> *the right of obedience (haqq al-ta'ah)<br /> *[[age of occultation (ghaybah)]]<br /> *fundamental boundaries: خطوط قرمز در اصطلاح فقهی<br /> *Istislah (public interest)<br /> *abominations and evil deeds: فحشاء و منکر<br /> *disengagement: عدم تعهد<br /> *unreliable conjecture (zann): ظن غیر معتبر<br /> *Istihsan (juristic preference): استحسان<br /> *pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف<br /> *enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Guardianship (Wilayah)<br /> *non-litigious matters (al-omour al-hesbiah)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Ijtihad: اجتهاد<br /> *[[rule of the bed (qā'idat al-firāsh)]] : قاعده فراش<br /> *'''Artificial Procreation: انجاب/تولید مثل'''<br /> *Common Religious Consciousness: ارتکاز<br /> *Declaratory Law: حکم تکلیفی<br /> *Unrelated individual person/ Non-mahram: نامحرم<br /> *scenario: فرض (فقهی)<br /> *prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود<br /> *Coitus: نزدیکی جنسی <br /> *IVF: لقاح خارج از رحم<br /> *The Principle of Precaution: اصالة الاحتیاط<br /> *Recipient (Gestational mother): صاحب رحم<br /> *Transplantation: پیوند (اعضای بدن)<br /> *Rational purpose: غرض عقلایی<br /> *Undue hardship: حرج<br /> *Consummated marriage: زنی که با او نزدیکی شده<br /> *Marital prohibitions (''Mahramiyah''): حرمت نکاح<br /> *Ensoulment (''Nafkh al-Rūḥ''): ولوج روح<br /> *Quranic Deduction: استنباط از قرآن<br /> *Provenance: صدور<br /> *Semantical: دلالت<br /> *Conventional language: زبان عرفی<br /> *The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت<br /> *Evolutionary nature of knowledge: تکمیل معرفت بشری<br /> *Intellect: عقل در اصطلاح فقهی<br /> *scholar: روحانی، آخوند<br /> *Biographical Evaluation: رجال<br /> *Guardianship of the Jurist: ولایت فقیه<br /> *Inerrancy: عصمت<br /> *The Infallibles: معصومین<br /> *Apprehended Significance: دلالت تصوری<br /> *Preferability: ارجحیت<br /> *Variable Rulings: احکام متغیر<br /> *Superseded or rendered void: حکمی که دیگر کارکرد ندارد<br /> *Traditionalist Jurisprudence: فقه سنتی<br /> *Teleological: غایت گرا<br /> *State-centric Jurisprudence: فقه حکومتی<br /> *Legal Derivation: استنباط احکام<br /> *Laypeople: مقلد<br /> *Solitary Tradition: خبر واحد<br /> *Forbidden Medicaments: درمان با محرمات<br /> *Jurisprudential Inquiries: استفتائات<br /> *Medical Screening: غربالگری<br /> *Civil Liability: ضمان قهری<br /> *State of Necessity: قاعده الضرورات تبیح المحظورات<br /> *Inebriants: مسکرات<br /> *Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه<br /> *The Public Treasury: بیت المال<br /> *Violation of Professional Oaths: نقض قسم<br /> *Illicit Enrichment: اکل مال به باطل<br /> *Rule of Liability: قاعده ضمان<br /> *Direct Skin-to-Skin Contact: لمس بدون واسطه<br /> *Legal Incompetents: فرد محجور<br /> *Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی<br /> *Emergent Jurisprudential Issues: مسائل مستحدثه<br /> *The Practice of the Religious Community: سیره متشرعه<br /> *Linguistic Principles: اصول لفظیه<br /> *Practical Principles: اصول عملیه<br /> *Juridical Consensus: اجماع فقهی<br /> *General Evidences: قواعد عام فقهی<br /> *Legal Presumption: اصل (در مقام شک)<br /> *Gender Intermixing: اختلاط زن و مرد<br /> *Inherent Dignity: کرامت انسانی<br /> *Financial Maintenance: نفقه<br /> *The Conduct of the Rational: سیره عقلاء<br /> <br /> == الگوهای دانشنامه ==<br /> * This category is created for articles related to [Name of the Person].</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&diff=2741 2026-05-12T08:53:54Z

<p>Sarfipour: /* اصطلاحات */</p> <hr /> <div>== اعلام ==<br /> === نام های خاص عربی ===<br /> <br /> * [[Abd al-Rahman al-Jaziri]]<br /> <br /> === نام کتاب ===<br /> <br /> * [[Misbah al-Fiqahah]]<br /> * Salsabil fi Usul al-Tajzi'ah wa al-I'rab<br /> <br /> ===نام‌ها===<br /> * Mousa: موسی<br /> * Mohammad Ishaq : محمداسحاق<br /> * Abolqassem: ابوالقاسم<br /> * Mohammad Sadeq: محمدصادق<br /> * Taqi: تقی<br /> * Mirza: میرزا<br /> * Javad: جواد<br /> * Mohammad Javad: محمدجواد<br /> * Lotfollah: لطف الله<br /> * Ahmad: احمد<br /> * Mohammad Baqer: محمدباقر<br /> * Mirza: میرزا<br /> * Ja'far: جعفر<br /> * Fazlollah: فضل الله<br /> * Abdolkarim: عبدالکریم<br /> ===نام‌های خانوادگی===<br /> * Fayyaz: فیاض<br /> * Musavi: موسوی<br /> * Khoei: خوئی<br /> * Rohani: روحانی<br /> * Mohaqqeq: محقق<br /> * Karaki: کرکی<br /> * Tabatabaei: طباطبائی<br /> * Qomi: قمی<br /> * Tabrizi: تبریزی<br /> * Shubairi: شبیری<br /> * Zanjani: زنجانی<br /> * Fazel: فاضل<br /> * Lankarani: لنکرانی<br /> * Safi: صافی<br /> * Golpaygani: گلپایگانی<br /> * Alidoost: علیدوست<br /> * Mulla: ملا<br /> * Naraqi: نراقی<br /> * Majlesi: مجلسی<br /> * Gilani: گیلانی<br /> * Kashfi: کشفی<br /> * Nouri: نوری<br /> * Haeri: حائری<br /> * Yazdi: یزدی<br /> * Haghighat: حقیقت<br /> <br /> == اصطلاحات ==<br /> * [[disliked (makruh)]]<br /> * no necessary connection : ملازمه منجزی<br /> * sayyid<br /> * contemporary scholars of Usul al-fiqh : فقهای اصولی<br /> * [[Maliki school]]<br /> * [[Shafi'i school]]<br /> * Advanced Jurisprudence (Kharij) : خارج فقه<br /> * the principle of interdependence: قاعده ملازمه<br /> * principle of interdependence at the macro level : قاعده ملازمه کبروی<br /> *Rational proof of innocence: برائت عقلی<br /> *Rational precaution: احتیاط عقلی<br /> *the repugnance of punishment without warning (qubh al-'iqab bila bayan)<br /> *the right of obedience (haqq al-ta'ah)<br /> *[[age of occultation (ghaybah)]]<br /> *fundamental boundaries: خطوط قرمز در اصطلاح فقهی<br /> *Istislah (public interest)<br /> *abominations and evil deeds: فحشاء و منکر<br /> *disengagement: عدم تعهد<br /> *unreliable conjecture (zann): ظن غیر معتبر<br /> *Istihsan (juristic preference): استحسان<br /> *pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف<br /> *enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Guardianship (Wilayah)<br /> *non-litigious matters (al-omour al-hesbiah)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Ijtihad: اجتهاد<br /> *[[rule of the bed (qā'idat al-firāsh)]] : قاعده فراش<br /> *'''Artificial Procreation: انجاب/تولید مثل'''<br /> *Common Religious Consciousness: ارتکاز<br /> *Declaratory Law: حکم تکلیفی<br /> *Unrelated individual person/ Non-mahram: نامحرم<br /> *scenario: فرض (فقهی)<br /> *prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود<br /> *Coitus: نزدیکی جنسی <br /> *IVF: لقاح خارج از رحم<br /> *The Principle of Precaution: اصالة الاحتیاط<br /> *Recipient (Gestational mother): صاحب رحم<br /> *Transplantation: پیوند (اعضای بدن)<br /> *Rational purpose: غرض عقلایی<br /> *Undue hardship: حرج<br /> *Consummated marriage: زنی که با او نزدیکی شده<br /> *Marital prohibitions (''Mahramiyah''): حرمت نکاح<br /> *Ensoulment (''Nafkh al-Rūḥ''): ولوج روح<br /> *Quranic Deduction: استنباط از قرآن<br /> *Provenance: صدور<br /> *Semantical: دلالت<br /> *Conventional language: زبان عرفی<br /> *The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت<br /> *Evolutionary nature of knowledge: تکمیل معرفت بشری<br /> *Intellect: عقل در اصطلاح فقهی<br /> *scholar: روحانی، آخوند<br /> *Biographical Evaluation: رجال<br /> *Guardianship of the Jurist: ولایت فقیه<br /> *Inerrancy: عصمت<br /> *The Infallibles: معصومین<br /> *Apprehended Significance: دلالت تصوری<br /> *Preferability: ارجحیت<br /> *Variable Rulings: احکام متغیر<br /> *Superseded or rendered void: حکمی که دیگر کارکرد ندارد<br /> *Traditionalist Jurisprudence: فقه سنتی<br /> *Teleological: غایت گرا<br /> *State-centric Jurisprudence: فقه حکومتی<br /> *Legal Derivation: استنباط احکام<br /> *Laypeople: مقلد<br /> *Solitary Tradition: خبر واحد<br /> *Forbidden Medicaments: درمان با محرمات<br /> *Jurisprudential Inquiries: استفتائات<br /> *Medical Screening: غربالگری<br /> *Civil Liability: ضمان قهری<br /> *State of Necessity: قاعده الضرورات تبیح المحظورات<br /> *Inebriants: مسکرات<br /> *Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه<br /> *The Public Treasury: بیت المال<br /> *Violation of Professional Oaths: نقض قسم<br /> *Illicit Enrichment: اکل مال به باطل<br /> *Rule of Liability: قاعده ضمان<br /> *Direct Skin-to-Skin Contact: لمس بدون واسطه<br /> *Legal Incompetents: فرد محجور<br /> *Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی<br /> *Emergent Jurisprudential Issues: مسائل مستحدثه<br /> *The Practice of the Religious Community: سیره متشرعه<br /> *Linguistic Principles: اصول لفظیه<br /> *Practical Principles: اصول عملیه<br /> *Juridical Consensus: اجماع فقهی<br /> *General Evidences: قواعد عام فقهی<br /> *Legal Presumption: اصل (در مقام شک)<br /> *Gender Intermixing: اختلاط زن و مرد<br /> *Inherent Dignity: کرامت انسانی<br /> *Financial Maintenance: نفقه<br /> <br /> == الگوهای دانشنامه ==<br /> * This category is created for articles related to [Name of the Person].</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&diff=2740 2026-05-12T08:06:03Z

