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		<summary type="html">&lt;p&gt;Sarfipour: /* Structure of the Book */&lt;/p&gt;
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&lt;div&gt;{{infobox book&lt;br /&gt;
| title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg&lt;br /&gt;
| caption = &amp;lt;!-- Add caption for the image --&amp;gt;&lt;br /&gt;
| other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī&lt;br /&gt;
| main title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| author = Mohammad Javad Asadi&lt;br /&gt;
| date of writing = 2021&lt;br /&gt;
| subject = Espionage, Counter-espionage, Islamic Jurisprudence&lt;br /&gt;
| style = Analytical, Jurisprudential&lt;br /&gt;
| language = Persian&lt;br /&gt;
| main language = Persian&lt;br /&gt;
| editor = &amp;lt;!-- Add editor name if available --&amp;gt;&lt;br /&gt;
| textual editing = &amp;lt;!-- Add textual editing details if relevant --&amp;gt;&lt;br /&gt;
| with the efforts of = &amp;lt;!-- Add contributors if relevant --&amp;gt;&lt;br /&gt;
| collection = &amp;lt;!-- Add collection name if available --&amp;gt;&lt;br /&gt;
| illustrator = &amp;lt;!-- Add illustrator name if available --&amp;gt;&lt;br /&gt;
| cover designer = &amp;lt;!-- Add cover designer name if available --&amp;gt;&lt;br /&gt;
| volumes = 1&lt;br /&gt;
| pages = 400&lt;br /&gt;
| size = &amp;lt;!-- Specify dimensions if known --&amp;gt;&lt;br /&gt;
| translations = &amp;lt;!-- Add translation details if available --&amp;gt;&lt;br /&gt;
| publisher = Islamic Research Institute for Culture and Thought&lt;br /&gt;
| publication place = Tehran, Iran&lt;br /&gt;
| publication date = 2021 (1st Edition)&lt;br /&gt;
| printing = 1st Edition&lt;br /&gt;
| print run = &amp;lt;!-- Add print run details if available --&amp;gt;&lt;br /&gt;
| isbn = &amp;lt;!-- Add ISBN number if available --&amp;gt;&lt;br /&gt;
| media type = Print&lt;br /&gt;
| publisher website = &amp;lt;!-- Add publisher website URL --&amp;gt;&lt;br /&gt;
| english name = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| translator = &amp;lt;!-- Add translator name if available --&amp;gt;&lt;br /&gt;
| publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)&lt;br /&gt;
| electronic version= &amp;lt;!-- Add link to electronic version if available --&amp;gt;&lt;br /&gt;
| other volumes = &amp;lt;!-- Add details of other volumes if available --&amp;gt;&lt;br /&gt;
}}&lt;br /&gt;
{{Author&lt;br /&gt;
|author = Mostafa haghanifazl&lt;br /&gt;
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}} &lt;br /&gt;
* &#039;&#039;&#039;abstract&#039;&#039;&#039;&lt;br /&gt;
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.&lt;br /&gt;
== A Brief Look at the Book  ==&lt;br /&gt;
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).&lt;br /&gt;
=== About the Author ===&lt;br /&gt;
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:&lt;br /&gt;
&lt;br /&gt;
- Al-Dirasat al-Fiqhiyya fi Masa&#039;il Khilafiyya (Jurisprudential Studies on Controversial Issues)&lt;br /&gt;
&lt;br /&gt;
- Al-Zawaj al-Muwaqqat &#039;inda al-Sahaba wa al-Tabi&#039;in (Temporary Marriage Among the Companions and Successors)&lt;br /&gt;
&lt;br /&gt;
- Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid&#039;a (Excommunication Between Tradition and Innovation)&lt;br /&gt;
&lt;br /&gt;
- Tab’id dar Islam (Exile in Islam)&lt;br /&gt;
- Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)&lt;br /&gt;
&lt;br /&gt;
- Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Juridical Opinions)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Structure of the Book ==&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
First Discourse: The Meaning of  Espionage and Intelligence &lt;br /&gt;
&lt;br /&gt;
In this Discourse, the linguistic and terminological meanings of  Espionage and Intelligence are examined.&lt;br /&gt;
 &lt;br /&gt;
Second Discourse: Types of  Espionage and Intelligence and Spies&lt;br /&gt;
Here, the author categorizes  Espionage and Intelligence into five types and classifies spies into two categories.&lt;br /&gt;
&lt;br /&gt;
Third Discourse: The Ruling on  Espionage and Intelligence&lt;br /&gt;
&lt;br /&gt;
This Discourse is presented in two chapters:&lt;br /&gt;
&lt;br /&gt;
1.  Espionage and Intelligence benefiting Inimical Powers (kufr) and in its interests.&lt;br /&gt;
&lt;br /&gt;
2.  Espionage and Intelligence benefiting Islam and the The Islamic Polity.&lt;br /&gt;
&lt;br /&gt;
The first chapter includes three discussions:&lt;br /&gt;
&lt;br /&gt;
a) The ruling on a Muslim spy according to the fatwas of Shia jurists.&lt;br /&gt;
&lt;br /&gt;
b) The perspectives of Sunni jurists.&lt;br /&gt;
&lt;br /&gt;
c) The jurisprudential Scriptural and Rational Scriptural and Rational Evidence   for the ruling.&lt;br /&gt;
 &lt;br /&gt;
Fourth Discourse: On Arif and Naqib&lt;br /&gt;
 &lt;br /&gt;
Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of  Espionage and Intelligence?&lt;br /&gt;
 &lt;br /&gt;
Fifth Discourse: Committing Prohibited Acts During  Espionage and Intelligence&lt;br /&gt;
&lt;br /&gt;
Is it permissible to commit Prohibited Acts  in the process of  Espionage and Intelligence?&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Meaning and Types of  Espionage and Intelligence ==&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
In the second Discourse,  Espionage and Intelligence is classified based on its benefit or lack thereof:&lt;br /&gt;
&lt;br /&gt;
1. Investigating personal affairs without any rational motivation (i.e., meddling).&lt;br /&gt;
&lt;br /&gt;
2.  Espionage and Intelligence driven by corrupt intentions.&lt;br /&gt;
&lt;br /&gt;
3.  Espionage and Intelligence with a rational and legitimate purpose.&lt;br /&gt;
&lt;br /&gt;
The third category is further divided into:&lt;br /&gt;
&lt;br /&gt;
a)  Espionage and Intelligence for a necessary purpose, such as preserving the The Islamic Polity.&lt;br /&gt;
&lt;br /&gt;
b)  Espionage and Intelligence for a commendable purpose, such as identifying qualified individuals.&lt;br /&gt;
 &lt;br /&gt;
Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): &lt;br /&gt;
&lt;br /&gt;
1. Spies working in favor of the enemies of Islam. &lt;br /&gt;
&lt;br /&gt;
2. Spies working in favor of the Islamic state. &lt;br /&gt;
==Espionage and Intelligence Benefiting Inimical Powers (Kufr)==&lt;br /&gt;
===  The Ruling on a Muslim Spy ===&lt;br /&gt;
In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. &lt;br /&gt;
&lt;br /&gt;
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).&lt;br /&gt;
 &lt;br /&gt;
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.&lt;br /&gt;
 &lt;br /&gt;
3. Jurisprudential Scriptural and Rational Scriptural and Rational Evidence  : The author presents five pieces of Scriptural and Rational Scriptural and Rational Evidence  :&lt;br /&gt;
&lt;br /&gt;
- Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da&#039;a&#039;im al-Islam). &lt;br /&gt;
&lt;br /&gt;
- 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.&lt;br /&gt;
&lt;br /&gt;
- A Historical Account: The exile of Hakam ibn Abi al-&#039;As, reportedly for  Espionage and Intelligence.&lt;br /&gt;
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&#039;zir (discretionary punishment).&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
As for the historical account of exile, the author believes that if it is proven that the reason for Hakam&#039;s exile was  Espionage and Intelligence, exile could be classified as a form of ta&#039;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.&lt;br /&gt;
=== Ruling on a Non-Muslim Spy ===&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
==== The Dhimmi Spy and the Musta&#039;min Spy ====&lt;br /&gt;
In the context of non-Muslim spies, the author explores two jurisprudential branches: &lt;br /&gt;
&lt;br /&gt;
a) Does  Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: &lt;br /&gt;
&lt;br /&gt;
1.  Espionage and Intelligence immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected.  &lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
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&#039;s Uyun al-Azhar, which states: &amp;quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
b) The Ruling on a Mu&#039;ahid or Musta&#039;min Spy&lt;br /&gt;
 &lt;br /&gt;
The ruling on a spy who is a treaty-holder (Mu&#039;ahid) or a person under temporary protection (Musta&#039;min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: &lt;br /&gt;
&lt;br /&gt;
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&#039;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. &lt;br /&gt;
=== Torture of Spies and the Validity of Admission Under Torture ===&lt;br /&gt;
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.  &lt;br /&gt;
&lt;br /&gt;
Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &amp;quot;Views of Shia Jurists&amp;quot; and &amp;quot;Views of Sunni Jurists,&amp;quot; the opinions of some scholars from are presented. &lt;br /&gt;
&lt;br /&gt;
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). &lt;br /&gt;
== Espionage and Intelligence for the Benefit of Islam and the Islamic System ==&lt;br /&gt;
In this Discourse, the author examines three Qur&#039;anic verses and eight narrations (hadiths), offering his analyses of each: &lt;br /&gt;
&lt;br /&gt;
In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each: &lt;br /&gt;
&lt;br /&gt;
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. &lt;br /&gt;
&lt;br /&gt;
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. &lt;br /&gt;
&lt;br /&gt;
3. [[Surah Al-Anfal, verse 27]]: &lt;br /&gt;
&lt;br /&gt;
- The context of the verse is debated:&lt;br /&gt;
&lt;br /&gt;
1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.&lt;br /&gt;
&lt;br /&gt;
2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.&lt;br /&gt;
&lt;br /&gt;
3. The story of Abu Lubaba during the war with Banu Qurayza.&lt;br /&gt;
   &lt;br /&gt;
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.&lt;br /&gt;
== Supplementary Discussions ==&lt;br /&gt;
====Juridical or Subject-Specific Exception?====&lt;br /&gt;
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?&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
==== The Use of Spies in the Lives of the Infallibles ====&lt;br /&gt;
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. &lt;br /&gt;
=== Sunni Narrations on Military Affairs during the Prophet’s Time ===&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
Furthermore, the author believes that the narration from Ibn Sa&#039;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.&lt;br /&gt;
====The Role of Arif and Naqib====&lt;br /&gt;
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. &lt;br /&gt;
&lt;br /&gt;
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&#039;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. &lt;br /&gt;
====Committing Forbidden Acts during  Espionage and Intelligence====&lt;br /&gt;
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.&lt;br /&gt;
==Notes on the Book==&lt;br /&gt;
{{column|3}}&lt;br /&gt;
# 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, &amp;quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: &#039;Do whatever you wish, for I have forgiven you&#039;&amp;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).&lt;br /&gt;
# 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.&lt;br /&gt;
# 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.&lt;br /&gt;
# 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 &amp;quot;suspicion&amp;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).&lt;br /&gt;
# 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.  &lt;br /&gt;
# None of the ten narrations in the section titled &amp;quot;Additional General Narrations on Torture&amp;quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.&lt;br /&gt;
# 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.&lt;br /&gt;
{{end}}&lt;br /&gt;
[[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]&lt;br /&gt;
[[category:Books by Najm al-Din Tabasi]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
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		<title>The Jurisprudential Foundations of Espionage and Counter-Espionage (Book)</title>
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		<summary type="html">&lt;p&gt;Sarfipour: /* Structure of the Book */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;{{infobox book&lt;br /&gt;
| title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg&lt;br /&gt;
| caption = &amp;lt;!-- Add caption for the image --&amp;gt;&lt;br /&gt;
| other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī&lt;br /&gt;
| main title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| author = Mohammad Javad Asadi&lt;br /&gt;
| date of writing = 2021&lt;br /&gt;
| subject = Espionage, Counter-espionage, Islamic Jurisprudence&lt;br /&gt;
| style = Analytical, Jurisprudential&lt;br /&gt;
| language = Persian&lt;br /&gt;
| main language = Persian&lt;br /&gt;
| editor = &amp;lt;!-- Add editor name if available --&amp;gt;&lt;br /&gt;
| textual editing = &amp;lt;!-- Add textual editing details if relevant --&amp;gt;&lt;br /&gt;
| with the efforts of = &amp;lt;!-- Add contributors if relevant --&amp;gt;&lt;br /&gt;
| collection = &amp;lt;!-- Add collection name if available --&amp;gt;&lt;br /&gt;
| illustrator = &amp;lt;!-- Add illustrator name if available --&amp;gt;&lt;br /&gt;
| cover designer = &amp;lt;!-- Add cover designer name if available --&amp;gt;&lt;br /&gt;
| volumes = 1&lt;br /&gt;
| pages = 400&lt;br /&gt;
| size = &amp;lt;!-- Specify dimensions if known --&amp;gt;&lt;br /&gt;
| translations = &amp;lt;!-- Add translation details if available --&amp;gt;&lt;br /&gt;
| publisher = Islamic Research Institute for Culture and Thought&lt;br /&gt;
| publication place = Tehran, Iran&lt;br /&gt;
| publication date = 2021 (1st Edition)&lt;br /&gt;
| printing = 1st Edition&lt;br /&gt;
| print run = &amp;lt;!-- Add print run details if available --&amp;gt;&lt;br /&gt;
| isbn = &amp;lt;!-- Add ISBN number if available --&amp;gt;&lt;br /&gt;
| media type = Print&lt;br /&gt;
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| english name = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| translator = &amp;lt;!-- Add translator name if available --&amp;gt;&lt;br /&gt;
| publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)&lt;br /&gt;
| electronic version= &amp;lt;!-- Add link to electronic version if available --&amp;gt;&lt;br /&gt;
| other volumes = &amp;lt;!-- Add details of other volumes if available --&amp;gt;&lt;br /&gt;
}}&lt;br /&gt;
{{Author&lt;br /&gt;
|author = Mostafa haghanifazl&lt;br /&gt;
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* &#039;&#039;&#039;abstract&#039;&#039;&#039;&lt;br /&gt;
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.&lt;br /&gt;
== A Brief Look at the Book  ==&lt;br /&gt;
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).&lt;br /&gt;
=== About the Author ===&lt;br /&gt;
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:&lt;br /&gt;
&lt;br /&gt;
- Al-Dirasat al-Fiqhiyya fi Masa&#039;il Khilafiyya (Jurisprudential Studies on Controversial Issues)&lt;br /&gt;
&lt;br /&gt;
- Al-Zawaj al-Muwaqqat &#039;inda al-Sahaba wa al-Tabi&#039;in (Temporary Marriage Among the Companions and Successors)&lt;br /&gt;
&lt;br /&gt;
- Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid&#039;a (Excommunication Between Tradition and Innovation)&lt;br /&gt;
&lt;br /&gt;
- Tab’id dar Islam (Exile in Islam)&lt;br /&gt;
- Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)&lt;br /&gt;
&lt;br /&gt;
- Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Juridical Opinions)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Structure of the Book ==&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
First Discourse: The Meaning of  Espionage and Intelligence &lt;br /&gt;
In this Discourse, the linguistic and terminological meanings of  Espionage and Intelligence are examined.&lt;br /&gt;
 &lt;br /&gt;
Second Discourse: Types of  Espionage and Intelligence and Spies&lt;br /&gt;
Here, the author categorizes  Espionage and Intelligence into five types and classifies spies into two categories.&lt;br /&gt;
&lt;br /&gt;
Third Discourse: The Ruling on  Espionage and Intelligence&lt;br /&gt;
&lt;br /&gt;
This Discourse is presented in two chapters:&lt;br /&gt;
&lt;br /&gt;
1.  Espionage and Intelligence benefiting Inimical Powers (kufr) and in its interests.&lt;br /&gt;
&lt;br /&gt;
2.  Espionage and Intelligence benefiting Islam and the The Islamic Polity.&lt;br /&gt;
&lt;br /&gt;
The first chapter includes three discussions:&lt;br /&gt;
&lt;br /&gt;
a) The ruling on a Muslim spy according to the fatwas of Shia jurists.&lt;br /&gt;
&lt;br /&gt;
b) The perspectives of Sunni jurists.&lt;br /&gt;
&lt;br /&gt;
c) The jurisprudential evidence for the ruling.&lt;br /&gt;
 &lt;br /&gt;
Fourth Discourse: On Arif and Naqib&lt;br /&gt;
Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of  Espionage and Intelligence?&lt;br /&gt;
 &lt;br /&gt;
Fifth Discourse: Committing Prohibited Acts During  Espionage and Intelligence&lt;br /&gt;
Is it permissible to commit Prohibited Acts  in the process of  Espionage and Intelligence?&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Meaning and Types of  Espionage and Intelligence ==&lt;br /&gt;
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.&lt;br /&gt;
In the second Discourse,  Espionage and Intelligence is classified based on its benefit or lack thereof:&lt;br /&gt;
&lt;br /&gt;
1. Investigating personal affairs without any rational motivation (i.e., meddling).&lt;br /&gt;
&lt;br /&gt;
2.  Espionage and Intelligence driven by corrupt intentions.&lt;br /&gt;
&lt;br /&gt;
3.  Espionage and Intelligence with a rational and legitimate purpose.&lt;br /&gt;
The third category is further divided into:&lt;br /&gt;
&lt;br /&gt;
a)  Espionage and Intelligence for a necessary purpose, such as preserving the The Islamic Polity.&lt;br /&gt;
&lt;br /&gt;
b)  Espionage and Intelligence for a commendable purpose, such as identifying qualified individuals.&lt;br /&gt;
 &lt;br /&gt;
Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): &lt;br /&gt;
&lt;br /&gt;
1. Spies working in favor of the enemies of Islam. &lt;br /&gt;
&lt;br /&gt;
2. Spies working in favor of the Islamic state. &lt;br /&gt;
==Espionage and Intelligence Benefiting Inimical Powers (Kufr)==&lt;br /&gt;
===  The Ruling on a Muslim Spy ===&lt;br /&gt;
In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. &lt;br /&gt;
&lt;br /&gt;
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).&lt;br /&gt;
 &lt;br /&gt;
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.&lt;br /&gt;
 &lt;br /&gt;
3. Jurisprudential Evidence: The author presents five pieces of evidence:&lt;br /&gt;
&lt;br /&gt;
- Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da&#039;a&#039;im al-Islam). &lt;br /&gt;
&lt;br /&gt;
- 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.&lt;br /&gt;
&lt;br /&gt;
- A Historical Account: The exile of Hakam ibn Abi al-&#039;As, reportedly for  Espionage and Intelligence.&lt;br /&gt;
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&#039;zir (discretionary punishment).&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
As for the historical account of exile, the author believes that if it is proven that the reason for Hakam&#039;s exile was  Espionage and Intelligence, exile could be classified as a form of ta&#039;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.&lt;br /&gt;
=== Ruling on a Non-Muslim Spy ===&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
==== The Dhimmi Spy and the Musta&#039;min Spy ====&lt;br /&gt;
In the context of non-Muslim spies, the author explores two jurisprudential branches:&lt;br /&gt;
a) Does  Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: &lt;br /&gt;
&lt;br /&gt;
1.  Espionage and Intelligence immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected.  &lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
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&#039;s Uyun al-Azhar, which states: &amp;quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
b) The Ruling on a Mu&#039;ahid or Musta&#039;min Spy&lt;br /&gt;
 &lt;br /&gt;
The ruling on a spy who is a treaty-holder (Mu&#039;ahid) or a person under temporary protection (Musta&#039;min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: &lt;br /&gt;
&lt;br /&gt;
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&#039;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. &lt;br /&gt;
=== Torture of Spies and the Validity of Admission Under Torture ===&lt;br /&gt;
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.  &lt;br /&gt;
&lt;br /&gt;
Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &amp;quot;Views of Shia Jurists&amp;quot; and &amp;quot;Views of Sunni Jurists,&amp;quot; the opinions of some scholars from are presented.&lt;br /&gt;