<p>Sarfipour: /* اصطلاحات */</p> <hr /> <div>== اعلام ==<br /> === نام های خاص عربی ===<br /> <br /> * [[Abd al-Rahman al-Jaziri]]<br /> <br /> === نام کتاب ===<br /> <br /> * [[Misbah al-Fiqahah]]<br /> * Salsabil fi Usul al-Tajzi'ah wa al-I'rab<br /> <br /> ===نام‌ها===<br /> * Mousa: موسی<br /> * Mohammad Ishaq : محمداسحاق<br /> * Abolqassem: ابوالقاسم<br /> * Mohammad Sadeq: محمدصادق<br /> * Taqi: تقی<br /> * Mirza: میرزا<br /> * Javad: جواد<br /> * Mohammad Javad: محمدجواد<br /> * Lotfollah: لطف الله<br /> * Ahmad: احمد<br /> * Mohammad Baqer: محمدباقر<br /> * Mirza: میرزا<br /> * Ja'far: جعفر<br /> * Fazlollah: فضل الله<br /> * Abdolkarim: عبدالکریم<br /> ===نام‌های خانوادگی===<br /> * Fayyaz: فیاض<br /> * Musavi: موسوی<br /> * Khoei: خوئی<br /> * Rohani: روحانی<br /> * Mohaqqeq: محقق<br /> * Karaki: کرکی<br /> * Tabatabaei: طباطبائی<br /> * Qomi: قمی<br /> * Tabrizi: تبریزی<br /> * Shubairi: شبیری<br /> * Zanjani: زنجانی<br /> * Fazel: فاضل<br /> * Lankarani: لنکرانی<br /> * Safi: صافی<br /> * Golpaygani: گلپایگانی<br /> * Alidoost: علیدوست<br /> * Mulla: ملا<br /> * Naraqi: نراقی<br /> * Majlesi: مجلسی<br /> * Gilani: گیلانی<br /> * Kashfi: کشفی<br /> * Nouri: نوری<br /> * Haeri: حائری<br /> * Yazdi: یزدی<br /> * Haghighat: حقیقت<br /> <br /> == اصطلاحات ==<br /> * [[disliked (makruh)]]<br /> * no necessary connection : ملازمه منجزی<br /> * sayyid<br /> * contemporary scholars of Usul al-fiqh : فقهای اصولی<br /> * [[Maliki school]]<br /> * [[Shafi'i school]]<br /> * Advanced Jurisprudence (Kharij) : خارج فقه<br /> * the principle of interdependence: قاعده ملازمه<br /> * principle of interdependence at the macro level : قاعده ملازمه کبروی<br /> *Rational proof of innocence: برائت عقلی<br /> *Rational precaution: احتیاط عقلی<br /> *the repugnance of punishment without warning (qubh al-'iqab bila bayan)<br /> *the right of obedience (haqq al-ta'ah)<br /> *[[age of occultation (ghaybah)]]<br /> *fundamental boundaries: خطوط قرمز در اصطلاح فقهی<br /> *Istislah (public interest)<br /> *abominations and evil deeds: فحشاء و منکر<br /> *disengagement: عدم تعهد<br /> *unreliable conjecture (zann): ظن غیر معتبر<br /> *Istihsan (juristic preference): استحسان<br /> *pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف<br /> *enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Guardianship (Wilayah)<br /> *non-litigious matters (al-omour al-hesbiah)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Ijtihad: اجتهاد<br /> *[[rule of the bed (qā'idat al-firāsh)]] : قاعده فراش<br /> *'''Artificial Procreation: انجاب/تولید مثل'''<br /> *Common Religious Consciousness: ارتکاز<br /> *Declaratory Law: حکم تکلیفی<br /> *Unrelated individual person/ Non-mahram: نامحرم<br /> *scenario: فرض (فقهی)<br /> *prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود<br /> *Coitus: نزدیکی جنسی <br /> *IVF: لقاح خارج از رحم<br /> *The Principle of Precaution: اصالة الاحتیاط<br /> *Recipient (Gestational mother): صاحب رحم<br /> *Transplantation: پیوند (اعضای بدن)<br /> *Rational purpose: غرض عقلایی<br /> *Undue hardship: حرج<br /> *Consummated marriage: زنی که با او نزدیکی شده<br /> *Marital prohibitions (''Mahramiyah''): حرمت نکاح<br /> *Ensoulment (''Nafkh al-Rūḥ''): ولوج روح<br /> *Quranic Deduction: استنباط از قرآن<br /> *Provenance: صدور<br /> *Semantical: دلالت<br /> *Conventional language: زبان عرفی<br /> *The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت<br /> *Evolutionary nature of knowledge: تکمیل معرفت بشری<br /> *Intellect: عقل در اصطلاح فقهی<br /> *scholar: روحانی، آخوند<br /> *Biographical Evaluation: رجال<br /> *Guardianship of the Jurist: ولایت فقیه<br /> *Inerrancy: عصمت<br /> *The Infallibles: معصومین<br /> *Apprehended Significance: دلالت تصوری<br /> *Preferability: ارجحیت<br /> *Variable Rulings: احکام متغیر<br /> *Superseded or rendered void: حکمی که دیگر کارکرد ندارد<br /> *Traditionalist Jurisprudence: فقه سنتی<br /> *Teleological: غایت گرا<br /> *State-centric Jurisprudence: فقه حکومتی<br /> *Legal Derivation: استنباط احکام<br /> *Laypeople: مقلد<br /> *Solitary Tradition: خبر واحد<br /> *Forbidden Medicaments: درمان با محرمات<br /> *Jurisprudential Inquiries: استفتائات<br /> *Medical Screening: غربالگری<br /> *Civil Liability: ضمان قهری<br /> *State of Necessity: قاعده الضرورات تبیح المحظورات<br /> *Inebriants: مسکرات<br /> *Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه<br /> *The Public Treasury: بیت المال<br /> *Violation of Professional Oaths: نقض قسم<br /> *Illicit Enrichment: اکل مال به باطل<br /> *Rule of Liability: قاعده ضمان<br /> *Direct Skin-to-Skin Contact: لمس بدون واسطه<br /> *Legal Incompetents: فرد محجور<br /> *Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی<br /> *Emergent Jurisprudential Issues: مسائل مستحدثه<br /> *The Practice of the Religious Community: سیره متشرعه<br /> *Linguistic Principles: اصول لفظیه<br /> *Practical Principles: اصول عملیه<br /> *Juridical Consensus: اجماع فقهی<br /> *General Evidences: قواعد عام فقهی<br /> *Legal Presumption: اصل (در مقام شک)<br /> *Gender Intermixing: اختلاط زن و مرد<br /> *Inherent Dignity: کرامت انسانی<br /> <br /> == الگوهای دانشنامه ==<br /> * This category is created for articles related to [Name of the Person].</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&diff=2739 2026-05-12T07:39:04Z

<p>Sarfipour: /* اصطلاحات */</p> <hr /> <div>== اعلام ==<br /> === نام های خاص عربی ===<br /> <br /> * [[Abd al-Rahman al-Jaziri]]<br /> <br /> === نام کتاب ===<br /> <br /> * [[Misbah al-Fiqahah]]<br /> * Salsabil fi Usul al-Tajzi'ah wa al-I'rab<br /> <br /> ===نام‌ها===<br /> * Mousa: موسی<br /> * Mohammad Ishaq : محمداسحاق<br /> * Abolqassem: ابوالقاسم<br /> * Mohammad Sadeq: محمدصادق<br /> * Taqi: تقی<br /> * Mirza: میرزا<br /> * Javad: جواد<br /> * Mohammad Javad: محمدجواد<br /> * Lotfollah: لطف الله<br /> * Ahmad: احمد<br /> * Mohammad Baqer: محمدباقر<br /> * Mirza: میرزا<br /> * Ja'far: جعفر<br /> * Fazlollah: فضل الله<br /> * Abdolkarim: عبدالکریم<br /> ===نام‌های خانوادگی===<br /> * Fayyaz: فیاض<br /> * Musavi: موسوی<br /> * Khoei: خوئی<br /> * Rohani: روحانی<br /> * Mohaqqeq: محقق<br /> * Karaki: کرکی<br /> * Tabatabaei: طباطبائی<br /> * Qomi: قمی<br /> * Tabrizi: تبریزی<br /> * Shubairi: شبیری<br /> * Zanjani: زنجانی<br /> * Fazel: فاضل<br /> * Lankarani: لنکرانی<br /> * Safi: صافی<br /> * Golpaygani: گلپایگانی<br /> * Alidoost: علیدوست<br /> * Mulla: ملا<br /> * Naraqi: نراقی<br /> * Majlesi: مجلسی<br /> * Gilani: گیلانی<br /> * Kashfi: کشفی<br /> * Nouri: نوری<br /> * Haeri: حائری<br /> * Yazdi: یزدی<br /> * Haghighat: حقیقت<br /> <br /> == اصطلاحات ==<br /> * [[disliked (makruh)]]<br /> * no necessary connection : ملازمه منجزی<br /> * sayyid<br /> * contemporary scholars of Usul al-fiqh : فقهای اصولی<br /> * [[Maliki school]]<br /> * [[Shafi'i school]]<br /> * Advanced Jurisprudence (Kharij) : خارج فقه<br /> * the principle of interdependence: قاعده ملازمه<br /> * principle of interdependence at the macro level : قاعده ملازمه کبروی<br /> *Rational proof of innocence: برائت عقلی<br /> *Rational precaution: احتیاط عقلی<br /> *the repugnance of punishment without warning (qubh al-'iqab bila bayan)<br /> *the right of obedience (haqq al-ta'ah)<br /> *[[age of occultation (ghaybah)]]<br /> *fundamental boundaries: خطوط قرمز در اصطلاح فقهی<br /> *Istislah (public interest)<br /> *abominations and evil deeds: فحشاء و منکر<br /> *disengagement: عدم تعهد<br /> *unreliable conjecture (zann): ظن غیر معتبر<br /> *Istihsan (juristic preference): استحسان<br /> *pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف<br /> *enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Guardianship (Wilayah)<br /> *non-litigious matters (al-omour al-hesbiah)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Ijtihad: اجتهاد<br /> *[[rule of the bed (qā'idat al-firāsh)]] : قاعده فراش<br /> *'''Artificial Procreation: انجاب/تولید مثل'''<br /> *Common Religious Consciousness: ارتکاز<br /> *Declaratory Law: حکم تکلیفی<br /> *Unrelated individual person/ Non-mahram: نامحرم<br /> *scenario: فرض (فقهی)<br /> *prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود<br /> *Coitus: نزدیکی جنسی <br /> *IVF: لقاح خارج از رحم<br /> *The Principle of Precaution: اصالة الاحتیاط<br /> *Recipient (Gestational mother): صاحب رحم<br /> *Transplantation: پیوند (اعضای بدن)<br /> *Rational purpose: غرض عقلایی<br /> *Undue hardship: حرج<br /> *Consummated marriage: زنی که با او نزدیکی شده<br /> *Marital prohibitions (''Mahramiyah''): حرمت نکاح<br /> *Ensoulment (''Nafkh al-Rūḥ''): ولوج روح<br /> *Quranic Deduction: استنباط از قرآن<br /> *Provenance: صدور<br /> *Semantical: دلالت<br /> *Conventional language: زبان عرفی<br /> *The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت<br /> *Evolutionary nature of knowledge: تکمیل معرفت بشری<br /> *Intellect: عقل در اصطلاح فقهی<br /> *scholar: روحانی، آخوند<br /> *Biographical Evaluation: رجال<br /> *Guardianship of the Jurist: ولایت فقیه<br /> *Inerrancy: عصمت<br /> *The Infallibles: معصومین<br /> *Apprehended Significance: دلالت تصوری<br /> *Preferability: ارجحیت<br /> *Variable Rulings: احکام متغیر<br /> *Superseded or rendered void: حکمی که دیگر کارکرد ندارد<br /> *Traditionalist Jurisprudence: فقه سنتی<br /> *Teleological: غایت گرا<br /> *State-centric Jurisprudence: فقه حکومتی<br /> *Legal Derivation: استنباط احکام<br /> *Laypeople: مقلد<br /> *Solitary Tradition: خبر واحد<br /> *Forbidden Medicaments: درمان با محرمات<br /> *Jurisprudential Inquiries: استفتائات<br /> *Medical Screening: غربالگری<br /> *Civil Liability: ضمان قهری<br /> *State of Necessity: قاعده الضرورات تبیح المحظورات<br /> *Inebriants: مسکرات<br /> *Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه<br /> *The Public Treasury: بیت المال<br /> *Violation of Professional Oaths: نقض قسم<br /> *Illicit Enrichment: اکل مال به باطل<br /> *Rule of Liability: قاعده ضمان<br /> *Direct Skin-to-Skin Contact: لمس بدون واسطه<br /> *Legal Incompetents: فرد محجور<br /> *Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی<br /> *Emergent Jurisprudential Issues: مسائل مستحدثه<br /> *The Practice of the Religious Community: سیره متشرعه<br /> *Linguistic Principles: اصول لفظیه<br /> *Practical Principles: اصول عملیه<br /> *Juridical Consensus: اجماع فقهی<br /> *General Evidences: قواعد عام فقهی<br /> *Legal Presumption: اصل (در مقام شک)<br /> *Gender Intermixing: اختلاط زن و مرد<br /> <br /> == الگوهای دانشنامه ==<br /> * This category is created for articles related to [Name of the Person].</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&diff=2738 2026-05-11T14:08:39Z

<p>Sarfipour: /* اصطلاحات */</p> <hr /> <div>== اعلام ==<br /> === نام های خاص عربی ===<br /> <br /> * [[Abd al-Rahman al-Jaziri]]<br /> <br /> === نام کتاب ===<br /> <br /> * [[Misbah al-Fiqahah]]<br /> * Salsabil fi Usul al-Tajzi'ah wa al-I'rab<br /> <br /> ===نام‌ها===<br /> * Mousa: موسی<br /> * Mohammad Ishaq : محمداسحاق<br /> * Abolqassem: ابوالقاسم<br /> * Mohammad Sadeq: محمدصادق<br /> * Taqi: تقی<br /> * Mirza: میرزا<br /> * Javad: جواد<br /> * Mohammad Javad: محمدجواد<br /> * Lotfollah: لطف الله<br /> * Ahmad: احمد<br /> * Mohammad Baqer: محمدباقر<br /> * Mirza: میرزا<br /> * Ja'far: جعفر<br /> * Fazlollah: فضل الله<br /> * Abdolkarim: عبدالکریم<br /> ===نام‌های خانوادگی===<br /> * Fayyaz: فیاض<br /> * Musavi: موسوی<br /> * Khoei: خوئی<br /> * Rohani: روحانی<br /> * Mohaqqeq: محقق<br /> * Karaki: کرکی<br /> * Tabatabaei: طباطبائی<br /> * Qomi: قمی<br /> * Tabrizi: تبریزی<br /> * Shubairi: شبیری<br /> * Zanjani: زنجانی<br /> * Fazel: فاضل<br /> * Lankarani: لنکرانی<br /> * Safi: صافی<br /> * Golpaygani: گلپایگانی<br /> * Alidoost: علیدوست<br /> * Mulla: ملا<br /> * Naraqi: نراقی<br /> * Majlesi: مجلسی<br /> * Gilani: گیلانی<br /> * Kashfi: کشفی<br /> * Nouri: نوری<br /> * Haeri: حائری<br /> * Yazdi: یزدی<br /> * Haghighat: حقیقت<br /> <br /> == اصطلاحات ==<br /> * [[disliked (makruh)]]<br /> * no necessary connection : ملازمه منجزی<br /> * sayyid<br /> * contemporary scholars of Usul al-fiqh : فقهای اصولی<br /> * [[Maliki school]]<br /> * [[Shafi'i school]]<br /> * Advanced Jurisprudence (Kharij) : خارج فقه<br /> * the principle of interdependence: قاعده ملازمه<br /> * principle of interdependence at the macro level : قاعده ملازمه کبروی<br /> *Rational proof of innocence: برائت عقلی<br /> *Rational precaution: احتیاط عقلی<br /> *the repugnance of punishment without warning (qubh al-'iqab bila bayan)<br /> *the right of obedience (haqq al-ta'ah)<br /> *[[age of occultation (ghaybah)]]<br /> *fundamental boundaries: خطوط قرمز در اصطلاح فقهی<br /> *Istislah (public interest)<br /> *abominations and evil deeds: فحشاء و منکر<br /> *disengagement: عدم تعهد<br /> *unreliable conjecture (zann): ظن غیر معتبر<br /> *Istihsan (juristic preference): استحسان<br /> *pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف<br /> *enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Guardianship (Wilayah)<br /> *non-litigious matters (al-omour