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). &lt;br /&gt;
== Espionage and Intelligence for the Benefit of Islam and the Islamic System ==&lt;br /&gt;
In this Discourse, the author examines three Qur&#039;anic verses and eight narrations (hadiths), offering his analyses of each:&lt;br /&gt;
In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each:&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
3. [[Surah Al-Anfal, verse 27]]: &lt;br /&gt;
&lt;br /&gt;
- The context of the verse is debated:&lt;br /&gt;
&lt;br /&gt;
1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.&lt;br /&gt;
&lt;br /&gt;
2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.&lt;br /&gt;
&lt;br /&gt;
3. The story of Abu Lubaba during the war with Banu Qurayza.&lt;br /&gt;
   &lt;br /&gt;
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.&lt;br /&gt;
== Supplementary Discussions ==&lt;br /&gt;
====Juridical or Subject-Specific Exception?====&lt;br /&gt;
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?&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
==== The Use of Spies in the Lives of the Infallibles ====&lt;br /&gt;
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. &lt;br /&gt;
=== Sunni Narrations on Military Affairs during the Prophet’s Time ===&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
Furthermore, the author believes that the narration from Ibn Sa&#039;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.&lt;br /&gt;
====The Role of Arif and Naqib====&lt;br /&gt;
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. &lt;br /&gt;
&lt;br /&gt;
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&#039;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. &lt;br /&gt;
====Committing Forbidden Acts during  Espionage and Intelligence====&lt;br /&gt;
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.&lt;br /&gt;
==Notes on the Book==&lt;br /&gt;
{{column|3}}&lt;br /&gt;
# 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, &amp;quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: &#039;Do whatever you wish, for I have forgiven you&#039;&amp;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).&lt;br /&gt;
# 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.&lt;br /&gt;
# 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.&lt;br /&gt;
# 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 &amp;quot;suspicion&amp;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).&lt;br /&gt;
# 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.  &lt;br /&gt;
# None of the ten narrations in the section titled &amp;quot;Additional General Narrations on Torture&amp;quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.&lt;br /&gt;
# 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.&lt;br /&gt;
{{end}}&lt;br /&gt;
[[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]&lt;br /&gt;
[[category:Books by Najm al-Din Tabasi]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
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		<title>The Jurisprudential Foundations of Espionage and Counter-Espionage (Book)</title>
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		<summary type="html">&lt;p&gt;Sarfipour: /* Structure of the Book */&lt;/p&gt;
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&lt;div&gt;{{infobox book&lt;br /&gt;
| title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg&lt;br /&gt;
| caption = &amp;lt;!-- Add caption for the image --&amp;gt;&lt;br /&gt;
| other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī&lt;br /&gt;
| main title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| author = Mohammad Javad Asadi&lt;br /&gt;
| date of writing = 2021&lt;br /&gt;
| subject = Espionage, Counter-espionage, Islamic Jurisprudence&lt;br /&gt;
| style = Analytical, Jurisprudential&lt;br /&gt;
| language = Persian&lt;br /&gt;
| main language = Persian&lt;br /&gt;
| editor = &amp;lt;!-- Add editor name if available --&amp;gt;&lt;br /&gt;
| textual editing = &amp;lt;!-- Add textual editing details if relevant --&amp;gt;&lt;br /&gt;
| with the efforts of = &amp;lt;!-- Add contributors if relevant --&amp;gt;&lt;br /&gt;
| collection = &amp;lt;!-- Add collection name if available --&amp;gt;&lt;br /&gt;
| illustrator = &amp;lt;!-- Add illustrator name if available --&amp;gt;&lt;br /&gt;
| cover designer = &amp;lt;!-- Add cover designer name if available --&amp;gt;&lt;br /&gt;
| volumes = 1&lt;br /&gt;
| pages = 400&lt;br /&gt;
| size = &amp;lt;!-- Specify dimensions if known --&amp;gt;&lt;br /&gt;
| translations = &amp;lt;!-- Add translation details if available --&amp;gt;&lt;br /&gt;
| publisher = Islamic Research Institute for Culture and Thought&lt;br /&gt;
| publication place = Tehran, Iran&lt;br /&gt;
| publication date = 2021 (1st Edition)&lt;br /&gt;
| printing = 1st Edition&lt;br /&gt;
| print run = &amp;lt;!-- Add print run details if available --&amp;gt;&lt;br /&gt;
| isbn = &amp;lt;!-- Add ISBN number if available --&amp;gt;&lt;br /&gt;
| media type = Print&lt;br /&gt;
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| english name = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| translator = &amp;lt;!-- Add translator name if available --&amp;gt;&lt;br /&gt;
| publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)&lt;br /&gt;
| electronic version= &amp;lt;!-- Add link to electronic version if available --&amp;gt;&lt;br /&gt;
| other volumes = &amp;lt;!-- Add details of other volumes if available --&amp;gt;&lt;br /&gt;
}}&lt;br /&gt;
{{Author&lt;br /&gt;
|author = Mostafa haghanifazl&lt;br /&gt;
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* &#039;&#039;&#039;abstract&#039;&#039;&#039;&lt;br /&gt;
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.&lt;br /&gt;
== A Brief Look at the Book  ==&lt;br /&gt;
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).&lt;br /&gt;
=== About the Author ===&lt;br /&gt;
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:&lt;br /&gt;
&lt;br /&gt;
- Al-Dirasat al-Fiqhiyya fi Masa&#039;il Khilafiyya (Jurisprudential Studies on Controversial Issues)&lt;br /&gt;
&lt;br /&gt;
- Al-Zawaj al-Muwaqqat &#039;inda al-Sahaba wa al-Tabi&#039;in (Temporary Marriage Among the Companions and Successors)&lt;br /&gt;
&lt;br /&gt;
- Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid&#039;a (Excommunication Between Tradition and Innovation)&lt;br /&gt;
&lt;br /&gt;
- Tab’id dar Islam (Exile in Islam)&lt;br /&gt;
- Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)&lt;br /&gt;
&lt;br /&gt;
- Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Juridical Opinions)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Structure of the Book ==&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
First Discourse: The Meaning of  Espionage and Intelligence &lt;br /&gt;
In this Discourse, the linguistic and terminological meanings of  Espionage and Intelligence are examined.&lt;br /&gt;
 &lt;br /&gt;
Second Discourse: Types of  Espionage and Intelligence and Spies&lt;br /&gt;
Here, the author categorizes  Espionage and Intelligence into five types and classifies spies into two categories.&lt;br /&gt;
&lt;br /&gt;
Third Discourse: The Ruling on  Espionage and Intelligence&lt;br /&gt;
&lt;br /&gt;
This Discourse is presented in two chapters:&lt;br /&gt;
&lt;br /&gt;
1.  Espionage and Intelligence benefiting Inimical Powers (kufr) and in its interests.&lt;br /&gt;
&lt;br /&gt;
2.  Espionage and Intelligence benefiting Islam and the The Islamic Polity.&lt;br /&gt;
&lt;br /&gt;
The first chapter includes three discussions:&lt;br /&gt;
&lt;br /&gt;
a) The ruling on a Muslim spy according to the fatwas of Shia jurists.&lt;br /&gt;
&lt;br /&gt;
b) The perspectives of Sunni jurists.&lt;br /&gt;
&lt;br /&gt;
c) The jurisprudential evidence for the ruling.&lt;br /&gt;
 &lt;br /&gt;
Fourth Discourse: On Arif and Naqib&lt;br /&gt;
Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of  Espionage and Intelligence?&lt;br /&gt;
 &lt;br /&gt;
Fifth Discourse: Committing Prohibited Acts During  Espionage and Intelligence&lt;br /&gt;
Is it permissible to commit sinful acts in the process of  Espionage and Intelligence?&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Meaning and Types of  Espionage and Intelligence ==&lt;br /&gt;
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.&lt;br /&gt;
In the second Discourse,  Espionage and Intelligence is classified based on its benefit or lack thereof:&lt;br /&gt;
&lt;br /&gt;
1. Investigating personal affairs without any rational motivation (i.e., meddling).&lt;br /&gt;
&lt;br /&gt;
2.  Espionage and Intelligence driven by corrupt intentions.&lt;br /&gt;
&lt;br /&gt;
3.  Espionage and Intelligence with a rational and legitimate purpose.&lt;br /&gt;
The third category is further divided into:&lt;br /&gt;
&lt;br /&gt;
a)  Espionage and Intelligence for a necessary purpose, such as preserving the The Islamic Polity.&lt;br /&gt;
&lt;br /&gt;
b)  Espionage and Intelligence for a commendable purpose, such as identifying qualified individuals.&lt;br /&gt;
 &lt;br /&gt;
Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): &lt;br /&gt;
&lt;br /&gt;
1. Spies working in favor of the enemies of Islam. &lt;br /&gt;
&lt;br /&gt;
2. Spies working in favor of the Islamic state. &lt;br /&gt;
==Espionage and Intelligence Benefiting Inimical Powers (Kufr)==&lt;br /&gt;
===  The Ruling on a Muslim Spy ===&lt;br /&gt;
In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. &lt;br /&gt;
&lt;br /&gt;
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).&lt;br /&gt;
 &lt;br /&gt;
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.&lt;br /&gt;
 &lt;br /&gt;
3. Jurisprudential Evidence: The author presents five pieces of evidence:&lt;br /&gt;
&lt;br /&gt;
- Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da&#039;a&#039;im al-Islam). &lt;br /&gt;
&lt;br /&gt;
- 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.&lt;br /&gt;
&lt;br /&gt;
- A Historical Account: The exile of Hakam ibn Abi al-&#039;As, reportedly for  Espionage and Intelligence.&lt;br /&gt;
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&#039;zir (discretionary punishment).&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
As for the historical account of exile, the author believes that if it is proven that the reason for Hakam&#039;s exile was  Espionage and Intelligence, exile could be classified as a form of ta&#039;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.&lt;br /&gt;
=== Ruling on a Non-Muslim Spy ===&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
==== The Dhimmi Spy and the Musta&#039;min Spy ====&lt;br /&gt;
In the context of non-Muslim spies, the author explores two jurisprudential branches:&lt;br /&gt;
a) Does  Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: &lt;br /&gt;
&lt;br /&gt;
1.  Espionage and Intelligence immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected.  &lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
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&#039;s Uyun al-Azhar, which states: &amp;quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
b) The Ruling on a Mu&#039;ahid or Musta&#039;min Spy&lt;br /&gt;
 &lt;br /&gt;
The ruling on a spy who is a treaty-holder (Mu&#039;ahid) or a person under temporary protection (Musta&#039;min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: &lt;br /&gt;
&lt;br /&gt;
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&#039;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. &lt;br /&gt;
=== Torture of Spies and the Validity of Admission Under Torture ===&lt;br /&gt;
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.  &lt;br /&gt;
&lt;br /&gt;
Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &amp;quot;Views of Shia Jurists&amp;quot; and &amp;quot;Views of Sunni Jurists,&amp;quot; the opinions of some scholars from are presented.&lt;br /&gt;
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). &lt;br /&gt;
== Espionage and Intelligence for the Benefit of Islam and the Islamic System ==&lt;br /&gt;
In this Discourse, the author examines three Qur&#039;anic verses and eight narrations (hadiths), offering his analyses of each:&lt;br /&gt;
In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each:&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
3. [[Surah Al-Anfal, verse 27]]: &lt;br /&gt;
&lt;br /&gt;
- The context of the verse is debated:&lt;br /&gt;
&lt;br /&gt;
1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.&lt;br /&gt;
&lt;br /&gt;
2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.&lt;br /&gt;
&lt;br /&gt;
3. The story of Abu Lubaba during the war with Banu Qurayza.&lt;br /&gt;
   &lt;br /&gt;
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.&lt;br /&gt;
== Supplementary Discussions ==&lt;br /&gt;
====Juridical or Subject-Specific Exception?====&lt;br /&gt;
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?&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
==== The Use of Spies in the Lives of the Infallibles ====&lt;br /&gt;
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. &lt;br /&gt;
=== Sunni Narrations on Military Affairs during the Prophet’s Time ===&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
Furthermore, the author believes that the narration from Ibn Sa&#039;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.&lt;br /&gt;
====The Role of Arif and Naqib====&lt;br /&gt;
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. &lt;br /&gt;
&lt;br /&gt;
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&#039;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. &lt;br /&gt;
====Committing Forbidden Acts during  Espionage and Intelligence====&lt;br /&gt;
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.&lt;br /&gt;
==Notes on the Book==&lt;br /&gt;
{{column|3}}&lt;br /&gt;
# 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, &amp;quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: &#039;Do whatever you wish, for I have forgiven you&#039;&amp;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).&lt;br /&gt;
# 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.&lt;br /&gt;
# 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.&lt;br /&gt;
# 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 &amp;quot;suspicion&amp;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).&lt;br /&gt;
# 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.  &lt;br /&gt;
# None of the ten narrations in the section titled &amp;quot;Additional General Narrations on Torture&amp;quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.&lt;br /&gt;
# 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.&lt;br /&gt;
{{end}}&lt;br /&gt;
[[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]&lt;br /&gt;
[[category:Books by Najm al-Din Tabasi]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
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		<title>The Jurisprudential Foundations of Espionage and Counter-Espionage (Book)</title>
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		<updated>2026-05-26T18:41:21Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;{{infobox book&lt;br /&gt;
| title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg&lt;br /&gt;
| caption = &amp;lt;!-- Add caption for the image --&amp;gt;&lt;br /&gt;
| other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī&lt;br /&gt;
| main title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| author = Mohammad Javad Asadi&lt;br /&gt;
| date of writing = 2021&lt;br /&gt;
| subject = Espionage, Counter-espionage, Islamic Jurisprudence&lt;br /&gt;
| style = Analytical, Jurisprudential&lt;br /&gt;
| language = Persian&lt;br /&gt;
| main language = Persian&lt;br /&gt;
| editor = &amp;lt;!-- Add editor name if available --&amp;gt;&lt;br /&gt;
| textual editing = &amp;lt;!-- Add textual editing details if relevant --&amp;gt;&lt;br /&gt;
| with the efforts of = &amp;lt;!-- Add contributors if relevant --&amp;gt;&lt;br /&gt;
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| volumes = 1&lt;br /&gt;
| pages = 400&lt;br /&gt;
| size = &amp;lt;!-- Specify dimensions if known --&amp;gt;&lt;br /&gt;
| translations = &amp;lt;!-- Add translation details if available --&amp;gt;&lt;br /&gt;
| publisher = Islamic Research Institute for Culture and Thought&lt;br /&gt;
| publication place = Tehran, Iran&lt;br /&gt;
| publication date = 2021 (1st Edition)&lt;br /&gt;
| printing = 1st Edition&lt;br /&gt;
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| english name = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| translator = &amp;lt;!-- Add translator name if available --&amp;gt;&lt;br /&gt;
| publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)&lt;br /&gt;
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}}&lt;br /&gt;
{{Author&lt;br /&gt;
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* &#039;&#039;&#039;abstract&#039;&#039;&#039;&lt;br /&gt;
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.&lt;br /&gt;
== A Brief Look at the Book  ==&lt;br /&gt;
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).&lt;br /&gt;
=== About the Author ===&lt;br /&gt;
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:&lt;br /&gt;
&lt;br /&gt;
- Al-Dirasat al-Fiqhiyya fi Masa&#039;il Khilafiyya (Jurisprudential Studies on Controversial Issues)&lt;br /&gt;
&lt;br /&gt;
- Al-Zawaj al-Muwaqqat &#039;inda al-Sahaba wa al-Tabi&#039;in (Temporary Marriage Among the Companions and Successors)&lt;br /&gt;
&lt;br /&gt;
- Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid&#039;a (Excommunication Between Tradition and Innovation)&lt;br /&gt;
&lt;br /&gt;
- Tab’id dar Islam (Exile in Islam)&lt;br /&gt;
- Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)&lt;br /&gt;
&lt;br /&gt;
- Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Juridical Opinions)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Structure of the Book ==&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
First Discourse: The Meaning of  Espionage and Intelligence &lt;br /&gt;
In this Discourse, the linguistic and terminological meanings of  Espionage and Intelligence are examined.&lt;br /&gt;
 &lt;br /&gt;
Second Discourse: Types of  Espionage and Intelligence and Spies&lt;br /&gt;
Here, the author categorizes  Espionage and Intelligence into five types and classifies spies into two categories.&lt;br /&gt;
&lt;br /&gt;
Third Discourse: The Ruling on  Espionage and Intelligence&lt;br /&gt;
&lt;br /&gt;
This Discourse is presented in two chapters:&lt;br /&gt;
&lt;br /&gt;
1.  Espionage and Intelligence benefiting disbelief (kufr) and in its interests.&lt;br /&gt;
&lt;br /&gt;
2.  Espionage and Intelligence benefiting Islam and the Islamic government.&lt;br /&gt;
&lt;br /&gt;
The first chapter includes three discussions:&lt;br /&gt;
&lt;br /&gt;
a) The ruling on a Muslim spy according to the fatwas of Shia jurists.&lt;br /&gt;
&lt;br /&gt;
b) The perspectives of Sunni jurists.&lt;br /&gt;
&lt;br /&gt;
c) The jurisprudential evidence for the ruling.&lt;br /&gt;
 &lt;br /&gt;
Fourth Discourse: On Arif and Naqib&lt;br /&gt;
Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of  Espionage and Intelligence?&lt;br /&gt;
 &lt;br /&gt;
Fifth Discourse: Committing Prohibited Acts During  Espionage and Intelligence&lt;br /&gt;
Is it permissible to commit sinful acts in the process of  Espionage and Intelligence?&lt;br /&gt;
== Meaning and Types of  Espionage and Intelligence ==&lt;br /&gt;
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.&lt;br /&gt;
In the second Discourse,  Espionage and Intelligence is classified based on its benefit or lack thereof:&lt;br /&gt;
&lt;br /&gt;
1. Investigating personal affairs without any rational motivation (i.e., meddling).&lt;br /&gt;
&lt;br /&gt;
2.  Espionage and Intelligence driven by corrupt intentions.&lt;br /&gt;
&lt;br /&gt;
3.  Espionage and Intelligence with a rational and legitimate purpose.&lt;br /&gt;
The third category is further divided into:&lt;br /&gt;
&lt;br /&gt;
a)  Espionage and Intelligence for a necessary purpose, such as preserving the Islamic government.&lt;br /&gt;
&lt;br /&gt;
b)  Espionage and Intelligence for a commendable purpose, such as identifying qualified individuals.&lt;br /&gt;
 &lt;br /&gt;
Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): &lt;br /&gt;
&lt;br /&gt;
1. Spies working in favor of the enemies of Islam. &lt;br /&gt;
&lt;br /&gt;
2. Spies working in favor of the Islamic state. &lt;br /&gt;
==Espionage and Intelligence Benefiting Disbelief (Kufr)==&lt;br /&gt;
===  The Ruling on a Muslim Spy ===&lt;br /&gt;
In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. &lt;br /&gt;
&lt;br /&gt;
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).&lt;br /&gt;
 &lt;br /&gt;
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.&lt;br /&gt;
 &lt;br /&gt;
3. Jurisprudential Evidence: The author presents five pieces of evidence:&lt;br /&gt;