al-hesbiah)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Ijtihad: اجتهاد<br /> *[[rule of the bed (qā'idat al-firāsh)]] : قاعده فراش<br /> *'''Artificial Procreation: انجاب/تولید مثل'''<br /> *Common Religious Consciousness: ارتکاز<br /> *Declaratory Law: حکم تکلیفی<br /> *Unrelated individual person/ Non-mahram: نامحرم<br /> *scenario: فرض (فقهی)<br /> *prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود<br /> *Coitus: نزدیکی جنسی <br /> *IVF: لقاح خارج از رحم<br /> *The Principle of Precaution: اصالة الاحتیاط<br /> *Recipient (Gestational mother): صاحب رحم<br /> *Transplantation: پیوند (اعضای بدن)<br /> *Rational purpose: غرض عقلایی<br /> *Undue hardship: حرج<br /> *Consummated marriage: زنی که با او نزدیکی شده<br /> *Marital prohibitions (''Mahramiyah''): حرمت نکاح<br /> *Ensoulment (''Nafkh al-Rūḥ''): ولوج روح<br /> *Quranic Deduction: استنباط از قرآن<br /> *Provenance: صدور<br /> *Semantical: دلالت<br /> *Conventional language: زبان عرفی<br /> *The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت<br /> *Evolutionary nature of knowledge: تکمیل معرفت بشری<br /> *Intellect: عقل در اصطلاح فقهی<br /> *scholar: روحانی، آخوند<br /> *Biographical Evaluation: رجال<br /> *Guardianship of the Jurist: ولایت فقیه<br /> *Inerrancy: عصمت<br /> *The Infallibles: معصومین<br /> *Apprehended Significance: دلالت تصوری<br /> *Preferability: ارجحیت<br /> *Variable Rulings: احکام متغیر<br /> *Superseded or rendered void: حکمی که دیگر کارکرد ندارد<br /> *Traditionalist Jurisprudence: فقه سنتی<br /> *Teleological: غایت گرا<br /> *State-centric Jurisprudence: فقه حکومتی<br /> *Legal Derivation: استنباط احکام<br /> *Laypeople: مقلد<br /> *Solitary Tradition: خبر واحد<br /> *Forbidden Medicaments: درمان با محرمات<br /> *Jurisprudential Inquiries: استفتائات<br /> *Medical Screening: غربالگری<br /> *Civil Liability: ضمان قهری<br /> *State of Necessity: قاعده الضرورات تبیح المحظورات<br /> *Inebriants: مسکرات<br /> *Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه<br /> *The Public Treasury: بیت المال<br /> *Violation of Professional Oaths: نقض قسم<br /> *Illicit Enrichment: اکل مال به باطل<br /> *Rule of Liability: قاعده ضمان<br /> *Direct Skin-to-Skin Contact: لمس بدون واسطه<br /> *Legal Incompetents: فرد محجور<br /> *Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی<br /> *Emergent Jurisprudential Issues: مسائل مستحدثه<br /> *The Practice of the Religious Community: سیره متشرعه<br /> *Linguistic Principles: اصول لفظیه<br /> *Practical Principles: اصول عملیه<br /> *Juridical Consensus: اجماع فقهی<br /> *General Evidences: قواعد عام فقهی<br /> *Legal Presumption: اصل (در مقام شک)<br /> <br /> == الگوهای دانشنامه ==<br /> * This category is created for articles related to [Name of the Person].</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&diff=2737 2026-05-11T14:04:24Z

<p>Sarfipour: /* اصطلاحات */</p> <hr /> <div>== اعلام ==<br /> === نام های خاص عربی ===<br /> <br /> * [[Abd al-Rahman al-Jaziri]]<br /> <br /> === نام کتاب ===<br /> <br /> * [[Misbah al-Fiqahah]]<br /> * Salsabil fi Usul al-Tajzi'ah wa al-I'rab<br /> <br /> ===نام‌ها===<br /> * Mousa: موسی<br /> * Mohammad Ishaq : محمداسحاق<br /> * Abolqassem: ابوالقاسم<br /> * Mohammad Sadeq: محمدصادق<br /> * Taqi: تقی<br /> * Mirza: میرزا<br /> * Javad: جواد<br /> * Mohammad Javad: محمدجواد<br /> * Lotfollah: لطف الله<br /> * Ahmad: احمد<br /> * Mohammad Baqer: محمدباقر<br /> * Mirza: میرزا<br /> * Ja'far: جعفر<br /> * Fazlollah: فضل الله<br /> * Abdolkarim: عبدالکریم<br /> ===نام‌های خانوادگی===<br /> * Fayyaz: فیاض<br /> * Musavi: موسوی<br /> * Khoei: خوئی<br /> * Rohani: روحانی<br /> * Mohaqqeq: محقق<br /> * Karaki: کرکی<br /> * Tabatabaei: طباطبائی<br /> * Qomi: قمی<br /> * Tabrizi: تبریزی<br /> * Shubairi: شبیری<br /> * Zanjani: زنجانی<br /> * Fazel: فاضل<br /> * Lankarani: لنکرانی<br /> * Safi: صافی<br /> * Golpaygani: گلپایگانی<br /> * Alidoost: علیدوست<br /> * Mulla: ملا<br /> * Naraqi: نراقی<br /> * Majlesi: مجلسی<br /> * Gilani: گیلانی<br /> * Kashfi: کشفی<br /> * Nouri: نوری<br /> * Haeri: حائری<br /> * Yazdi: یزدی<br /> * Haghighat: حقیقت<br /> <br /> == اصطلاحات ==<br /> * [[disliked (makruh)]]<br /> * no necessary connection : ملازمه منجزی<br /> * sayyid<br /> * contemporary scholars of Usul al-fiqh : فقهای اصولی<br /> * [[Maliki school]]<br /> * [[Shafi'i school]]<br /> * Advanced Jurisprudence (Kharij) : خارج