&lt;br /&gt;
- Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da&#039;a&#039;im al-Islam). &lt;br /&gt;
&lt;br /&gt;
- 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.&lt;br /&gt;
&lt;br /&gt;
- A Historical Account: The exile of Hakam ibn Abi al-&#039;As, reportedly for  Espionage and Intelligence.&lt;br /&gt;
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&#039;zir (discretionary punishment).&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
As for the historical account of exile, the author believes that if it is proven that the reason for Hakam&#039;s exile was  Espionage and Intelligence, exile could be classified as a form of ta&#039;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.&lt;br /&gt;
=== Ruling on a Non-Muslim Spy ===&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
==== The Dhimmi Spy and the Musta&#039;min Spy ====&lt;br /&gt;
In the context of non-Muslim spies, the author explores two jurisprudential branches:&lt;br /&gt;
a) Does  Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: &lt;br /&gt;
&lt;br /&gt;
1.  Espionage and Intelligence immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected.  &lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
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&#039;s Uyun al-Azhar, which states: &amp;quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
b) The Ruling on a Mu&#039;ahid or Musta&#039;min Spy&lt;br /&gt;
 &lt;br /&gt;
The ruling on a spy who is a treaty-holder (Mu&#039;ahid) or a person under temporary protection (Musta&#039;min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: &lt;br /&gt;
&lt;br /&gt;
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&#039;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. &lt;br /&gt;
=== Torture of Spies and the Validity of Admission Under Torture ===&lt;br /&gt;
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.  &lt;br /&gt;
&lt;br /&gt;
Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &amp;quot;Views of Shia Jurists&amp;quot; and &amp;quot;Views of Sunni Jurists,&amp;quot; the opinions of some scholars from are presented.&lt;br /&gt;
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). &lt;br /&gt;
== Espionage and Intelligence for the Benefit of Islam and the Islamic System ==&lt;br /&gt;
In this Discourse, the author examines three Qur&#039;anic verses and eight narrations (hadiths), offering his analyses of each:&lt;br /&gt;
In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each:&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
3. [[Surah Al-Anfal, verse 27]]: &lt;br /&gt;
&lt;br /&gt;
- The context of the verse is debated:&lt;br /&gt;
&lt;br /&gt;
1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.&lt;br /&gt;
&lt;br /&gt;
2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.&lt;br /&gt;
&lt;br /&gt;
3. The story of Abu Lubaba during the war with Banu Qurayza.&lt;br /&gt;
   &lt;br /&gt;
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.&lt;br /&gt;
== Supplementary Discussions ==&lt;br /&gt;
====Juridical or Subject-Specific Exception?====&lt;br /&gt;
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?&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
==== The Use of Spies in the Lives of the Infallibles ====&lt;br /&gt;
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. &lt;br /&gt;
=== Sunni Narrations on Military Affairs during the Prophet’s Time ===&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
Furthermore, the author believes that the narration from Ibn Sa&#039;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.&lt;br /&gt;
====The Role of Arif and Naqib====&lt;br /&gt;
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. &lt;br /&gt;
&lt;br /&gt;
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&#039;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. &lt;br /&gt;
====Committing Forbidden Acts during  Espionage and Intelligence====&lt;br /&gt;
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.&lt;br /&gt;
==Notes on the Book==&lt;br /&gt;
{{column|3}}&lt;br /&gt;
# 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, &amp;quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: &#039;Do whatever you wish, for I have forgiven you&#039;&amp;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).&lt;br /&gt;
# 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.&lt;br /&gt;
# 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.&lt;br /&gt;
# 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 &amp;quot;suspicion&amp;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).&lt;br /&gt;
# 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.  &lt;br /&gt;
# None of the ten narrations in the section titled &amp;quot;Additional General Narrations on Torture&amp;quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.&lt;br /&gt;
# 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.&lt;br /&gt;
{{end}}&lt;br /&gt;
[[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]&lt;br /&gt;
[[category:Books by Najm al-Din Tabasi]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
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		<title>The Jurisprudential Foundations of Espionage and Counter-Espionage (Book)</title>
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		<updated>2026-05-26T18:39:54Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;{{infobox book&lt;br /&gt;
| title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg&lt;br /&gt;
| caption = &amp;lt;!-- Add caption for the image --&amp;gt;&lt;br /&gt;
| other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī&lt;br /&gt;
| main title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| author = Mohammad Javad Asadi&lt;br /&gt;
| date of writing = 2021&lt;br /&gt;
| subject = Espionage, Counter-espionage, Islamic Jurisprudence&lt;br /&gt;
| style = Analytical, Jurisprudential&lt;br /&gt;
| language = Persian&lt;br /&gt;
| main language = Persian&lt;br /&gt;
| editor = &amp;lt;!-- Add editor name if available --&amp;gt;&lt;br /&gt;
| textual editing = &amp;lt;!-- Add textual editing details if relevant --&amp;gt;&lt;br /&gt;
| with the efforts of = &amp;lt;!-- Add contributors if relevant --&amp;gt;&lt;br /&gt;
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| volumes = 1&lt;br /&gt;
| pages = 400&lt;br /&gt;
| size = &amp;lt;!-- Specify dimensions if known --&amp;gt;&lt;br /&gt;
| translations = &amp;lt;!-- Add translation details if available --&amp;gt;&lt;br /&gt;
| publisher = Islamic Research Institute for Culture and Thought&lt;br /&gt;
| publication place = Tehran, Iran&lt;br /&gt;
| publication date = 2021 (1st Edition)&lt;br /&gt;
| printing = 1st Edition&lt;br /&gt;
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| english name = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| translator = &amp;lt;!-- Add translator name if available --&amp;gt;&lt;br /&gt;
| publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)&lt;br /&gt;
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}}&lt;br /&gt;
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* &#039;&#039;&#039;abstract&#039;&#039;&#039;&lt;br /&gt;
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.&lt;br /&gt;
== A Brief Look at the Book  ==&lt;br /&gt;
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).&lt;br /&gt;
=== About the Author ===&lt;br /&gt;
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:&lt;br /&gt;
&lt;br /&gt;
- Al-Dirasat al-Fiqhiyya fi Masa&#039;il Khilafiyya (Jurisprudential Studies on Controversial Issues)&lt;br /&gt;
&lt;br /&gt;
- Al-Zawaj al-Muwaqqat &#039;inda al-Sahaba wa al-Tabi&#039;in (Temporary Marriage Among the Companions and Successors)&lt;br /&gt;
&lt;br /&gt;
- Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid&#039;a (Excommunication Between Tradition and Innovation)&lt;br /&gt;
&lt;br /&gt;
- Tab’id dar Islam (Exile in Islam)&lt;br /&gt;
- Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)&lt;br /&gt;
&lt;br /&gt;
- Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Structure of the Book ==&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
First Discourse: The Meaning of  Espionage and Intelligence &lt;br /&gt;
In this Discourse, the linguistic and terminological meanings of  Espionage and Intelligence are examined.&lt;br /&gt;
 &lt;br /&gt;
Second Discourse: Types of  Espionage and Intelligence and Spies&lt;br /&gt;
Here, the author categorizes  Espionage and Intelligence into five types and classifies spies into two categories.&lt;br /&gt;
&lt;br /&gt;
Third Discourse: The Ruling on  Espionage and Intelligence&lt;br /&gt;
&lt;br /&gt;
This Discourse is presented in two chapters:&lt;br /&gt;
&lt;br /&gt;
1.  Espionage and Intelligence benefiting disbelief (kufr) and in its interests.&lt;br /&gt;
&lt;br /&gt;
2.  Espionage and Intelligence benefiting Islam and the Islamic government.&lt;br /&gt;
&lt;br /&gt;
The first chapter includes three discussions:&lt;br /&gt;
&lt;br /&gt;
a) The ruling on a Muslim spy according to the fatwas of Shia jurists.&lt;br /&gt;
&lt;br /&gt;
b) The perspectives of Sunni jurists.&lt;br /&gt;
&lt;br /&gt;
c) The jurisprudential evidence for the ruling.&lt;br /&gt;
 &lt;br /&gt;
Fourth Discourse: On Arif and Naqib&lt;br /&gt;
Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of  Espionage and Intelligence?&lt;br /&gt;
 &lt;br /&gt;
Fifth Discourse: Committing Prohibited Acts During  Espionage and Intelligence&lt;br /&gt;
Is it permissible to commit sinful acts in the process of  Espionage and Intelligence?&lt;br /&gt;
== Meaning and Types of  Espionage and Intelligence ==&lt;br /&gt;
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.&lt;br /&gt;
In the second Discourse,  Espionage and Intelligence is classified based on its benefit or lack thereof:&lt;br /&gt;
&lt;br /&gt;
1. Investigating personal affairs without any rational motivation (i.e., meddling).&lt;br /&gt;
&lt;br /&gt;
2.  Espionage and Intelligence driven by corrupt intentions.&lt;br /&gt;
&lt;br /&gt;
3.  Espionage and Intelligence with a rational and legitimate purpose.&lt;br /&gt;
The third category is further divided into:&lt;br /&gt;
&lt;br /&gt;
a)  Espionage and Intelligence for a necessary purpose, such as preserving the Islamic government.&lt;br /&gt;
&lt;br /&gt;
b)  Espionage and Intelligence for a commendable purpose, such as identifying qualified individuals.&lt;br /&gt;
 &lt;br /&gt;
Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): &lt;br /&gt;
&lt;br /&gt;
1. Spies working in favor of the enemies of Islam. &lt;br /&gt;
&lt;br /&gt;
2. Spies working in favor of the Islamic state. &lt;br /&gt;
==Espionage and Intelligence Benefiting Disbelief (Kufr)==&lt;br /&gt;
===  The Ruling on a Muslim Spy ===&lt;br /&gt;
In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. &lt;br /&gt;
&lt;br /&gt;
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).&lt;br /&gt;
 &lt;br /&gt;
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.&lt;br /&gt;
 &lt;br /&gt;
3. Jurisprudential Evidence: The author presents five pieces of evidence:&lt;br /&gt;
&lt;br /&gt;
- Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da&#039;a&#039;im al-Islam). &lt;br /&gt;
&lt;br /&gt;
- 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.&lt;br /&gt;
&lt;br /&gt;
- A Historical Account: The exile of Hakam ibn Abi al-&#039;As, reportedly for  Espionage and Intelligence.&lt;br /&gt;
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&#039;zir (discretionary punishment).&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
As for the historical account of exile, the author believes that if it is proven that the reason for Hakam&#039;s exile was  Espionage and Intelligence, exile could be classified as a form of ta&#039;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.&lt;br /&gt;
=== Ruling on a Non-Muslim Spy ===&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
==== The Dhimmi Spy and the Musta&#039;min Spy ====&lt;br /&gt;
In the context of non-Muslim spies, the author explores two jurisprudential branches:&lt;br /&gt;
a) Does  Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: &lt;br /&gt;
&lt;br /&gt;
1.  Espionage and Intelligence immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected.  &lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
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&#039;s Uyun al-Azhar, which states: &amp;quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
b) The Ruling on a Mu&#039;ahid or Musta&#039;min Spy&lt;br /&gt;
 &lt;br /&gt;
The ruling on a spy who is a treaty-holder (Mu&#039;ahid) or a person under temporary protection (Musta&#039;min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: &lt;br /&gt;
&lt;br /&gt;
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&#039;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. &lt;br /&gt;
=== Torture of Spies and the Validity of Admission Under Torture ===&lt;br /&gt;
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.  &lt;br /&gt;
&lt;br /&gt;
Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &amp;quot;Views of Shia Jurists&amp;quot; and &amp;quot;Views of Sunni Jurists,&amp;quot; the opinions of some scholars from are presented.&lt;br /&gt;
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). &lt;br /&gt;
== Espionage and Intelligence for the Benefit of Islam and the Islamic System ==&lt;br /&gt;
In this Discourse, the author examines three Qur&#039;anic verses and eight narrations (hadiths), offering his analyses of each:&lt;br /&gt;
In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each:&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
3. [[Surah Al-Anfal, verse 27]]: &lt;br /&gt;
&lt;br /&gt;
- The context of the verse is debated:&lt;br /&gt;
&lt;br /&gt;
1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.&lt;br /&gt;
&lt;br /&gt;
2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.&lt;br /&gt;
&lt;br /&gt;
3. The story of Abu Lubaba during the war with Banu Qurayza.&lt;br /&gt;
   &lt;br /&gt;
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.&lt;br /&gt;
== Supplementary Discussions ==&lt;br /&gt;
====Juridical or Subject-Specific Exception?====&lt;br /&gt;
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?&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
==== The Use of Spies in the Lives of the Infallibles ====&lt;br /&gt;
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. &lt;br /&gt;
=== Sunni Narrations on Military Affairs during the Prophet’s Time ===&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
Furthermore, the author believes that the narration from Ibn Sa&#039;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.&lt;br /&gt;
====The Role of Arif and Naqib====&lt;br /&gt;
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. &lt;br /&gt;
&lt;br /&gt;
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&#039;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. &lt;br /&gt;
====Committing Forbidden Acts during  Espionage and Intelligence====&lt;br /&gt;
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.&lt;br /&gt;
==Notes on the Book==&lt;br /&gt;
{{column|3}}&lt;br /&gt;
# 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, &amp;quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: &#039;Do whatever you wish, for I have forgiven you&#039;&amp;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).&lt;br /&gt;
# 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.&lt;br /&gt;
# 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.&lt;br /&gt;
# 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 &amp;quot;suspicion&amp;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).&lt;br /&gt;
# 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.  &lt;br /&gt;
# None of the ten narrations in the section titled &amp;quot;Additional General Narrations on Torture&amp;quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.&lt;br /&gt;
# 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.&lt;br /&gt;
{{end}}&lt;br /&gt;
[[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]&lt;br /&gt;
[[category:Books by Najm al-Din Tabasi]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
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		<title>The Jurisprudential Foundations of Espionage and Counter-Espionage (Book)</title>
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		<updated>2026-05-26T18:31:59Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* About the Author */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;{{infobox book&lt;br /&gt;
| title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg&lt;br /&gt;
| caption = &amp;lt;!-- Add caption for the image --&amp;gt;&lt;br /&gt;
| other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī&lt;br /&gt;
| main title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| author = Mohammad Javad Asadi&lt;br /&gt;
| date of writing = 2021&lt;br /&gt;
| subject = Espionage, Counter-espionage, Islamic Jurisprudence&lt;br /&gt;
| style = Analytical, Jurisprudential&lt;br /&gt;
| language = Persian&lt;br /&gt;
| main language = Persian&lt;br /&gt;
| editor = &amp;lt;!-- Add editor name if available --&amp;gt;&lt;br /&gt;
| textual editing = &amp;lt;!-- Add textual editing details if relevant --&amp;gt;&lt;br /&gt;
| with the efforts of = &amp;lt;!-- Add contributors if relevant --&amp;gt;&lt;br /&gt;
| collection = &amp;lt;!-- Add collection name if available --&amp;gt;&lt;br /&gt;
| illustrator = &amp;lt;!-- Add illustrator name if available --&amp;gt;&lt;br /&gt;
| cover designer = &amp;lt;!-- Add cover designer name if available --&amp;gt;&lt;br /&gt;
| volumes = 1&lt;br /&gt;
| pages = 400&lt;br /&gt;
| size = &amp;lt;!-- Specify dimensions if known --&amp;gt;&lt;br /&gt;
| translations = &amp;lt;!-- Add translation details if available --&amp;gt;&lt;br /&gt;
| publisher = Islamic Research Institute for Culture and Thought&lt;br /&gt;
| publication place = Tehran, Iran&lt;br /&gt;
| publication date = 2021 (1st Edition)&lt;br /&gt;
| printing = 1st Edition&lt;br /&gt;
| print run = &amp;lt;!-- Add print run details if available --&amp;gt;&lt;br /&gt;
| isbn = &amp;lt;!-- Add ISBN number if available --&amp;gt;&lt;br /&gt;
| media type = Print&lt;br /&gt;
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| english name = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| translator = &amp;lt;!-- Add translator name if available --&amp;gt;&lt;br /&gt;
| publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)&lt;br /&gt;
| electronic version= &amp;lt;!-- Add link to electronic version if available --&amp;gt;&lt;br /&gt;
| other volumes = &amp;lt;!-- Add details of other volumes if available --&amp;gt;&lt;br /&gt;
}}&lt;br /&gt;
{{Author&lt;br /&gt;
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* &#039;&#039;&#039;abstract&#039;&#039;&#039;&lt;br /&gt;
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.&lt;br /&gt;
== A Brief Look at the Book  ==&lt;br /&gt;
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).&lt;br /&gt;
=== About the Author ===&lt;br /&gt;
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:&lt;br /&gt;
&lt;br /&gt;
- Al-Dirasat al-Fiqhiyya fi Masa&#039;il Khilafiyya (Jurisprudential Studies on Controversial Issues)&lt;br /&gt;
&lt;br /&gt;
- Al-Zawaj al-Muwaqqat &#039;inda al-Sahaba wa al-Tabi&#039;in (Temporary Marriage Among the Companions and Followers)&lt;br /&gt;
&lt;br /&gt;
- Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid&#039;a (Excommunication Between Tradition and Innovation)&lt;br /&gt;
&lt;br /&gt;
- Tab’id dar Islam (Exile in Islam)&lt;br /&gt;
- Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)&lt;br /&gt;
&lt;br /&gt;
- Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Structure of the Book ==&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
First Discourse: The Meaning of  Espionage and Intelligence &lt;br /&gt;
In this Discourse, the linguistic and terminological meanings of  Espionage and Intelligence are examined.&lt;br /&gt;
 &lt;br /&gt;
Second Discourse: Types of  Espionage and Intelligence and Spies&lt;br /&gt;
Here, the author categorizes  Espionage and Intelligence into five types and classifies spies into two categories.&lt;br /&gt;
&lt;br /&gt;
Third Discourse: The Ruling on  Espionage and Intelligence&lt;br /&gt;
&lt;br /&gt;
This Discourse is presented in two chapters:&lt;br /&gt;
&lt;br /&gt;
1.  Espionage and Intelligence benefiting disbelief (kufr) and in its interests.&lt;br /&gt;
&lt;br /&gt;
2.  Espionage and Intelligence benefiting Islam and the Islamic government.&lt;br /&gt;
&lt;br /&gt;
The first chapter includes three discussions:&lt;br /&gt;
&lt;br /&gt;
a) The ruling on a Muslim spy according to the fatwas of Shia jurists.&lt;br /&gt;
&lt;br /&gt;
b) The perspectives of Sunni jurists.&lt;br /&gt;
&lt;br /&gt;
c) The jurisprudential evidence for the ruling.&lt;br /&gt;