فقه<br /> * the principle of interdependence: قاعده ملازمه<br /> * principle of interdependence at the macro level : قاعده ملازمه کبروی<br /> *Rational proof of innocence: برائت عقلی<br /> *Rational precaution: احتیاط عقلی<br /> *the repugnance of punishment without warning (qubh al-'iqab bila bayan)<br /> *the right of obedience (haqq al-ta'ah)<br /> *[[age of occultation (ghaybah)]]<br /> *fundamental boundaries: خطوط قرمز در اصطلاح فقهی<br /> *Istislah (public interest)<br /> *abominations and evil deeds: فحشاء و منکر<br /> *disengagement: عدم تعهد<br /> *unreliable conjecture (zann): ظن غیر معتبر<br /> *Istihsan (juristic preference): استحسان<br /> *pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف<br /> *enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Guardianship (Wilayah)<br /> *non-litigious matters (al-omour al-hesbiah)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Ijtihad: اجتهاد<br /> *[[rule of the bed (qā'idat al-firāsh)]] : قاعده فراش<br /> *'''Artificial Procreation: انجاب/تولید مثل'''<br /> *Common Religious Consciousness: ارتکاز<br /> *Declaratory Law: حکم تکلیفی<br /> *Unrelated individual person/ Non-mahram: نامحرم<br /> *scenario: فرض (فقهی)<br /> *prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود<br /> *Coitus: نزدیکی جنسی <br /> *IVF: لقاح خارج از رحم<br /> *The Principle of Precaution: اصالة الاحتیاط<br /> *Recipient (Gestational mother): صاحب رحم<br /> *Transplantation: پیوند (اعضای بدن)<br /> *Rational purpose: غرض عقلایی<br /> *Undue hardship: حرج<br /> *Consummated marriage: زنی که با او نزدیکی شده<br /> *Marital prohibitions (''Mahramiyah''): حرمت نکاح<br /> *Ensoulment (''Nafkh al-Rūḥ''): ولوج روح<br /> *Quranic Deduction: استنباط از قرآن<br /> *Provenance: صدور<br /> *Semantical: دلالت<br /> *Conventional language: زبان عرفی<br /> *The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت<br /> *Evolutionary nature of knowledge: تکمیل معرفت بشری<br /> *Intellect: عقل در اصطلاح فقهی<br /> *scholar: روحانی، آخوند<br /> *Biographical Evaluation: رجال<br /> *Guardianship of the Jurist: ولایت فقیه<br /> *Inerrancy: عصمت<br /> *The Infallibles: معصومین<br /> *Apprehended Significance: دلالت تصوری<br /> *Preferability: ارجحیت<br /> *Variable Rulings: احکام متغیر<br /> *Superseded or rendered void: حکمی که دیگر کارکرد ندارد<br /> *Traditionalist Jurisprudence: فقه سنتی<br /> *Teleological: غایت گرا<br /> *State-centric Jurisprudence: فقه حکومتی<br /> *Legal Derivation: استنباط احکام<br /> *Laypeople: مقلد<br /> *Solitary Tradition: خبر واحد<br /> *Forbidden Medicaments: درمان با محرمات<br /> *Jurisprudential Inquiries: استفتائات<br /> *Medical Screening: غربالگری<br /> *Civil Liability: ضمان قهری<br /> *State of Necessity: قاعده الضرورات تبیح المحظورات<br /> *Inebriants: مسکرات<br /> *Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه<br /> *The Public Treasury: بیت المال<br /> *Violation of Professional Oaths: نقض قسم<br /> *Illicit Enrichment: اکل مال به باطل<br /> *Rule of Liability: قاعده ضمان<br /> *Direct Skin-to-Skin Contact: لمس بدون واسطه<br /> *Legal Incompetents: فرد محجور<br /> *Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی<br /> *Emergent Jurisprudential Issues: مسائل مستحدثه<br /> *The Practice of the Religious Community: سیره متشرعه<br /> *Linguistic Principles: اصول لفظیه<br /> *Practical Principles: اصول عملیه<br /> *Juridical Consensus: اجماع فقهی<br /> *General Evidences: قواعد عام فقهی<br /> <br /> == الگوهای دانشنامه ==<br /> * This category is created for articles related to [Name of the Person].</div>

Sarfipour https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&diff=2736 2026-05-11T14:00:31Z

<p>Sarfipour: /* اصطلاحات */</p> <hr /> <div>== اعلام ==<br /> === نام های خاص عربی ===<br /> <br /> * [[Abd al-Rahman al-Jaziri]]<br /> <br /> === نام کتاب ===<br /> <br /> * [[Misbah al-Fiqahah]]<br /> * Salsabil fi Usul al-Tajzi'ah wa al-I'rab<br /> <br /> ===نام‌ها===<br /> * Mousa: موسی<br /> * Mohammad Ishaq : محمداسحاق<br /> * Abolqassem: ابوالقاسم<br /> * Mohammad Sadeq: محمدصادق<br /> * Taqi: تقی<br /> * Mirza: میرزا<br /> * Javad: جواد<br /> * Mohammad Javad: محمدجواد<br /> * Lotfollah: لطف الله<br /> * Ahmad: احمد<br /> * Mohammad Baqer: محمدباقر<br /> * Mirza: میرزا<br /> * Ja'far: جعفر<br /> * Fazlollah: فضل الله<br /> * Abdolkarim: عبدالکریم<br /> ===نام‌های خانوادگی===<br /> * Fayyaz: فیاض<br /> * Musavi: موسوی<br /> * Khoei: خوئی<br /> * Rohani: روحانی<br /> * Mohaqqeq: محقق<br /> * Karaki: کرکی<br /> * Tabatabaei: طباطبائی<br /> * Qomi: قمی<br /> * Tabrizi: تبریزی<br /> * Shubairi: شبیری<br /> * Zanjani: زنجانی<br /> * Fazel: فاضل<br /> * Lankarani: لنکرانی<br /> * Safi: صافی<br /> * Golpaygani: گلپایگانی<br /> * Alidoost: علیدوست<br /> * Mulla: ملا<br /> * Naraqi: نراقی<br /> * Majlesi: مجلسی<br /> * Gilani: گیلانی<br /> * Kashfi: کشفی<br /> * Nouri: نوری<br /> * Haeri: حائری<br /> * Yazdi: یزدی<br /> * Haghighat: حقیقت<br /> <br /> == اصطلاحات ==<br /> * [[disliked (makruh)]]<br /> * no necessary connection : ملازمه منجزی<br /> * sayyid<br /> * contemporary scholars of Usul al-fiqh : فقهای اصولی<br /> * [[Maliki school]]<br /> * [[Shafi'i school]]<br /> * Advanced Jurisprudence (Kharij) : خارج فقه<br /> * the principle of interdependence: قاعده ملازمه<br /> * principle of interdependence at the macro level : قاعده ملازمه کبروی<br /> *Rational proof of innocence: برائت عقلی<br /> *Rational precaution: احتیاط عقلی<br /> *the repugnance of punishment without warning (qubh al-'iqab bila bayan)<br /> *the right of obedience (haqq al-ta'ah)<br /> *[[age of occultation (ghaybah)]]<br /> *fundamental boundaries: خطوط قرمز در اصطلاح فقهی<br /> *Istislah (public interest)<br /> *abominations and evil deeds: فحشاء و منکر<br /> *disengagement: عدم تعهد<br /> *unreliable conjecture (zann): ظن غیر معتبر<br /> *Istihsan (juristic preference): استحسان<br /> *pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف<br /> *enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Guardianship (Wilayah)<br /> *non-litigious matters (al-omour al-hesbiah)<br /> *Hudud (fixed punishments under Islamic law)<br /> *Ijtihad: اجتهاد<br /> *[[rule of the bed (qā'idat al-firāsh)]] : قاعده فراش<br /> *'''Artificial Procreation: انجاب/تولید مثل'''<br /> *Common Religious Consciousness: ارتکاز<br /> *Declaratory Law: حکم تکلیفی<br /> *Unrelated individual person/ Non-mahram: نامحرم<br /> *scenario: فرض (فقهی)<br /> *prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود<br /> *Coitus: نزدیکی جنسی <br /> *IVF: لقاح خارج از رحم<br /> *The Principle of Precaution: اصالة الاحتیاط<br /> *Recipient (Gestational mother): صاحب رحم<br /> *Transplantation: پیوند (اعضای بدن)<br /> *Rational purpose: غرض عقلایی<br /> *Undue hardship: حرج<br /> *Consummated marriage: زنی که با او نزدیکی شده<br /> *Marital prohibitions (''Mahramiyah''): حرمت نکاح<br /> *Ensoulment (''Nafkh al-Rūḥ''): ولوج روح<br /> *Quranic Deduction: استنباط از قرآن<br /> *Provenance: صدور<br /> *Semantical: دلالت<br /> *Conventional language: زبان عرفی<br /> *The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت<br /> *Evolutionary nature of knowledge: تکمیل معرفت بشری<br /> *Intellect: عقل در اصطلاح فقهی<br /> *scholar: روحانی، آخوند<br /> *Biographical Evaluation: رجال<br /> *Guardianship of the Jurist: ولایت فقیه<br /> *Inerrancy: عصمت<br /> *The Infallibles: معصومین<br /> *Apprehended Significance: دلالت تصوری<br /> *Preferability: ارجحیت<br /> *Variable Rulings: احکام متغیر<br /> *Superseded or rendered void: حکمی که دیگر کارکرد ندارد<br /> *Traditionalist Jurisprudence: فقه سنتی<br /> *Teleological: غایت گرا<br /> *State-centric Jurisprudence: فقه حکومتی<br /> *Legal Derivation: استنباط احکام<br /> *Laypeople: مقلد<br /> *Solitary Tradition: خبر واحد<br /> *Forbidden Medicaments: درمان با محرمات<br /> *Jurisprudential Inquiries: استفتائات<br /> *Medical Screening: غربالگری<br /> *Civil Liability: ضمان قهری<br /> *State of Necessity: قاعده الضرورات تبیح المحظورات<br /> *Inebriants: مسکرات<br /> *Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه<br /> *The Public Treasury: بیت المال<br /> *Violation of Professional Oaths: نقض قسم<br /> *Illicit Enrichment: اکل مال به باطل<br /> *Rule of Liability: قاعده ضمان<br /> *Direct Skin-to-Skin Contact: لمس بدون واسطه<br /> *Legal Incompetents: فرد محجور<br /> *Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی<br /> *Emergent Jurisprudential Issues: مسائل مستحدثه<br /> *The Practice of the Religious Community: سیره متشرعه<br /> *Linguistic Principles: اصول لفظیه<br /> *Practical Principles: اصول عملیه<br /> *Juridical Consensus: اجماع فقهی<br /> <br /> == الگوهای دانشنامه ==<br /> * This category is created for articles related to [Name of the Person].</div>

Sarfipour