 &lt;br /&gt;
Fourth Discourse: On Arif and Naqib&lt;br /&gt;
Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of  Espionage and Intelligence?&lt;br /&gt;
 &lt;br /&gt;
Fifth Discourse: Committing Prohibited Acts During  Espionage and Intelligence&lt;br /&gt;
Is it permissible to commit sinful acts in the process of  Espionage and Intelligence?&lt;br /&gt;
== Meaning and Types of  Espionage and Intelligence ==&lt;br /&gt;
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.&lt;br /&gt;
In the second Discourse,  Espionage and Intelligence is classified based on its benefit or lack thereof:&lt;br /&gt;
&lt;br /&gt;
1. Investigating personal affairs without any rational motivation (i.e., meddling).&lt;br /&gt;
&lt;br /&gt;
2.  Espionage and Intelligence driven by corrupt intentions.&lt;br /&gt;
&lt;br /&gt;
3.  Espionage and Intelligence with a rational and legitimate purpose.&lt;br /&gt;
The third category is further divided into:&lt;br /&gt;
&lt;br /&gt;
a)  Espionage and Intelligence for a necessary purpose, such as preserving the Islamic government.&lt;br /&gt;
&lt;br /&gt;
b)  Espionage and Intelligence for a commendable purpose, such as identifying qualified individuals.&lt;br /&gt;
 &lt;br /&gt;
Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): &lt;br /&gt;
&lt;br /&gt;
1. Spies working in favor of the enemies of Islam. &lt;br /&gt;
&lt;br /&gt;
2. Spies working in favor of the Islamic state. &lt;br /&gt;
==Espionage and Intelligence Benefiting Disbelief (Kufr)==&lt;br /&gt;
===  The Ruling on a Muslim Spy ===&lt;br /&gt;
In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. &lt;br /&gt;
&lt;br /&gt;
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).&lt;br /&gt;
 &lt;br /&gt;
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.&lt;br /&gt;
 &lt;br /&gt;
3. Jurisprudential Evidence: The author presents five pieces of evidence:&lt;br /&gt;
&lt;br /&gt;
- Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da&#039;a&#039;im al-Islam). &lt;br /&gt;
&lt;br /&gt;
- 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.&lt;br /&gt;
&lt;br /&gt;
- A Historical Account: The exile of Hakam ibn Abi al-&#039;As, reportedly for  Espionage and Intelligence.&lt;br /&gt;
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&#039;zir (discretionary punishment).&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
As for the historical account of exile, the author believes that if it is proven that the reason for Hakam&#039;s exile was  Espionage and Intelligence, exile could be classified as a form of ta&#039;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.&lt;br /&gt;
=== Ruling on a Non-Muslim Spy ===&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
==== The Dhimmi Spy and the Musta&#039;min Spy ====&lt;br /&gt;
In the context of non-Muslim spies, the author explores two jurisprudential branches:&lt;br /&gt;
a) Does  Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: &lt;br /&gt;
&lt;br /&gt;
1.  Espionage and Intelligence immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected.  &lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
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&#039;s Uyun al-Azhar, which states: &amp;quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
b) The Ruling on a Mu&#039;ahid or Musta&#039;min Spy&lt;br /&gt;
 &lt;br /&gt;
The ruling on a spy who is a treaty-holder (Mu&#039;ahid) or a person under temporary protection (Musta&#039;min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: &lt;br /&gt;
&lt;br /&gt;
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&#039;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. &lt;br /&gt;
=== Torture of Spies and the Validity of Admission Under Torture ===&lt;br /&gt;
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.  &lt;br /&gt;
&lt;br /&gt;
Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &amp;quot;Views of Shia Jurists&amp;quot; and &amp;quot;Views of Sunni Jurists,&amp;quot; the opinions of some scholars from are presented.&lt;br /&gt;
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). &lt;br /&gt;
== Espionage and Intelligence for the Benefit of Islam and the Islamic System ==&lt;br /&gt;
In this Discourse, the author examines three Qur&#039;anic verses and eight narrations (hadiths), offering his analyses of each:&lt;br /&gt;
In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each:&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
3. [[Surah Al-Anfal, verse 27]]: &lt;br /&gt;
&lt;br /&gt;
- The context of the verse is debated:&lt;br /&gt;
&lt;br /&gt;
1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.&lt;br /&gt;
&lt;br /&gt;
2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.&lt;br /&gt;
&lt;br /&gt;
3. The story of Abu Lubaba during the war with Banu Qurayza.&lt;br /&gt;
   &lt;br /&gt;
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.&lt;br /&gt;
== Supplementary Discussions ==&lt;br /&gt;
====Juridical or Subject-Specific Exception?====&lt;br /&gt;
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?&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
==== The Use of Spies in the Lives of the Infallibles ====&lt;br /&gt;
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. &lt;br /&gt;
=== Sunni Narrations on Military Affairs during the Prophet’s Time ===&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
Furthermore, the author believes that the narration from Ibn Sa&#039;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.&lt;br /&gt;
====The Role of Arif and Naqib====&lt;br /&gt;
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. &lt;br /&gt;
&lt;br /&gt;
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&#039;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. &lt;br /&gt;
====Committing Forbidden Acts during  Espionage and Intelligence====&lt;br /&gt;
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.&lt;br /&gt;
==Notes on the Book==&lt;br /&gt;
{{column|3}}&lt;br /&gt;
# 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, &amp;quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: &#039;Do whatever you wish, for I have forgiven you&#039;&amp;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).&lt;br /&gt;
# 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.&lt;br /&gt;
# 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.&lt;br /&gt;
# 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 &amp;quot;suspicion&amp;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).&lt;br /&gt;
# 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.  &lt;br /&gt;
# None of the ten narrations in the section titled &amp;quot;Additional General Narrations on Torture&amp;quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.&lt;br /&gt;
# 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.&lt;br /&gt;
{{end}}&lt;br /&gt;
[[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]&lt;br /&gt;
[[category:Books by Najm al-Din Tabasi]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
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		<title>The Jurisprudential Foundations of Espionage and Counter-Espionage (Book)</title>
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		<updated>2026-05-26T17:50:17Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: &lt;/p&gt;
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&lt;div&gt;{{infobox book&lt;br /&gt;
| title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg&lt;br /&gt;
| caption = &amp;lt;!-- Add caption for the image --&amp;gt;&lt;br /&gt;
| other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī&lt;br /&gt;
| main title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| author = Mohammad Javad Asadi&lt;br /&gt;
| date of writing = 2021&lt;br /&gt;
| subject = Espionage, Counter-espionage, Islamic Jurisprudence&lt;br /&gt;
| style = Analytical, Jurisprudential&lt;br /&gt;
| language = Persian&lt;br /&gt;
| main language = Persian&lt;br /&gt;
| editor = &amp;lt;!-- Add editor name if available --&amp;gt;&lt;br /&gt;
| textual editing = &amp;lt;!-- Add textual editing details if relevant --&amp;gt;&lt;br /&gt;
| with the efforts of = &amp;lt;!-- Add contributors if relevant --&amp;gt;&lt;br /&gt;
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| volumes = 1&lt;br /&gt;
| pages = 400&lt;br /&gt;
| size = &amp;lt;!-- Specify dimensions if known --&amp;gt;&lt;br /&gt;
| translations = &amp;lt;!-- Add translation details if available --&amp;gt;&lt;br /&gt;
| publisher = Islamic Research Institute for Culture and Thought&lt;br /&gt;
| publication place = Tehran, Iran&lt;br /&gt;
| publication date = 2021 (1st Edition)&lt;br /&gt;
| printing = 1st Edition&lt;br /&gt;
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| english name = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
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| publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)&lt;br /&gt;
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}}&lt;br /&gt;
{{Author&lt;br /&gt;
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* &#039;&#039;&#039;abstract&#039;&#039;&#039;&lt;br /&gt;
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.&lt;br /&gt;
== A Brief Look at the Book  ==&lt;br /&gt;
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).&lt;br /&gt;
=== About the Author ===&lt;br /&gt;
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:&lt;br /&gt;
&lt;br /&gt;
- Al-Dirasat al-Fiqhiyya fi Masa&#039;il Khilafiyya (Jurisprudential Studies on Controversial Issues)&lt;br /&gt;
&lt;br /&gt;
- Al-Zawaj al-Muwaqqat &#039;inda al-Sahaba wa al-Tabi&#039;in (Temporary Marriage Among the Companions and Followers)&lt;br /&gt;
&lt;br /&gt;
- Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid&#039;a (Excommunication Between Tradition and Innovation)&lt;br /&gt;
&lt;br /&gt;
- Tab’id dar Islam (Exile in Islam)&lt;br /&gt;
- Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)&lt;br /&gt;
&lt;br /&gt;
- Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)&lt;br /&gt;
== Structure of the Book ==&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
First Discourse: The Meaning of  Espionage and Intelligence &lt;br /&gt;
In this Discourse, the linguistic and terminological meanings of  Espionage and Intelligence are examined.&lt;br /&gt;
 &lt;br /&gt;
Second Discourse: Types of  Espionage and Intelligence and Spies&lt;br /&gt;
Here, the author categorizes  Espionage and Intelligence into five types and classifies spies into two categories.&lt;br /&gt;
&lt;br /&gt;
Third Discourse: The Ruling on  Espionage and Intelligence&lt;br /&gt;
&lt;br /&gt;
This Discourse is presented in two chapters:&lt;br /&gt;
&lt;br /&gt;
1.  Espionage and Intelligence benefiting disbelief (kufr) and in its interests.&lt;br /&gt;
&lt;br /&gt;
2.  Espionage and Intelligence benefiting Islam and the Islamic government.&lt;br /&gt;
&lt;br /&gt;
The first chapter includes three discussions:&lt;br /&gt;
&lt;br /&gt;
a) The ruling on a Muslim spy according to the fatwas of Shia jurists.&lt;br /&gt;
&lt;br /&gt;
b) The perspectives of Sunni jurists.&lt;br /&gt;
&lt;br /&gt;
c) The jurisprudential evidence for the ruling.&lt;br /&gt;
 &lt;br /&gt;
Fourth Discourse: On Arif and Naqib&lt;br /&gt;
Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of  Espionage and Intelligence?&lt;br /&gt;
 &lt;br /&gt;
Fifth Discourse: Committing Prohibited Acts During  Espionage and Intelligence&lt;br /&gt;
Is it permissible to commit sinful acts in the process of  Espionage and Intelligence?&lt;br /&gt;
== Meaning and Types of  Espionage and Intelligence ==&lt;br /&gt;
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.&lt;br /&gt;
In the second Discourse,  Espionage and Intelligence is classified based on its benefit or lack thereof:&lt;br /&gt;
&lt;br /&gt;
1. Investigating personal affairs without any rational motivation (i.e., meddling).&lt;br /&gt;
&lt;br /&gt;
2.  Espionage and Intelligence driven by corrupt intentions.&lt;br /&gt;
&lt;br /&gt;
3.  Espionage and Intelligence with a rational and legitimate purpose.&lt;br /&gt;
The third category is further divided into:&lt;br /&gt;
&lt;br /&gt;
a)  Espionage and Intelligence for a necessary purpose, such as preserving the Islamic government.&lt;br /&gt;
&lt;br /&gt;
b)  Espionage and Intelligence for a commendable purpose, such as identifying qualified individuals.&lt;br /&gt;
 &lt;br /&gt;
Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): &lt;br /&gt;
&lt;br /&gt;
1. Spies working in favor of the enemies of Islam. &lt;br /&gt;
&lt;br /&gt;
2. Spies working in favor of the Islamic state. &lt;br /&gt;
==Espionage and Intelligence Benefiting Disbelief (Kufr)==&lt;br /&gt;
===  The Ruling on a Muslim Spy ===&lt;br /&gt;
In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. &lt;br /&gt;
&lt;br /&gt;
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).&lt;br /&gt;
 &lt;br /&gt;
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.&lt;br /&gt;
 &lt;br /&gt;
3. Jurisprudential Evidence: The author presents five pieces of evidence:&lt;br /&gt;
&lt;br /&gt;
- Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da&#039;a&#039;im al-Islam). &lt;br /&gt;
&lt;br /&gt;
- 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.&lt;br /&gt;
&lt;br /&gt;
- A Historical Account: The exile of Hakam ibn Abi al-&#039;As, reportedly for  Espionage and Intelligence.&lt;br /&gt;
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&#039;zir (discretionary punishment).&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
As for the historical account of exile, the author believes that if it is proven that the reason for Hakam&#039;s exile was  Espionage and Intelligence, exile could be classified as a form of ta&#039;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.&lt;br /&gt;
=== Ruling on a Non-Muslim Spy ===&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
==== The Dhimmi Spy and the Musta&#039;min Spy ====&lt;br /&gt;
In the context of non-Muslim spies, the author explores two jurisprudential branches:&lt;br /&gt;
a) Does  Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: &lt;br /&gt;
&lt;br /&gt;
1.  Espionage and Intelligence immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected.  &lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
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&#039;s Uyun al-Azhar, which states: &amp;quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
b) The Ruling on a Mu&#039;ahid or Musta&#039;min Spy&lt;br /&gt;
 &lt;br /&gt;
The ruling on a spy who is a treaty-holder (Mu&#039;ahid) or a person under temporary protection (Musta&#039;min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: &lt;br /&gt;
&lt;br /&gt;
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&#039;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. &lt;br /&gt;
=== Torture of Spies and the Validity of Admission Under Torture ===&lt;br /&gt;
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.  &lt;br /&gt;
&lt;br /&gt;
Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &amp;quot;Views of Shia Jurists&amp;quot; and &amp;quot;Views of Sunni Jurists,&amp;quot; the opinions of some scholars from are presented.&lt;br /&gt;
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). &lt;br /&gt;
== Espionage and Intelligence for the Benefit of Islam and the Islamic System ==&lt;br /&gt;
In this Discourse, the author examines three Qur&#039;anic verses and eight narrations (hadiths), offering his analyses of each:&lt;br /&gt;
In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each:&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
3. [[Surah Al-Anfal, verse 27]]: &lt;br /&gt;
&lt;br /&gt;
- The context of the verse is debated:&lt;br /&gt;
&lt;br /&gt;
1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.&lt;br /&gt;
&lt;br /&gt;
2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.&lt;br /&gt;
&lt;br /&gt;
3. The story of Abu Lubaba during the war with Banu Qurayza.&lt;br /&gt;
   &lt;br /&gt;
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.&lt;br /&gt;
== Supplementary Discussions ==&lt;br /&gt;
====Juridical or Subject-Specific Exception?====&lt;br /&gt;
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?&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
==== The Use of Spies in the Lives of the Infallibles ====&lt;br /&gt;
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. &lt;br /&gt;
=== Sunni Narrations on Military Affairs during the Prophet’s Time ===&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
Furthermore, the author believes that the narration from Ibn Sa&#039;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.&lt;br /&gt;
====The Role of Arif and Naqib====&lt;br /&gt;
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. &lt;br /&gt;
&lt;br /&gt;
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&#039;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. &lt;br /&gt;
====Committing Forbidden Acts during  Espionage and Intelligence====&lt;br /&gt;
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.&lt;br /&gt;
==Notes on the Book==&lt;br /&gt;
{{column|3}}&lt;br /&gt;
# 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, &amp;quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: &#039;Do whatever you wish, for I have forgiven you&#039;&amp;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).&lt;br /&gt;
# 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.&lt;br /&gt;
# 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.&lt;br /&gt;
# 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 &amp;quot;suspicion&amp;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).&lt;br /&gt;
# 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.  &lt;br /&gt;
# None of the ten narrations in the section titled &amp;quot;Additional General Narrations on Torture&amp;quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.&lt;br /&gt;
# 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.&lt;br /&gt;
{{end}}&lt;br /&gt;
[[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]&lt;br /&gt;
[[category:Books by Najm al-Din Tabasi]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
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		<title>The Jurisprudential Foundations of Espionage and Counter-Espionage (Book)</title>
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		<updated>2026-05-26T17:34:44Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;{{infobox book&lt;br /&gt;
| title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg&lt;br /&gt;
| caption = &amp;lt;!-- Add caption for the image --&amp;gt;&lt;br /&gt;
| other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī&lt;br /&gt;
| main title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| author = Mohammad Javad Asadi&lt;br /&gt;
| date of writing = 2021&lt;br /&gt;
| subject = Espionage, Counter-espionage, Islamic Jurisprudence&lt;br /&gt;
| style = Analytical, Jurisprudential&lt;br /&gt;
| language = Persian&lt;br /&gt;
| main language = Persian&lt;br /&gt;
| editor = &amp;lt;!-- Add editor name if available --&amp;gt;&lt;br /&gt;
| textual editing = &amp;lt;!-- Add textual editing details if relevant --&amp;gt;&lt;br /&gt;
| with the efforts of = &amp;lt;!-- Add contributors if relevant --&amp;gt;&lt;br /&gt;
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| volumes = 1&lt;br /&gt;
| pages = 400&lt;br /&gt;
| size = &amp;lt;!-- Specify dimensions if known --&amp;gt;&lt;br /&gt;
| translations = &amp;lt;!-- Add translation details if available --&amp;gt;&lt;br /&gt;
| publisher = Islamic Research Institute for Culture and Thought&lt;br /&gt;
| publication place = Tehran, Iran&lt;br /&gt;
| publication date = 2021 (1st Edition)&lt;br /&gt;
| printing = 1st Edition&lt;br /&gt;
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| english name = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
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| publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)&lt;br /&gt;
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}}&lt;br /&gt;
{{Author&lt;br /&gt;
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* &#039;&#039;&#039;abstract&#039;&#039;&#039;&lt;br /&gt;
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.&lt;br /&gt;
== A Brief Look at the Book  ==&lt;br /&gt;
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).&lt;br /&gt;
=== About the Author ===&lt;br /&gt;
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:&lt;br /&gt;
&lt;br /&gt;
- Al-Dirasat al-Fiqhiyya fi Masa&#039;il Khilafiyya (Jurisprudential Studies on Controversial Issues)&lt;br /&gt;
&lt;br /&gt;
- Al-Zawaj al-Muwaqqat &#039;inda al-Sahaba wa al-Tabi&#039;in (Temporary Marriage Among the Companions and Followers)&lt;br /&gt;
&lt;br /&gt;
- Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid&#039;a (Excommunication Between Tradition and Innovation)&lt;br /&gt;
&lt;br /&gt;
- Tab’id dar Islam (Exile in Islam)&lt;br /&gt;
- Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)&lt;br /&gt;
&lt;br /&gt;
- Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)&lt;br /&gt;
== Structure of the Book ==&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
First Discourse: The Meaning of  Espionage and Intelligence &lt;br /&gt;
In this Discourse, the linguistic and terminological meanings of  Espionage and Intelligence are examined.&lt;br /&gt;
 &lt;br /&gt;
Second Discourse: Types of  Espionage and Intelligence and Spies&lt;br /&gt;
Here, the author categorizes  Espionage and Intelligence into five types and classifies spies into two categories.&lt;br /&gt;
&lt;br /&gt;
Third Discourse: The Ruling on  Espionage and Intelligence&lt;br /&gt;
&lt;br /&gt;
This Discourse is presented in two chapters:&lt;br /&gt;
&lt;br /&gt;
1.  Espionage and Intelligence benefiting disbelief (kufr) and in its interests.&lt;br /&gt;
&lt;br /&gt;
2.  Espionage and Intelligence benefiting Islam and the Islamic government.&lt;br /&gt;
&lt;br /&gt;
The first chapter includes three discussions:&lt;br /&gt;
&lt;br /&gt;
a) The ruling on a Muslim spy according to the fatwas of Shia jurists.&lt;br /&gt;
&lt;br /&gt;
b) The perspectives of Sunni jurists.&lt;br /&gt;
&lt;br /&gt;
c) The jurisprudential evidence for the ruling.&lt;br /&gt;
 &lt;br /&gt;
Fourth Discourse: On Arif and Naqib&lt;br /&gt;
Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of  Espionage and Intelligence?&lt;br /&gt;
 &lt;br /&gt;
Fifth Discourse: Committing Prohibited Acts During  Espionage and Intelligence&lt;br /&gt;
Is it permissible to commit sinful acts in the process of  Espionage and Intelligence?&lt;br /&gt;
== Meaning and Types of  Espionage and Intelligence ==&lt;br /&gt;
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.&lt;br /&gt;
In the second Discourse,  Espionage and Intelligence is classified based on its benefit or lack thereof:&lt;br /&gt;
&lt;br /&gt;
1. Investigating personal affairs without any rational motivation (i.e., meddling).&lt;br /&gt;
&lt;br /&gt;
2.  Espionage and Intelligence driven by corrupt intentions.&lt;br /&gt;
&lt;br /&gt;
3.  Espionage and Intelligence with a rational and legitimate purpose.&lt;br /&gt;
The third category is further divided into:&lt;br /&gt;
&lt;br /&gt;
a)  Espionage and Intelligence for a necessary purpose, such as preserving the Islamic government.&lt;br /&gt;
&lt;br /&gt;
b)  Espionage and Intelligence for a commendable purpose, such as identifying qualified individuals.&lt;br /&gt;
 &lt;br /&gt;
Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): &lt;br /&gt;
&lt;br /&gt;
1. Spies working in favor of the enemies of Islam. &lt;br /&gt;
&lt;br /&gt;
2. Spies working in favor of the Islamic state. &lt;br /&gt;
==Espionage and Intelligence Benefiting Disbelief (Kufr)==&lt;br /&gt;
===  The Ruling on a Muslim Spy ===&lt;br /&gt;
In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. &lt;br /&gt;
&lt;br /&gt;
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).&lt;br /&gt;
 &lt;br /&gt;
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.&lt;br /&gt;
 &lt;br /&gt;
3. Jurisprudential Evidence: The author presents five pieces of evidence:&lt;br /&gt;
&lt;br /&gt;
- Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da&#039;a&#039;im al-Islam). &lt;br /&gt;
&lt;br /&gt;
- 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.&lt;br /&gt;
&lt;br /&gt;
- A Historical Account: The exile of Hakam ibn Abi al-&#039;As, reportedly for  Espionage and Intelligence.&lt;br /&gt;
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&#039;zir (discretionary punishment).&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
As for the historical account of exile, the author believes that if it is proven that the reason for Hakam&#039;s exile was  Espionage and Intelligence, exile could be classified as a form of ta&#039;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.&lt;br /&gt;
=== Ruling on a Non-Muslim Spy ===&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
==== The Dhimmi Spy and the Musta&#039;min Spy ====&lt;br /&gt;
In the context of non-Muslim spies, the author explores two jurisprudential branches:&lt;br /&gt;
a) Does  Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: &lt;br /&gt;
&lt;br /&gt;
1.  Espionage and Intelligence immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected.  &lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
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&#039;s Uyun al-Azhar, which states: &amp;quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
b) The Ruling on a Mu&#039;ahid or Musta&#039;min Spy&lt;br /&gt;
 &lt;br /&gt;
The ruling on a spy who is a treaty-holder (Mu&#039;ahid) or a person under temporary protection (Musta&#039;min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: &lt;br /&gt;
&lt;br /&gt;
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&#039;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. &lt;br /&gt;
=== Torture of Spies and the Validity of Admission Under Torture ===&lt;br /&gt;
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.  &lt;br /&gt;
&lt;br /&gt;
Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &amp;quot;Views of Shia Jurists&amp;quot; and &amp;quot;Views of Sunni Jurists,&amp;quot; the opinions of some scholars from are presented.&lt;br /&gt;
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). &lt;br /&gt;
== Espionage and Intelligence for the Benefit of Islam and the Islamic System ==&lt;br /&gt;
In this Discourse, the author examines three Qur&#039;anic verses and eight narrations (hadiths), offering his analyses of each:&lt;br /&gt;
In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each:&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
3. [[Surah Al-Anfal, verse 27]]: &lt;br /&gt;
&lt;br /&gt;
- The context of the verse is debated:&lt;br /&gt;
&lt;br /&gt;
1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.&lt;br /&gt;
&lt;br /&gt;
2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.&lt;br /&gt;
&lt;br /&gt;
3. The story of Abu Lubaba during the war with Banu Qurayza.&lt;br /&gt;
   &lt;br /&gt;
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.&lt;br /&gt;
== Supplementary Discussions ==&lt;br /&gt;
====Juridical or Subject-Specific Exception?====&lt;br /&gt;
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?&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
==== The Use of Spies in the Lives of the Infallibles ====&lt;br /&gt;
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. &lt;br /&gt;
=== Sunni Narrations on Military Affairs during the Prophet’s Time ===&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
Furthermore, the author believes that the narration from Ibn Sa&#039;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.&lt;br /&gt;
====The Role of Arif and Naqib====&lt;br /&gt;
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. &lt;br /&gt;
&lt;br /&gt;
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&#039;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. &lt;br /&gt;
====Committing Forbidden Acts during  Espionage and Intelligence====&lt;br /&gt;
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.&lt;br /&gt;
==Notes on the Book==&lt;br /&gt;
{{column|3}}&lt;br /&gt;
# 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, &amp;quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: &#039;Do whatever you wish, for I have forgiven you&#039;&amp;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).&lt;br /&gt;
# 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.&lt;br /&gt;
# 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.&lt;br /&gt;
# 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 &amp;quot;suspicion&amp;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).&lt;br /&gt;
# 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.  &lt;br /&gt;
# None of the ten narrations in the section titled &amp;quot;Additional General Narrations on Torture&amp;quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.&lt;br /&gt;
# 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.&lt;br /&gt;
{{end}}&lt;br /&gt;
[[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]&lt;br /&gt;
[[category:Books by Najm al-Din Tabasi]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
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		<title>The Jurisprudential Foundations of Espionage and Counter-Espionage (Book)</title>
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		<updated>2026-05-26T17:16:37Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;{{infobox book&lt;br /&gt;
| title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg&lt;br /&gt;
| caption = &amp;lt;!-- Add caption for the image --&amp;gt;&lt;br /&gt;
| other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī&lt;br /&gt;
| main title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| author = Mohammad Javad Asadi&lt;br /&gt;
| date of writing = 2021&lt;br /&gt;
| subject = Espionage, Counter-espionage, Islamic Jurisprudence&lt;br /&gt;
| style = Analytical, Jurisprudential&lt;br /&gt;
| language = Persian&lt;br /&gt;
| main language = Persian&lt;br /&gt;
| editor = &amp;lt;!-- Add editor name if available --&amp;gt;&lt;br /&gt;
| textual editing = &amp;lt;!-- Add textual editing details if relevant --&amp;gt;&lt;br /&gt;
| with the efforts of = &amp;lt;!-- Add contributors if relevant --&amp;gt;&lt;br /&gt;
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| volumes = 1&lt;br /&gt;
| pages = 400&lt;br /&gt;
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| translations = &amp;lt;!-- Add translation details if available --&amp;gt;&lt;br /&gt;
| publisher = Islamic Research Institute for Culture and Thought&lt;br /&gt;
| publication place = Tehran, Iran&lt;br /&gt;
| publication date = 2021 (1st Edition)&lt;br /&gt;
| printing = 1st Edition&lt;br /&gt;
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| english name = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
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| publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)&lt;br /&gt;
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}}&lt;br /&gt;
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* &#039;&#039;&#039;abstract&#039;&#039;&#039;&lt;br /&gt;
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.&lt;br /&gt;
== A Brief Look at the Book  ==&lt;br /&gt;
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).&lt;br /&gt;
=== About the Author ===&lt;br /&gt;
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:&lt;br /&gt;
&lt;br /&gt;
- Al-Dirasat al-Fiqhiyya fi Masa&#039;il Khilafiyya (Jurisprudential Studies on Controversial Issues)&lt;br /&gt;
&lt;br /&gt;
- Al-Zawaj al-Muwaqqat &#039;inda al-Sahaba wa al-Tabi&#039;in (Temporary Marriage Among the Companions and Followers)&lt;br /&gt;
&lt;br /&gt;
- Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid&#039;a (Excommunication Between Tradition and Innovation)&lt;br /&gt;
&lt;br /&gt;
- Tab’id dar Islam (Exile in Islam)&lt;br /&gt;
- Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)&lt;br /&gt;
&lt;br /&gt;
- Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)&lt;br /&gt;
== Structure of the Book ==&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
First Discourse: The Meaning of  Espionage and Intelligence &lt;br /&gt;
In this Discourse, the linguistic and terminological meanings of  Espionage and Intelligence are examined.&lt;br /&gt;
 &lt;br /&gt;
Second Discourse: Types of  Espionage and Intelligence and Spies&lt;br /&gt;
Here, the author categorizes  Espionage and Intelligence into five types and classifies spies into two categories.&lt;br /&gt;
&lt;br /&gt;
Third Discourse: The Ruling on  Espionage and Intelligence&lt;br /&gt;
&lt;br /&gt;
This Discourse is presented in two chapters:&lt;br /&gt;
&lt;br /&gt;
1.  Espionage and Intelligence benefiting disbelief (kufr) and in its interests.&lt;br /&gt;
&lt;br /&gt;
2.  Espionage and Intelligence benefiting Islam and the Islamic government.&lt;br /&gt;
&lt;br /&gt;
The first chapter includes three discussions:&lt;br /&gt;
&lt;br /&gt;
a) The ruling on a Muslim spy according to the fatwas of Shia jurists.&lt;br /&gt;
&lt;br /&gt;
b) The perspectives of Sunni jurists.&lt;br /&gt;
&lt;br /&gt;
c) The jurisprudential evidence for the ruling.&lt;br /&gt;
 &lt;br /&gt;
Fourth Discourse: On Arif and Naqib&lt;br /&gt;
Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of  Espionage and Intelligence?&lt;br /&gt;
 &lt;br /&gt;
Fifth Discourse: Committing Prohibited Acts During  Espionage and Intelligence&lt;br /&gt;
Is it permissible to commit sinful acts in the process of  Espionage and Intelligence?&lt;br /&gt;
== Meaning and Types of  Espionage and Intelligence ==&lt;br /&gt;
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.&lt;br /&gt;
In the second Discourse,  Espionage and Intelligence is classified based on its benefit or lack thereof:&lt;br /&gt;
&lt;br /&gt;
1. Investigating personal affairs without any rational motivation (i.e., meddling).&lt;br /&gt;
&lt;br /&gt;
2.  Espionage and Intelligence driven by corrupt intentions.&lt;br /&gt;
&lt;br /&gt;
3.  Espionage and Intelligence with a rational and legitimate purpose.&lt;br /&gt;
The third category is further divided into:&lt;br /&gt;
&lt;br /&gt;
a)  Espionage and Intelligence for a necessary purpose, such as preserving the Islamic government.&lt;br /&gt;
&lt;br /&gt;
b)  Espionage and Intelligence for a commendable purpose, such as identifying qualified individuals.&lt;br /&gt;
 &lt;br /&gt;
Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): &lt;br /&gt;
&lt;br /&gt;
1. Spies working in favor of the enemies of Islam. &lt;br /&gt;
&lt;br /&gt;
2. Spies working in favor of the Islamic state. &lt;br /&gt;
==Espionage and Intelligence Benefiting Disbelief (Kufr)==&lt;br /&gt;
===  The Ruling on a Muslim Spy ===&lt;br /&gt;
In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. &lt;br /&gt;
&lt;br /&gt;
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).&lt;br /&gt;
 &lt;br /&gt;
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.&lt;br /&gt;
 &lt;br /&gt;
3. Jurisprudential Evidence: The author presents five pieces of evidence:&lt;br /&gt;
&lt;br /&gt;
- Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da&#039;a&#039;im al-Islam). &lt;br /&gt;
&lt;br /&gt;
- 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.&lt;br /&gt;
&lt;br /&gt;
- A Historical Account: The exile of Hakam ibn Abi al-&#039;As, reportedly for  Espionage and Intelligence.&lt;br /&gt;
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&#039;zir (discretionary punishment).&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
As for the historical account of exile, the author believes that if it is proven that the reason for Hakam&#039;s exile was  Espionage and Intelligence, exile could be classified as a form of ta&#039;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.&lt;br /&gt;
=== Ruling on a Non-Muslim Spy ===&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
==== The Dhimmi Spy and the Musta&#039;min Spy ====&lt;br /&gt;
In the context of non-Muslim spies, the author explores two jurisprudential branches:&lt;br /&gt;
a) Does  Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: &lt;br /&gt;
&lt;br /&gt;
1.  Espionage and Intelligence immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected.  &lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
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&#039;s Uyun al-Azhar, which states: &amp;quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
b) The Ruling on a Mu&#039;ahid or Musta&#039;min Spy&lt;br /&gt;
 &lt;br /&gt;
The ruling on a spy who is a treaty-holder (Mu&#039;ahid) or a person under temporary protection (Musta&#039;min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: &lt;br /&gt;
&lt;br /&gt;
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&#039;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. &lt;br /&gt;
=== Torture of Spies and the Validity of Admission Under Torture ===&lt;br /&gt;
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.  &lt;br /&gt;
&lt;br /&gt;
Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &amp;quot;Views of Shia Jurists&amp;quot; and &amp;quot;Views of Sunni Jurists,&amp;quot; the opinions of some scholars from are presented.&lt;br /&gt;
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). &lt;br /&gt;
== Espionage and Intelligence for the Benefit of Islam and the Islamic System ==&lt;br /&gt;
In this Discourse, the author examines three Qur&#039;anic verses and eight narrations (hadiths), offering his analyses of each:&lt;br /&gt;
In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each:&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
3. [[Surah Al-Anfal, verse 27]]: &lt;br /&gt;
&lt;br /&gt;
- The context of the verse is debated:&lt;br /&gt;
&lt;br /&gt;
1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.&lt;br /&gt;
&lt;br /&gt;
2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.&lt;br /&gt;
&lt;br /&gt;
3. The story of Abu Lubaba during the war with Banu Qurayza.&lt;br /&gt;
   &lt;br /&gt;
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.&lt;br /&gt;
== Supplementary Discussions ==&lt;br /&gt;
====Juridical or Subject-Specific Exception?====&lt;br /&gt;
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?&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
==== The Use of Spies in the Lives of the Infallibles ====&lt;br /&gt;
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. &lt;br /&gt;
=== Sunni Narrations on Military Affairs during the Prophet’s Time ===&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
Furthermore, the author believes that the narration from Ibn Sa&#039;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.&lt;br /&gt;
====The Role of Arif and Naqib====&lt;br /&gt;
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. &lt;br /&gt;
&lt;br /&gt;
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&#039;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. &lt;br /&gt;
====Committing Forbidden Acts during  Espionage and Intelligence====&lt;br /&gt;
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.&lt;br /&gt;
==Notes on the Book==&lt;br /&gt;
{{column|3}}&lt;br /&gt;
# 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, &amp;quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: &#039;Do whatever you wish, for I have forgiven you&#039;&amp;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).&lt;br /&gt;
# 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.&lt;br /&gt;
# 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.&lt;br /&gt;
# 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 &amp;quot;suspicion&amp;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).&lt;br /&gt;
# 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.  &lt;br /&gt;
# None of the ten narrations in the section titled &amp;quot;Additional General Narrations on Torture&amp;quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.&lt;br /&gt;
# 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.&lt;br /&gt;
{{end}}&lt;br /&gt;
[[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]&lt;br /&gt;
[[category:Books by Najm al-Din Tabasi]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
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		<title>The Jurisprudential Foundations of Espionage and Counter-Espionage (Book)</title>
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		<updated>2026-05-26T17:04:41Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;{{infobox book&lt;br /&gt;
| title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg&lt;br /&gt;
| caption = &amp;lt;!-- Add caption for the image --&amp;gt;&lt;br /&gt;
| other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī&lt;br /&gt;
| main title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| author = Mohammad Javad Asadi&lt;br /&gt;
| date of writing = 2021&lt;br /&gt;
| subject = Espionage, Counter-espionage, Islamic Jurisprudence&lt;br /&gt;
| style = Analytical, Jurisprudential&lt;br /&gt;
| language = Persian&lt;br /&gt;
| main language = Persian&lt;br /&gt;
| editor = &amp;lt;!-- Add editor name if available --&amp;gt;&lt;br /&gt;
| textual editing = &amp;lt;!-- Add textual editing details if relevant --&amp;gt;&lt;br /&gt;
| with the efforts of = &amp;lt;!-- Add contributors if relevant --&amp;gt;&lt;br /&gt;
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| volumes = 1&lt;br /&gt;
| pages = 400&lt;br /&gt;
| size = &amp;lt;!-- Specify dimensions if known --&amp;gt;&lt;br /&gt;
| translations = &amp;lt;!-- Add translation details if available --&amp;gt;&lt;br /&gt;
| publisher = Islamic Research Institute for Culture and Thought&lt;br /&gt;
| publication place = Tehran, Iran&lt;br /&gt;
| publication date = 2021 (1st Edition)&lt;br /&gt;
| printing = 1st Edition&lt;br /&gt;
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| english name = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
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| publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)&lt;br /&gt;
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}}&lt;br /&gt;
{{Author&lt;br /&gt;
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* &#039;&#039;&#039;abstract&#039;&#039;&#039;&lt;br /&gt;
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.&lt;br /&gt;
== A Brief Look at the Book  ==&lt;br /&gt;
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).&lt;br /&gt;
=== About the Author ===&lt;br /&gt;
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:&lt;br /&gt;
&lt;br /&gt;
- Al-Dirasat al-Fiqhiyya fi Masa&#039;il Khilafiyya (Jurisprudential Studies on Controversial Issues)&lt;br /&gt;
&lt;br /&gt;
- Al-Zawaj al-Muwaqqat &#039;inda al-Sahaba wa al-Tabi&#039;in (Temporary Marriage Among the Companions and Followers)&lt;br /&gt;
&lt;br /&gt;
- Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid&#039;a (Excommunication Between Tradition and Innovation)&lt;br /&gt;
&lt;br /&gt;
- Tab’id dar Islam (Exile in Islam)&lt;br /&gt;
- Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)&lt;br /&gt;
&lt;br /&gt;
- Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)&lt;br /&gt;
== Structure of the Book ==&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
First Discourse: The Meaning of  Espionage and Intelligence &lt;br /&gt;
In this Discourse, the linguistic and terminological meanings of  Espionage and Intelligence are examined.&lt;br /&gt;
 &lt;br /&gt;
Second Discourse: Types of  Espionage and Intelligence and Spies&lt;br /&gt;
Here, the author categorizes  Espionage and Intelligence into five types and classifies spies into two categories.&lt;br /&gt;
&lt;br /&gt;
Third Discourse: The Ruling on  Espionage and Intelligence&lt;br /&gt;
&lt;br /&gt;
This Discourse is presented in two chapters:&lt;br /&gt;
&lt;br /&gt;
1.  Espionage and Intelligence benefiting disbelief (kufr) and in its interests.&lt;br /&gt;
&lt;br /&gt;
2.  Espionage and Intelligence benefiting Islam and the Islamic government.&lt;br /&gt;
&lt;br /&gt;
The first chapter includes three discussions:&lt;br /&gt;
&lt;br /&gt;
a) The ruling on a Muslim spy according to the fatwas of Shia jurists.&lt;br /&gt;
&lt;br /&gt;
b) The perspectives of Sunni jurists.&lt;br /&gt;
&lt;br /&gt;
c) The jurisprudential evidence for the ruling.&lt;br /&gt;
 &lt;br /&gt;
Fourth Discourse: On Arif and Naqib&lt;br /&gt;
Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of  Espionage and Intelligence?&lt;br /&gt;
 &lt;br /&gt;
Fifth Discourse: Committing Prohibited Acts During  Espionage and Intelligence&lt;br /&gt;
Is it permissible to commit sinful acts in the process of  Espionage and Intelligence?&lt;br /&gt;
== Meaning and Types of  Espionage and Intelligence ==&lt;br /&gt;
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.&lt;br /&gt;
In the second Discourse,  Espionage and Intelligence is classified based on its benefit or lack thereof:&lt;br /&gt;
&lt;br /&gt;
1. Investigating personal affairs without any rational motivation (i.e., meddling).&lt;br /&gt;
&lt;br /&gt;
2.  Espionage and Intelligence driven by corrupt intentions.&lt;br /&gt;
&lt;br /&gt;
3.  Espionage and Intelligence with a rational and legitimate purpose.&lt;br /&gt;
The third category is further divided into:&lt;br /&gt;
&lt;br /&gt;
a)  Espionage and Intelligence for a necessary purpose, such as preserving the Islamic government.&lt;br /&gt;
&lt;br /&gt;
b)  Espionage and Intelligence for a commendable purpose, such as identifying qualified individuals.&lt;br /&gt;
 &lt;br /&gt;
Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): &lt;br /&gt;
&lt;br /&gt;
1. Spies working in favor of the enemies of Islam. &lt;br /&gt;
&lt;br /&gt;
2. Spies working in favor of the Islamic state. &lt;br /&gt;
==Espionage and Intelligence Benefiting Disbelief (Kufr)==&lt;br /&gt;
===  The Ruling on a Muslim Spy ===&lt;br /&gt;
In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. &lt;br /&gt;
&lt;br /&gt;
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).&lt;br /&gt;
 &lt;br /&gt;
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.&lt;br /&gt;
 &lt;br /&gt;
3. Jurisprudential Evidence: The author presents five pieces of evidence:&lt;br /&gt;
&lt;br /&gt;
- Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da&#039;a&#039;im al-Islam). &lt;br /&gt;
&lt;br /&gt;
- 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.&lt;br /&gt;
&lt;br /&gt;
- A Historical Account: The exile of Hakam ibn Abi al-&#039;As, reportedly for  Espionage and Intelligence.&lt;br /&gt;
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&#039;zir (discretionary punishment).&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
As for the historical account of exile, the author believes that if it is proven that the reason for Hakam&#039;s exile was  Espionage and Intelligence, exile could be classified as a form of ta&#039;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.&lt;br /&gt;
=== Ruling on a Non-Muslim Spy ===&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
==== The Dhimmi Spy and the Musta&#039;min Spy ====&lt;br /&gt;
In the context of non-Muslim spies, the author explores two jurisprudential branches:&lt;br /&gt;
a) Does  Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: &lt;br /&gt;
&lt;br /&gt;
1.  Espionage and Intelligence immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected.  &lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
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&#039;s Uyun al-Azhar, which states: &amp;quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
b) The Ruling on a Mu&#039;ahid or Musta&#039;min Spy&lt;br /&gt;
 &lt;br /&gt;
The ruling on a spy who is a treaty-holder (Mu&#039;ahid) or a person under temporary protection (Musta&#039;min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: &lt;br /&gt;
&lt;br /&gt;
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&#039;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. &lt;br /&gt;
=== Torture of Spies and the Validity of Admission Under Torture ===&lt;br /&gt;
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.  &lt;br /&gt;
&lt;br /&gt;
Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &amp;quot;Views of Shia Jurists&amp;quot; and &amp;quot;Views of Sunni Jurists,&amp;quot; the opinions of some scholars from are presented.&lt;br /&gt;
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). &lt;br /&gt;
== Espionage and Intelligence for the Benefit of Islam and the Islamic System ==&lt;br /&gt;
In this Discourse, the author examines three Qur&#039;anic verses and eight narrations (hadiths), offering his analyses of each:&lt;br /&gt;
In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each:&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
3. [[Surah Al-Anfal, verse 27]]: &lt;br /&gt;
&lt;br /&gt;
- The context of the verse is debated:&lt;br /&gt;
&lt;br /&gt;
1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.&lt;br /&gt;
&lt;br /&gt;
2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.&lt;br /&gt;
&lt;br /&gt;
3. The story of Abu Lubaba during the war with Banu Qurayza.&lt;br /&gt;
   &lt;br /&gt;
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.&lt;br /&gt;
== Supplementary Discussions ==&lt;br /&gt;
====Juridical or Subject-Specific Exception?====&lt;br /&gt;
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?&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
==== The Use of Spies in the Lives of the Infallibles ====&lt;br /&gt;
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. &lt;br /&gt;
=== Sunni Narrations on Military Affairs during the Prophet’s Time ===&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
Furthermore, the author believes that the narration from Ibn Sa&#039;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.&lt;br /&gt;
====The Role of Arif and Naqib====&lt;br /&gt;
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. &lt;br /&gt;
&lt;br /&gt;
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&#039;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. &lt;br /&gt;
====Committing Forbidden Acts during  Espionage and Intelligence====&lt;br /&gt;
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.&lt;br /&gt;
==Notes on the Book==&lt;br /&gt;
{{column|3}}&lt;br /&gt;
# 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, &amp;quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: &#039;Do whatever you wish, for I have forgiven you&#039;&amp;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).&lt;br /&gt;
# 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.&lt;br /&gt;
# 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.&lt;br /&gt;
# 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 &amp;quot;suspicion&amp;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).&lt;br /&gt;
# 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.  &lt;br /&gt;
# None of the ten narrations in the section titled &amp;quot;Additional General Narrations on Torture&amp;quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.&lt;br /&gt;
# 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.&lt;br /&gt;
{{end}}&lt;br /&gt;
[[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]&lt;br /&gt;
[[category:Books by Najm al-Din Tabasi]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
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		<title>The Jurisprudential Foundations of Espionage and Counter-Espionage (Book)</title>
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		<updated>2026-05-26T17:00:46Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: &lt;/p&gt;
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&lt;div&gt;{{infobox book&lt;br /&gt;
| title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg&lt;br /&gt;
| caption = &amp;lt;!-- Add caption for the image --&amp;gt;&lt;br /&gt;
| other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī&lt;br /&gt;
| main title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| author = Mohammad Javad Asadi&lt;br /&gt;
| date of writing = 2021&lt;br /&gt;
| subject = Espionage, Counter-espionage, Islamic Jurisprudence&lt;br /&gt;
| style = Analytical, Jurisprudential&lt;br /&gt;
| language = Persian&lt;br /&gt;
| main language = Persian&lt;br /&gt;
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| pages = 400&lt;br /&gt;
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| translations = &amp;lt;!-- Add translation details if available --&amp;gt;&lt;br /&gt;
| publisher = Islamic Research Institute for Culture and Thought&lt;br /&gt;
| publication place = Tehran, Iran&lt;br /&gt;
| publication date = 2021 (1st Edition)&lt;br /&gt;
| printing = 1st Edition&lt;br /&gt;
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| english name = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
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| publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)&lt;br /&gt;
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* &#039;&#039;&#039;abstract&#039;&#039;&#039;&lt;br /&gt;
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.&lt;br /&gt;
== A Brief Look at the Book  ==&lt;br /&gt;
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).&lt;br /&gt;
=== About the Author ===&lt;br /&gt;
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:&lt;br /&gt;
&lt;br /&gt;
- Al-Dirasat al-Fiqhiyya fi Masa&#039;il Khilafiyya (Jurisprudential Studies on Controversial Issues)&lt;br /&gt;
&lt;br /&gt;
- Al-Zawaj al-Muwaqqat &#039;inda al-Sahaba wa al-Tabi&#039;in (Temporary Marriage Among the Companions and Followers)&lt;br /&gt;
&lt;br /&gt;
- Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid&#039;a (Excommunication Between Tradition and Innovation)&lt;br /&gt;
&lt;br /&gt;
- Tab’id dar Islam (Exile in Islam)&lt;br /&gt;
- Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)&lt;br /&gt;
&lt;br /&gt;
- Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)&lt;br /&gt;
== Structure of the Book ==&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
First Discourse: The Meaning of  Intelligence Gathering &lt;br /&gt;
In this Discourse, the linguistic and terminological meanings of  Intelligence Gathering are examined.&lt;br /&gt;
 &lt;br /&gt;
Second Discourse: Types of  Intelligence Gathering and Spies&lt;br /&gt;
Here, the author categorizes  Intelligence Gathering into five types and classifies spies into two categories.&lt;br /&gt;
&lt;br /&gt;
Third Discourse: The Ruling on  Intelligence Gathering&lt;br /&gt;
&lt;br /&gt;
This Discourse is presented in two chapters:&lt;br /&gt;
&lt;br /&gt;
1.  Intelligence Gathering benefiting disbelief (kufr) and in its interests.&lt;br /&gt;
&lt;br /&gt;
2.  Intelligence Gathering benefiting Islam and the Islamic government.&lt;br /&gt;
&lt;br /&gt;
The first chapter includes three discussions:&lt;br /&gt;
&lt;br /&gt;
a) The ruling on a Muslim spy according to the fatwas of Shia jurists.&lt;br /&gt;
&lt;br /&gt;
b) The perspectives of Sunni jurists.&lt;br /&gt;
&lt;br /&gt;
c) The jurisprudential evidence for the ruling.&lt;br /&gt;
 &lt;br /&gt;
Fourth Discourse: On Arif and Naqib&lt;br /&gt;
Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of  Intelligence Gathering?&lt;br /&gt;
 &lt;br /&gt;
Fifth Discourse: Committing Prohibited Acts During  Intelligence Gathering&lt;br /&gt;
Is it permissible to commit sinful acts in the process of  Intelligence Gathering?&lt;br /&gt;
== Meaning and Types of  Intelligence Gathering ==&lt;br /&gt;
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.&lt;br /&gt;
In the second Discourse,  Intelligence Gathering is classified based on its benefit or lack thereof:&lt;br /&gt;
&lt;br /&gt;
1. Investigating personal affairs without any rational motivation (i.e., meddling).&lt;br /&gt;
&lt;br /&gt;
2.  Intelligence Gathering driven by corrupt intentions.&lt;br /&gt;
&lt;br /&gt;
3.  Intelligence Gathering with a rational and legitimate purpose.&lt;br /&gt;
The third category is further divided into:&lt;br /&gt;
&lt;br /&gt;
a)  Intelligence Gathering for a necessary purpose, such as preserving the Islamic government.&lt;br /&gt;
&lt;br /&gt;
b)  Intelligence Gathering for a commendable purpose, such as identifying qualified individuals.&lt;br /&gt;
 &lt;br /&gt;
Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): &lt;br /&gt;
&lt;br /&gt;
1. Spies working in favor of the enemies of Islam. &lt;br /&gt;
&lt;br /&gt;
2. Spies working in favor of the Islamic state. &lt;br /&gt;
==Intelligence Gathering Benefiting Disbelief (Kufr)==&lt;br /&gt;
===  The Ruling on a Muslim Spy ===&lt;br /&gt;
In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. &lt;br /&gt;
&lt;br /&gt;
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).&lt;br /&gt;
 &lt;br /&gt;
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.&lt;br /&gt;
 &lt;br /&gt;
3. Jurisprudential Evidence: The author presents five pieces of evidence:&lt;br /&gt;
&lt;br /&gt;
- Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da&#039;a&#039;im al-Islam). &lt;br /&gt;
&lt;br /&gt;
- 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.&lt;br /&gt;
&lt;br /&gt;
- A Historical Account: The exile of Hakam ibn Abi al-&#039;As, reportedly for  Intelligence Gathering.&lt;br /&gt;
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&#039;zir (discretionary punishment).&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
As for the historical account of exile, the author believes that if it is proven that the reason for Hakam&#039;s exile was  Intelligence Gathering, exile could be classified as a form of ta&#039;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.&lt;br /&gt;
=== Ruling on a Non-Muslim Spy ===&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
==== The Dhimmi Spy and the Musta&#039;min Spy ====&lt;br /&gt;
In the context of non-Muslim spies, the author explores two jurisprudential branches:&lt;br /&gt;
a) Does  Intelligence Gathering violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: &lt;br /&gt;
&lt;br /&gt;
1.  Intelligence Gathering immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected.  &lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
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&#039;s Uyun al-Azhar, which states: &amp;quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
b) The Ruling on a Mu&#039;ahid or Musta&#039;min Spy&lt;br /&gt;
 &lt;br /&gt;
The ruling on a spy who is a treaty-holder (Mu&#039;ahid) or a person under temporary protection (Musta&#039;min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: &lt;br /&gt;
&lt;br /&gt;
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&#039;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. &lt;br /&gt;
=== Torture of Spies and the Validity of Admission Under Torture ===&lt;br /&gt;
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.  &lt;br /&gt;
&lt;br /&gt;
Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &amp;quot;Views of Shia Jurists&amp;quot; and &amp;quot;Views of Sunni Jurists,&amp;quot; the opinions of some scholars from are presented.&lt;br /&gt;
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). &lt;br /&gt;
== Intelligence Gathering for the Benefit of Islam and the Islamic System ==&lt;br /&gt;
In this Discourse, the author examines three Qur&#039;anic verses and eight narrations (hadiths), offering his analyses of each:&lt;br /&gt;
In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each:&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
3. [[Surah Al-Anfal, verse 27]]: &lt;br /&gt;
&lt;br /&gt;
- The context of the verse is debated:&lt;br /&gt;
&lt;br /&gt;
1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.&lt;br /&gt;
&lt;br /&gt;
2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.&lt;br /&gt;
&lt;br /&gt;
3. The story of Abu Lubaba during the war with Banu Qurayza.&lt;br /&gt;
   &lt;br /&gt;
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.&lt;br /&gt;
== Supplementary Discussions ==&lt;br /&gt;
====Juridical or Subject-Specific Exception?====&lt;br /&gt;
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?&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
==== The Use of Spies in the Lives of the Infallibles ====&lt;br /&gt;
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. &lt;br /&gt;
=== Sunni Narrations on Military Affairs during the Prophet’s Time ===&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
Furthermore, the author believes that the narration from Ibn Sa&#039;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.&lt;br /&gt;
====The Role of Arif and Naqib====&lt;br /&gt;
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. &lt;br /&gt;
&lt;br /&gt;
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&#039;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. &lt;br /&gt;
====Committing Forbidden Acts during  Intelligence Gathering====&lt;br /&gt;
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.&lt;br /&gt;
==Notes on the Book==&lt;br /&gt;
{{column|3}}&lt;br /&gt;
# 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, &amp;quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: &#039;Do whatever you wish, for I have forgiven you&#039;&amp;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).&lt;br /&gt;
# 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.&lt;br /&gt;
# 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.&lt;br /&gt;
# 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 &amp;quot;suspicion&amp;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).&lt;br /&gt;
# 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.  &lt;br /&gt;
# None of the ten narrations in the section titled &amp;quot;Additional General Narrations on Torture&amp;quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.&lt;br /&gt;
# 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.&lt;br /&gt;
{{end}}&lt;br /&gt;
[[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]&lt;br /&gt;
[[category:Books by Najm al-Din Tabasi]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
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		<title>The Jurisprudential Foundations of Espionage and Counter-Espionage (Book)</title>
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		<summary type="html">&lt;p&gt;Sarfipour: /* Structure of the Book */&lt;/p&gt;
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&lt;div&gt;{{infobox book&lt;br /&gt;
| title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg&lt;br /&gt;
| caption = &amp;lt;!-- Add caption for the image --&amp;gt;&lt;br /&gt;
| other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī&lt;br /&gt;
| main title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| author = Mohammad Javad Asadi&lt;br /&gt;
| date of writing = 2021&lt;br /&gt;
| subject = Espionage, Counter-espionage, Islamic Jurisprudence&lt;br /&gt;
| style = Analytical, Jurisprudential&lt;br /&gt;
| language = Persian&lt;br /&gt;
| main language = Persian&lt;br /&gt;
| editor = &amp;lt;!-- Add editor name if available --&amp;gt;&lt;br /&gt;
| textual editing = &amp;lt;!-- Add textual editing details if relevant --&amp;gt;&lt;br /&gt;
| with the efforts of = &amp;lt;!-- Add contributors if relevant --&amp;gt;&lt;br /&gt;
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| illustrator = &amp;lt;!-- Add illustrator name if available --&amp;gt;&lt;br /&gt;
| cover designer = &amp;lt;!-- Add cover designer name if available --&amp;gt;&lt;br /&gt;
| volumes = 1&lt;br /&gt;
| pages = 400&lt;br /&gt;
| size = &amp;lt;!-- Specify dimensions if known --&amp;gt;&lt;br /&gt;
| translations = &amp;lt;!-- Add translation details if available --&amp;gt;&lt;br /&gt;
| publisher = Islamic Research Institute for Culture and Thought&lt;br /&gt;
| publication place = Tehran, Iran&lt;br /&gt;
| publication date = 2021 (1st Edition)&lt;br /&gt;
| printing = 1st Edition&lt;br /&gt;
| print run = &amp;lt;!-- Add print run details if available --&amp;gt;&lt;br /&gt;
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| english name = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| translator = &amp;lt;!-- Add translator name if available --&amp;gt;&lt;br /&gt;
| publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)&lt;br /&gt;
| electronic version= &amp;lt;!-- Add link to electronic version if available --&amp;gt;&lt;br /&gt;
| other volumes = &amp;lt;!-- Add details of other volumes if available --&amp;gt;&lt;br /&gt;
}}&lt;br /&gt;
{{Author&lt;br /&gt;
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* &#039;&#039;&#039;abstract&#039;&#039;&#039;&lt;br /&gt;
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.&lt;br /&gt;
== A Brief Look at the Book  ==&lt;br /&gt;
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).&lt;br /&gt;
=== About the Author ===&lt;br /&gt;
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:&lt;br /&gt;
&lt;br /&gt;
- Al-Dirasat al-Fiqhiyya fi Masa&#039;il Khilafiyya (Jurisprudential Studies on Controversial Issues)&lt;br /&gt;
&lt;br /&gt;
- Al-Zawaj al-Muwaqqat &#039;inda al-Sahaba wa al-Tabi&#039;in (Temporary Marriage Among the Companions and Followers)&lt;br /&gt;
&lt;br /&gt;
- Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid&#039;a (Excommunication Between Tradition and Innovation)&lt;br /&gt;
&lt;br /&gt;
- Tab’id dar Islam (Exile in Islam)&lt;br /&gt;
- Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)&lt;br /&gt;
&lt;br /&gt;
- Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)&lt;br /&gt;
== Structure of the Book ==&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
First Discourse: The Meaning of  Intelligence Gathering &lt;br /&gt;
In this Discourse, the linguistic and terminological meanings of  Intelligence Gathering are examined.&lt;br /&gt;
 &lt;br /&gt;
Second Discourse: Types of  Intelligence Gathering and Spies&lt;br /&gt;
Here, the author categorizes  Intelligence Gathering into five types and classifies spies into two categories.&lt;br /&gt;
&lt;br /&gt;
Third Discourse: The Ruling on  Intelligence Gathering&lt;br /&gt;
&lt;br /&gt;
This Discourse is presented in two chapters:&lt;br /&gt;
&lt;br /&gt;
1.  Intelligence Gathering benefiting disbelief (kufr) and in its interests.&lt;br /&gt;
&lt;br /&gt;
2.  Intelligence Gathering benefiting Islam and the Islamic government.&lt;br /&gt;
&lt;br /&gt;
The first chapter includes three discussions:&lt;br /&gt;
&lt;br /&gt;
a) The ruling on a Muslim spy according to the fatwas of Shia jurists.&lt;br /&gt;
&lt;br /&gt;
b) The perspectives of Sunni jurists.&lt;br /&gt;
&lt;br /&gt;
c) The jurisprudential evidence for the ruling.&lt;br /&gt;
 &lt;br /&gt;
Fourth Discourse: On Arif and Naqib&lt;br /&gt;
Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of  Intelligence Gathering?&lt;br /&gt;
 &lt;br /&gt;
Fifth Discourse: Committing Prohibited Acts During  Intelligence Gathering&lt;br /&gt;
Is it permissible to commit sinful acts in the process of  Intelligence Gathering?&lt;br /&gt;
== Meaning and Types of  Intelligence Gathering ==&lt;br /&gt;
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.&lt;br /&gt;
In the second Discourse,  Intelligence Gathering is classified based on its benefit or lack thereof:&lt;br /&gt;
&lt;br /&gt;
1. Investigating personal affairs without any rational motivation (i.e., meddling).&lt;br /&gt;
&lt;br /&gt;
2.  Intelligence Gathering driven by corrupt intentions.&lt;br /&gt;
&lt;br /&gt;
3.  Intelligence Gathering with a rational and legitimate purpose.&lt;br /&gt;
The third category is further divided into:&lt;br /&gt;
&lt;br /&gt;
a)  Intelligence Gathering for a necessary purpose, such as preserving the Islamic government.&lt;br /&gt;
&lt;br /&gt;
b)  Intelligence Gathering for a commendable purpose, such as identifying qualified individuals.&lt;br /&gt;
 &lt;br /&gt;
Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant): &lt;br /&gt;
&lt;br /&gt;
1. Spies working in favor of the enemies of Islam. &lt;br /&gt;
&lt;br /&gt;
2. Spies working in favor of the Islamic state. &lt;br /&gt;
==Intelligence Gathering Benefiting Disbelief (Kufr)==&lt;br /&gt;
===  The Ruling on a Muslim Spy ===&lt;br /&gt;
In this Discourse, the author discusses the ruling on a Muslim spy under three main headings. &lt;br /&gt;
&lt;br /&gt;
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).&lt;br /&gt;
 &lt;br /&gt;
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.&lt;br /&gt;
 &lt;br /&gt;
3. Jurisprudential Evidence: The author presents five pieces of evidence:&lt;br /&gt;
&lt;br /&gt;
- Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da&#039;a&#039;im al-Islam). &lt;br /&gt;
&lt;br /&gt;
- 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.&lt;br /&gt;
&lt;br /&gt;
- A Historical Account: The exile of Hakam ibn Abi al-&#039;As, reportedly for  Intelligence Gathering.&lt;br /&gt;
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&#039;zir (discretionary punishment).&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
As for the historical account of exile, the author believes that if it is proven that the reason for Hakam&#039;s exile was  Intelligence Gathering, exile could be classified as a form of ta&#039;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.&lt;br /&gt;
=== Ruling on a Non-Muslim Spy ===&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
==== The Dhimmi Spy and the Musta&#039;min Spy ====&lt;br /&gt;
In the context of non-Muslim spies, the author explores two jurisprudential branches:&lt;br /&gt;
a) Does  Intelligence Gathering violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: &lt;br /&gt;
&lt;br /&gt;
1.  Intelligence Gathering immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected.  &lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
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&#039;s Uyun al-Azhar, which states: &amp;quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
b) The Ruling on a Mu&#039;ahid or Musta&#039;min Spy&lt;br /&gt;
 &lt;br /&gt;
The ruling on a spy who is a treaty-holder (Mu&#039;ahid) or a person under temporary protection (Musta&#039;min), someone who enters Islamic lands under a protection agreement but not to reside there permanently: &lt;br /&gt;
&lt;br /&gt;
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&#039;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. &lt;br /&gt;
=== Torture of Spies and the Validity of Admission Under Torture ===&lt;br /&gt;
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.  &lt;br /&gt;
&lt;br /&gt;
Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &amp;quot;Views of Shia Jurists&amp;quot; and &amp;quot;Views of Sunni Jurists,&amp;quot; the opinions of some scholars from are presented.&lt;br /&gt;
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). &lt;br /&gt;
== Intelligence Gathering for the Benefit of Islam and the Islamic System ==&lt;br /&gt;
In this Discourse, the author examines three Qur&#039;anic verses and eight narrations (hadiths), offering his analyses of each:&lt;br /&gt;
In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each:&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
3. [[Surah Al-Anfal, verse 27]]: &lt;br /&gt;
&lt;br /&gt;
- The context of the verse is debated:&lt;br /&gt;
&lt;br /&gt;
1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.&lt;br /&gt;
&lt;br /&gt;
2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.&lt;br /&gt;
&lt;br /&gt;
3. The story of Abu Lubaba during the war with Banu Qurayza.&lt;br /&gt;
   &lt;br /&gt;
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.&lt;br /&gt;
== Supplementary Discussions ==&lt;br /&gt;
====Juridical or Subject-Specific Exception?====&lt;br /&gt;
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?&lt;br /&gt;
&lt;br /&gt;
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.&lt;br /&gt;
==== The Use of Spies in the Lives of the Infallibles ====&lt;br /&gt;
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. &lt;br /&gt;
=== Sunni Narrations on Military Affairs during the Prophet’s Time ===&lt;br /&gt;
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.&lt;br /&gt;
&lt;br /&gt;
Furthermore, the author believes that the narration from Ibn Sa&#039;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.&lt;br /&gt;
====The Role of Arif and Naqib====&lt;br /&gt;
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. &lt;br /&gt;
&lt;br /&gt;
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&#039;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. &lt;br /&gt;
====Committing Forbidden Acts during  Intelligence Gathering====&lt;br /&gt;
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.&lt;br /&gt;
==Notes on the Book==&lt;br /&gt;
{{column|3}}&lt;br /&gt;
# 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, &amp;quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: &#039;Do whatever you wish, for I have forgiven you&#039;&amp;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).&lt;br /&gt;
# 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.&lt;br /&gt;
# 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.&lt;br /&gt;
# 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 &amp;quot;suspicion&amp;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).&lt;br /&gt;
# 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.  &lt;br /&gt;
# None of the ten narrations in the section titled &amp;quot;Additional General Narrations on Torture&amp;quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.&lt;br /&gt;
# 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.&lt;br /&gt;
{{end}}&lt;br /&gt;
[[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]&lt;br /&gt;
[[category:Books by Najm al-Din Tabasi]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
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	<entry>
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		<title>The Jurisprudential Foundations of Espionage and Counter-Espionage (Book)</title>
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		<updated>2026-05-13T12:05:08Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: &lt;/p&gt;
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&lt;div&gt;{{infobox book&lt;br /&gt;
| title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg&lt;br /&gt;
| caption = &amp;lt;!-- Add caption for the image --&amp;gt;&lt;br /&gt;
| other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī&lt;br /&gt;
| main title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| author = Mohammad Javad Asadi&lt;br /&gt;
| date of writing = 2021&lt;br /&gt;
| subject = Espionage, Counter-espionage, Islamic Jurisprudence&lt;br /&gt;
| style = Analytical, Jurisprudential&lt;br /&gt;
| language = Persian&lt;br /&gt;
| main language = Persian&lt;br /&gt;
| editor = &amp;lt;!-- Add editor name if available --&amp;gt;&lt;br /&gt;
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| pages = 400&lt;br /&gt;
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| translations = &amp;lt;!-- Add translation details if available --&amp;gt;&lt;br /&gt;
| publisher = Islamic Research Institute for Culture and Thought&lt;br /&gt;
| publication place = Tehran, Iran&lt;br /&gt;
| publication date = 2021 (1st Edition)&lt;br /&gt;
| printing = 1st Edition&lt;br /&gt;
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| english name = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
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| publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)&lt;br /&gt;
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* &#039;&#039;&#039;abstract&#039;&#039;&#039;&lt;br /&gt;
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.&lt;br /&gt;
== A Brief Look at the Book  ==&lt;br /&gt;
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).&lt;br /&gt;
=== About the Author ===&lt;br /&gt;
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:&lt;br /&gt;
&lt;br /&gt;
- Al-Dirasat al-Fiqhiyya fi Masa&#039;il Khilafiyya (Jurisprudential Studies on Controversial Issues)&lt;br /&gt;
&lt;br /&gt;
- Al-Zawaj al-Muwaqqat &#039;inda al-Sahaba wa al-Tabi&#039;in (Temporary Marriage Among the Companions and Followers)&lt;br /&gt;
&lt;br /&gt;
- Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid&#039;a (Excommunication Between Tradition and Innovation)&lt;br /&gt;
&lt;br /&gt;
- Tab’id dar Islam (Exile in Islam)&lt;br /&gt;
- Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)&lt;br /&gt;
&lt;br /&gt;
- Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)&lt;br /&gt;
== Structure of the Book ==&lt;br /&gt;
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.&lt;br /&gt;
First Section: The Meaning of  Intelligence Gathering &lt;br /&gt;
In this section, the linguistic and terminological meanings of  Intelligence Gathering are examined.&lt;br /&gt;
 &lt;br /&gt;
Second Section: Types of  Intelligence Gathering and Spies&lt;br /&gt;
Here, the author categorizes  Intelligence Gathering into five types and classifies spies into two categories.&lt;br /&gt;
&lt;br /&gt;
Third Section: The Ruling on  Intelligence Gathering&lt;br /&gt;
This section is presented in two chapters:&lt;br /&gt;
1.  Intelligence Gathering benefiting disbelief (kufr) and in its interests.&lt;br /&gt;
2.  Intelligence Gathering benefiting Islam and the Islamic government.&lt;br /&gt;
The first chapter includes three discussions:&lt;br /&gt;
&lt;br /&gt;
a) The ruling on a Muslim spy according to the fatwas of Shia jurists.&lt;br /&gt;
&lt;br /&gt;
b) The perspectives of Sunni jurists.&lt;br /&gt;
&lt;br /&gt;
c) The jurisprudential evidence for the ruling.&lt;br /&gt;
 &lt;br /&gt;
Fourth Section: On Arif and Naqib&lt;br /&gt;
Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of  Intelligence Gathering?&lt;br /&gt;
 &lt;br /&gt;
Fifth Section: Committing Prohibited Acts During  Intelligence Gathering&lt;br /&gt;
Is it permissible to commit sinful acts in the process of  Intelligence Gathering?&lt;br /&gt;
== Meaning and Types of  Intelligence Gathering ==&lt;br /&gt;
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.&lt;br /&gt;
In the second section,  Intelligence Gathering is classified based on its benefit or lack thereof:&lt;br /&gt;
1. Investigating personal affairs without any rational motivation (i.e., meddling).&lt;br /&gt;
2.  Intelligence Gathering driven by corrupt intentions.&lt;br /&gt;
3.  Intelligence Gathering with a rational and legitimate purpose.&lt;br /&gt;
The third category is further divided into:&lt;br /&gt;
&lt;br /&gt;
a)  Intelligence Gathering for a necessary purpose, such as preserving the Islamic government.&lt;br /&gt;
&lt;br /&gt;
b)  Intelligence Gathering for a commendable purpose, such as identifying qualified individuals.&lt;br /&gt;
 &lt;br /&gt;
Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant):&lt;br /&gt;
1. Spies working in favor of the enemies of Islam.&lt;br /&gt;
2. Spies working in favor of the Islamic state. &lt;br /&gt;
==Intelligence Gathering Benefiting Disbelief (Kufr)==&lt;br /&gt;
===  The Ruling on a Muslim Spy ===&lt;br /&gt;
In this section, the author discusses the ruling on a Muslim spy under three main headings. &lt;br /&gt;
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).&lt;br /&gt;
 &lt;br /&gt;
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.&lt;br /&gt;
 &lt;br /&gt;
3. Jurisprudential Evidence: The author presents five pieces of evidence:&lt;br /&gt;
&lt;br /&gt;
- Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da&#039;a&#039;im al-Islam). &lt;br /&gt;
&lt;br /&gt;
- 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.&lt;br /&gt;
&lt;br /&gt;
- A Historical Account: The exile of Hakam ibn Abi al-&#039;As, reportedly for  Intelligence Gathering.&lt;br /&gt;
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&#039;zir (discretionary punishment).&lt;br /&gt;
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.&lt;br /&gt;
As for the historical account of exile, the author believes that if it is proven that the reason for Hakam&#039;s exile was  Intelligence Gathering, exile could be classified as a form of ta&#039;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.&lt;br /&gt;
=== Ruling on a Non-Muslim Spy ===&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
==== The Dhimmi Spy and the Musta&#039;min Spy ====&lt;br /&gt;
In the context of non-Muslim spies, the author explores two jurisprudential branches:&lt;br /&gt;
a) Does  Intelligence Gathering violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: &lt;br /&gt;
1.  Intelligence Gathering immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected.  &lt;br /&gt;
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.&lt;br /&gt;
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&#039;s Uyun al-Azhar, which states: &amp;quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
b) The Ruling on a Mu&#039;ahid or Musta&#039;min Spy&lt;br /&gt;
 &lt;br /&gt;
The ruling on a spy who is a treaty-holder (Mu&#039;ahid) or a person under temporary protection (Musta&#039;min), someone who enters Islamic lands under a protection agreement but not to reside there permanently:&lt;br /&gt;
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&#039;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. &lt;br /&gt;
=== Torture of Spies and the Validity of Admission Under Torture ===&lt;br /&gt;
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. &lt;br /&gt;
Under the section titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &amp;quot;Views of Shia Jurists&amp;quot; and &amp;quot;Views of Sunni Jurists,&amp;quot; the opinions of some scholars from are presented.&lt;br /&gt;
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). &lt;br /&gt;
== Intelligence Gathering for the Benefit of Islam and the Islamic System ==&lt;br /&gt;
In this section, the author examines three Qur&#039;anic verses and eight narrations (hadiths), offering his analyses of each:&lt;br /&gt;
In this section, the author presents three Quranic verses and eight narrations, offering his analysis of each:&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
3. [[Surah Al-Anfal, verse 27]]: &lt;br /&gt;
&lt;br /&gt;
- The context of the verse is debated:&lt;br /&gt;
&lt;br /&gt;
1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.&lt;br /&gt;
&lt;br /&gt;
2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.&lt;br /&gt;
&lt;br /&gt;
3. The story of Abu Lubaba during the war with Banu Qurayza.&lt;br /&gt;
   &lt;br /&gt;
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.&lt;br /&gt;
== Supplementary Discussions ==&lt;br /&gt;
====Juridical or Subject-Specific Exception?====&lt;br /&gt;
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?&lt;br /&gt;
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.&lt;br /&gt;
==== The Use of Spies in the Lives of the Infallibles ====&lt;br /&gt;
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. &lt;br /&gt;
=== Sunni Narrations on Military Affairs during the Prophet’s Time ===&lt;br /&gt;
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.&lt;br /&gt;
Furthermore, the author believes that the narration from Ibn Sa&#039;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.&lt;br /&gt;
====The Role of Arif and Naqib====&lt;br /&gt;
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.&lt;br /&gt;
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&#039;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. &lt;br /&gt;
====Committing Forbidden Acts during  Intelligence Gathering====&lt;br /&gt;
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.&lt;br /&gt;
==Notes on the Book==&lt;br /&gt;
{{column|3}}&lt;br /&gt;
# 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, &amp;quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: &#039;Do whatever you wish, for I have forgiven you&#039;&amp;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).&lt;br /&gt;
# 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.&lt;br /&gt;
# 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.&lt;br /&gt;
# 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 &amp;quot;suspicion&amp;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).&lt;br /&gt;
# 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.  &lt;br /&gt;
# None of the ten narrations in the section titled &amp;quot;Additional General Narrations on Torture&amp;quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.&lt;br /&gt;
# 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.&lt;br /&gt;
{{end}}&lt;br /&gt;
[[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]&lt;br /&gt;
[[category:Books by Najm al-Din Tabasi]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&amp;diff=2762</id>
		<title>The Jurisprudential Foundations of Espionage and Counter-Espionage (Book)</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&amp;diff=2762"/>
		<updated>2026-05-13T11:40:53Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;{{infobox book&lt;br /&gt;
| title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg&lt;br /&gt;
| caption = &amp;lt;!-- Add caption for the image --&amp;gt;&lt;br /&gt;
| other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī&lt;br /&gt;
| main title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| author = Mohammad Javad Asadi&lt;br /&gt;
| date of writing = 2021&lt;br /&gt;
| subject = Espionage, Counter-espionage, Islamic Jurisprudence&lt;br /&gt;
| style = Analytical, Jurisprudential&lt;br /&gt;
| language = Persian&lt;br /&gt;
| main language = Persian&lt;br /&gt;
| editor = &amp;lt;!-- Add editor name if available --&amp;gt;&lt;br /&gt;
| textual editing = &amp;lt;!-- Add textual editing details if relevant --&amp;gt;&lt;br /&gt;
| with the efforts of = &amp;lt;!-- Add contributors if relevant --&amp;gt;&lt;br /&gt;
| collection = &amp;lt;!-- Add collection name if available --&amp;gt;&lt;br /&gt;
| illustrator = &amp;lt;!-- Add illustrator name if available --&amp;gt;&lt;br /&gt;
| cover designer = &amp;lt;!-- Add cover designer name if available --&amp;gt;&lt;br /&gt;
| volumes = 1&lt;br /&gt;
| pages = 400&lt;br /&gt;
| size = &amp;lt;!-- Specify dimensions if known --&amp;gt;&lt;br /&gt;
| translations = &amp;lt;!-- Add translation details if available --&amp;gt;&lt;br /&gt;
| publisher = Islamic Research Institute for Culture and Thought&lt;br /&gt;
| publication place = Tehran, Iran&lt;br /&gt;
| publication date = 2021 (1st Edition)&lt;br /&gt;
| printing = 1st Edition&lt;br /&gt;
| print run = &amp;lt;!-- Add print run details if available --&amp;gt;&lt;br /&gt;
| isbn = &amp;lt;!-- Add ISBN number if available --&amp;gt;&lt;br /&gt;
| media type = Print&lt;br /&gt;
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| english name = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| translator = &amp;lt;!-- Add translator name if available --&amp;gt;&lt;br /&gt;
| publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)&lt;br /&gt;
| electronic version= &amp;lt;!-- Add link to electronic version if available --&amp;gt;&lt;br /&gt;
| other volumes = &amp;lt;!-- Add details of other volumes if available --&amp;gt;&lt;br /&gt;
}}&lt;br /&gt;
{{Author&lt;br /&gt;
|author = Mostafa haghanifazl&lt;br /&gt;
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* &#039;&#039;&#039;abstract&#039;&#039;&#039;&lt;br /&gt;
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.&lt;br /&gt;
== A Brief Look at the Book  ==&lt;br /&gt;
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).&lt;br /&gt;
=== About the Author ===&lt;br /&gt;
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:&lt;br /&gt;
&lt;br /&gt;
- Al-Dirasat al-Fiqhiyya fi Masa&#039;il Khilafiyya (Jurisprudential Studies on Controversial Issues)&lt;br /&gt;
&lt;br /&gt;
- Al-Zawaj al-Muwaqqat &#039;inda al-Sahaba wa al-Tabi&#039;in (Temporary Marriage Among the Companions and Followers)&lt;br /&gt;
&lt;br /&gt;
- Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid&#039;a (Excommunication Between Tradition and Innovation)&lt;br /&gt;
&lt;br /&gt;
- Tab’id dar Islam (Exile in Islam)&lt;br /&gt;
- Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)&lt;br /&gt;
&lt;br /&gt;
- Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)&lt;br /&gt;
== Structure of the Book ==&lt;br /&gt;
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.&lt;br /&gt;
First Section: The Meaning of  Intelligence Gathering &lt;br /&gt;
In this section, the linguistic and terminological meanings of  Intelligence Gathering are examined.&lt;br /&gt;
 &lt;br /&gt;
Second Section: Types of  Intelligence Gathering and Spies&lt;br /&gt;
Here, the author categorizes  Intelligence Gathering into five types and classifies spies into two categories.&lt;br /&gt;
&lt;br /&gt;
Third Section: The Ruling on  Intelligence Gathering&lt;br /&gt;
This section is presented in two chapters:&lt;br /&gt;
1.  Intelligence Gathering benefiting disbelief (kufr) and in its interests.&lt;br /&gt;
2.  Intelligence Gathering benefiting Islam and the Islamic government.&lt;br /&gt;
The first chapter includes three discussions:&lt;br /&gt;
&lt;br /&gt;
a) The ruling on a Muslim spy according to the fatwas of Shia jurists.&lt;br /&gt;
&lt;br /&gt;
b) The perspectives of Sunni jurists.&lt;br /&gt;
&lt;br /&gt;
c) The jurisprudential evidence for the ruling.&lt;br /&gt;
 &lt;br /&gt;
Fourth Section: On Arif and Naqib&lt;br /&gt;
Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of  Intelligence Gathering?&lt;br /&gt;
 &lt;br /&gt;
Fifth Section: Committing Prohibited Acts During  Intelligence Gathering&lt;br /&gt;
Is it permissible to commit sinful acts in the process of  Intelligence Gathering?&lt;br /&gt;
== Meaning and Types of  Intelligence Gathering ==&lt;br /&gt;
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.&lt;br /&gt;
In the second section,  Intelligence Gathering is classified based on its benefit or lack thereof:&lt;br /&gt;
1. Investigating personal affairs without any rational motivation (i.e., meddling).&lt;br /&gt;
2.  Intelligence Gathering driven by corrupt intentions.&lt;br /&gt;
3.  Intelligence Gathering with a rational and legitimate purpose.&lt;br /&gt;
The third category is further divided into:&lt;br /&gt;
&lt;br /&gt;
a)  Intelligence Gathering for a necessary purpose, such as preserving the Islamic government.&lt;br /&gt;
&lt;br /&gt;
b)  Intelligence Gathering for a commendable purpose, such as identifying qualified individuals.&lt;br /&gt;
 &lt;br /&gt;
Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant):&lt;br /&gt;
1. Spies working in favor of the enemies of Islam.&lt;br /&gt;
2. Spies working in favor of the Islamic state. &lt;br /&gt;
==Intelligence Gathering Benefiting Disbelief (Kufr)==&lt;br /&gt;
===  The Ruling on a Muslim Spy ===&lt;br /&gt;
In this section, the author discusses the ruling on a Muslim spy under three main headings. &lt;br /&gt;
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).&lt;br /&gt;
 &lt;br /&gt;
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.&lt;br /&gt;
 &lt;br /&gt;
3. Jurisprudential Evidence: The author presents five pieces of evidence:&lt;br /&gt;
&lt;br /&gt;
- Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da&#039;a&#039;im al-Islam). &lt;br /&gt;
&lt;br /&gt;
- 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.&lt;br /&gt;
&lt;br /&gt;
- A Historical Account: The exile of Hakam ibn Abi al-&#039;As, reportedly for  Intelligence Gathering.&lt;br /&gt;
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&#039;zir (discretionary punishment).&lt;br /&gt;
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.&lt;br /&gt;
As for the historical account of exile, the author believes that if it is proven that the reason for Hakam&#039;s exile was  Intelligence Gathering, exile could be classified as a form of ta&#039;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.&lt;br /&gt;
=== Ruling on a Non-Muslim Spy ===&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
==== The Dhimmi Spy and the Musta&#039;min Spy ====&lt;br /&gt;
In the context of non-Muslim spies, the author explores two jurisprudential branches:&lt;br /&gt;
a) Does  Intelligence Gathering violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: &lt;br /&gt;
1.  Intelligence Gathering immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected.  &lt;br /&gt;
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.&lt;br /&gt;
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&#039;s Uyun al-Azhar, which states: &amp;quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
b) The Ruling on a Mu&#039;ahid or Musta&#039;min Spy&lt;br /&gt;
 &lt;br /&gt;
The ruling on a spy who is a treaty-holder (Mu&#039;ahid) or a person under temporary protection (Musta&#039;min), someone who enters Islamic lands under a protection agreement but not to reside there permanently:&lt;br /&gt;
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&#039;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. &lt;br /&gt;
=== Torture of Spies and the Validity of Admission Under Torture ===&lt;br /&gt;
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. &lt;br /&gt;
Under the section titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &amp;quot;Views of Shia Jurists&amp;quot; and &amp;quot;Views of Sunni Jurists,&amp;quot; the opinions of some scholars from are presented.&lt;br /&gt;
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). &lt;br /&gt;
== Intelligence Gathering for the Benefit of Islam and the Islamic System ==&lt;br /&gt;
In this section, the author examines three Qur&#039;anic verses and eight narrations (hadiths), offering his analyses of each:&lt;br /&gt;
In this section, the author presents three Quranic verses and eight narrations, offering his analysis of each:&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
3. [[Surah Al-Anfal, verse 27]]: &lt;br /&gt;
&lt;br /&gt;
- The context of the verse is debated:&lt;br /&gt;
&lt;br /&gt;
1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.&lt;br /&gt;
&lt;br /&gt;
2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.&lt;br /&gt;
&lt;br /&gt;
3. The story of Abu Lubaba during the war with Banu Qurayza.&lt;br /&gt;
   &lt;br /&gt;
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.&lt;br /&gt;
== Supplementary Discussions ==&lt;br /&gt;
====Juridical or Subject-Specific Exception?====&lt;br /&gt;
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?&lt;br /&gt;
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.&lt;br /&gt;
==== The Use of Spies in the Lives of the Infallibles ====&lt;br /&gt;
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. &lt;br /&gt;
=== Sunni Narrations on Military Affairs during the Prophet’s Time ===&lt;br /&gt;
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.&lt;br /&gt;
Furthermore, the author believes that the narration from Ibn Sa&#039;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.&lt;br /&gt;
====The Role of Arif and Naqib====&lt;br /&gt;
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.&lt;br /&gt;
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&#039;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. &lt;br /&gt;
====Committing Forbidden Acts during  Intelligence Gathering====&lt;br /&gt;
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.&lt;br /&gt;
==Notes on the Book==&lt;br /&gt;
{{column|3}}&lt;br /&gt;
# 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, &amp;quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: &#039;Do whatever you wish, for I have forgiven you&#039;&amp;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).&lt;br /&gt;
# 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.&lt;br /&gt;
# 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.&lt;br /&gt;
# 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 &amp;quot;suspicion&amp;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).&lt;br /&gt;
# 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.  &lt;br /&gt;
# None of the ten narrations in the section titled &amp;quot;Additional General Narrations on Torture&amp;quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.&lt;br /&gt;
# 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.&lt;br /&gt;
{{end}}&lt;br /&gt;
[[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]&lt;br /&gt;
[[category:Books by Najm al-Din Tabasi]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&amp;diff=2761</id>
		<title>The Jurisprudential Foundations of Espionage and Counter-Espionage (Book)</title>
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		<updated>2026-05-12T16:38:52Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* A Brief Look at the Book */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;{{infobox book&lt;br /&gt;
| title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg&lt;br /&gt;
| caption = &amp;lt;!-- Add caption for the image --&amp;gt;&lt;br /&gt;
| other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī&lt;br /&gt;
| main title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| author = Mohammad Javad Asadi&lt;br /&gt;
| date of writing = 2021&lt;br /&gt;
| subject = Espionage, Counter-espionage, Islamic Jurisprudence&lt;br /&gt;
| style = Analytical, Jurisprudential&lt;br /&gt;
| language = Persian&lt;br /&gt;
| main language = Persian&lt;br /&gt;
| editor = &amp;lt;!-- Add editor name if available --&amp;gt;&lt;br /&gt;
| textual editing = &amp;lt;!-- Add textual editing details if relevant --&amp;gt;&lt;br /&gt;
| with the efforts of = &amp;lt;!-- Add contributors if relevant --&amp;gt;&lt;br /&gt;
| collection = &amp;lt;!-- Add collection name if available --&amp;gt;&lt;br /&gt;
| illustrator = &amp;lt;!-- Add illustrator name if available --&amp;gt;&lt;br /&gt;
| cover designer = &amp;lt;!-- Add cover designer name if available --&amp;gt;&lt;br /&gt;
| volumes = 1&lt;br /&gt;
| pages = 400&lt;br /&gt;
| size = &amp;lt;!-- Specify dimensions if known --&amp;gt;&lt;br /&gt;
| translations = &amp;lt;!-- Add translation details if available --&amp;gt;&lt;br /&gt;
| publisher = Islamic Research Institute for Culture and Thought&lt;br /&gt;
| publication place = Tehran, Iran&lt;br /&gt;
| publication date = 2021 (1st Edition)&lt;br /&gt;
| printing = 1st Edition&lt;br /&gt;
| print run = &amp;lt;!-- Add print run details if available --&amp;gt;&lt;br /&gt;
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| media type = Print&lt;br /&gt;
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| english name = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| translator = &amp;lt;!-- Add translator name if available --&amp;gt;&lt;br /&gt;
| publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)&lt;br /&gt;
| electronic version= &amp;lt;!-- Add link to electronic version if available --&amp;gt;&lt;br /&gt;
| other volumes = &amp;lt;!-- Add details of other volumes if available --&amp;gt;&lt;br /&gt;
}}&lt;br /&gt;
{{Author&lt;br /&gt;
|author = Mostafa haghanifazl&lt;br /&gt;
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* &#039;&#039;&#039;abstract&#039;&#039;&#039;&lt;br /&gt;
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.&lt;br /&gt;
== A Brief Look at the Book  ==&lt;br /&gt;
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).&lt;br /&gt;
=== About the Author ===&lt;br /&gt;
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:&lt;br /&gt;
&lt;br /&gt;
- Al-Dirasat al-Fiqhiyya fi Masa&#039;il Khilafiyya (Jurisprudential Studies on Controversial Issues)&lt;br /&gt;
&lt;br /&gt;
- Al-Zawaj al-Muwaqqat &#039;inda al-Sahaba wa al-Tabi&#039;in (Temporary Marriage Among the Companions and Followers)&lt;br /&gt;
&lt;br /&gt;
- Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid&#039;a (Excommunication Between Tradition and Innovation)&lt;br /&gt;
&lt;br /&gt;
- Tab’id dar Islam (Exile in Islam)&lt;br /&gt;
- Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)&lt;br /&gt;
&lt;br /&gt;
- Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)&lt;br /&gt;
== Structure of the Book ==&lt;br /&gt;
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.&lt;br /&gt;
First Section: The Meaning of  Intelligence Gathering &lt;br /&gt;
In this section, the linguistic and terminological meanings of  Intelligence Gathering are examined.&lt;br /&gt;
 &lt;br /&gt;
Second Section: Types of  Intelligence Gathering and Spies&lt;br /&gt;
Here, the author categorizes  Intelligence Gathering into five types and classifies spies into two categories.&lt;br /&gt;
&lt;br /&gt;
Third Section: The Ruling on  Intelligence Gathering&lt;br /&gt;
This section is presented in two chapters:&lt;br /&gt;
1.  Intelligence Gathering benefiting disbelief (kufr) and in its interests.&lt;br /&gt;
2.  Intelligence Gathering benefiting Islam and the Islamic government.&lt;br /&gt;
The first chapter includes three discussions:&lt;br /&gt;
&lt;br /&gt;
a) The ruling on a Muslim spy according to the fatwas of Shia jurists.&lt;br /&gt;
&lt;br /&gt;
b) The perspectives of Sunni jurists.&lt;br /&gt;
&lt;br /&gt;
c) The jurisprudential evidence for the ruling.&lt;br /&gt;
 &lt;br /&gt;
Fourth Section: On Arif and Naqib&lt;br /&gt;
Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of  Intelligence Gathering?&lt;br /&gt;
 &lt;br /&gt;
Fifth Section: Committing Prohibited Acts During  Intelligence Gathering&lt;br /&gt;
Is it permissible to commit sinful acts in the process of  Intelligence Gathering?&lt;br /&gt;
== Meaning and Types of  Intelligence Gathering ==&lt;br /&gt;
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.&lt;br /&gt;
In the second section,  Intelligence Gathering is classified based on its benefit or lack thereof:&lt;br /&gt;
1. Investigating personal affairs without any rational motivation (i.e., meddling).&lt;br /&gt;
2.  Intelligence Gathering driven by corrupt intentions.&lt;br /&gt;
3.  Intelligence Gathering with a rational and legitimate purpose.&lt;br /&gt;
The third category is further divided into:&lt;br /&gt;
&lt;br /&gt;
a)  Intelligence Gathering for a necessary purpose, such as preserving the Islamic government.&lt;br /&gt;
&lt;br /&gt;
b)  Intelligence Gathering for a commendable purpose, such as identifying qualified individuals.&lt;br /&gt;
 &lt;br /&gt;
Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant):&lt;br /&gt;
1. Spies working in favor of the enemies of Islam.&lt;br /&gt;
2. Spies working in favor of the Islamic state. &lt;br /&gt;
==Intelligence Gathering Benefiting Disbelief (Kufr)==&lt;br /&gt;
===  The Ruling on a Muslim Spy ===&lt;br /&gt;
In this section, the author discusses the ruling on a Muslim spy under three main headings. &lt;br /&gt;
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).&lt;br /&gt;
 &lt;br /&gt;
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.&lt;br /&gt;
 &lt;br /&gt;
3. Jurisprudential Evidence: The author presents five pieces of evidence:&lt;br /&gt;
&lt;br /&gt;
- Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da&#039;a&#039;im al-Islam). &lt;br /&gt;
&lt;br /&gt;
- 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.&lt;br /&gt;
&lt;br /&gt;
- A Historical Account: The exile of Hakam ibn Abi al-&#039;As, reportedly for  Intelligence Gathering.&lt;br /&gt;
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&#039;zir (discretionary punishment).&lt;br /&gt;
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.&lt;br /&gt;
As for the historical account of exile, the author believes that if it is proven that the reason for Hakam&#039;s exile was  Intelligence Gathering, exile could be classified as a form of ta&#039;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.&lt;br /&gt;
=== Ruling on a Non-Muslim Spy ===&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
==== The Dhimmi Spy and the Musta&#039;min Spy ====&lt;br /&gt;
In the context of non-Muslim spies, the author explores two jurisprudential branches:&lt;br /&gt;
a) Does  Intelligence Gathering violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: &lt;br /&gt;
1.  Intelligence Gathering immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected.  &lt;br /&gt;
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.&lt;br /&gt;
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&#039;s Uyun al-Azhar, which states: &amp;quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
b) The Ruling on a Mu&#039;ahid or Musta&#039;min Spy&lt;br /&gt;
 &lt;br /&gt;
The ruling on a spy who is a treaty-holder (Mu&#039;ahid) or a person under temporary protection (Musta&#039;min), someone who enters Islamic lands under a protection agreement but not to reside there permanently:&lt;br /&gt;
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&#039;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. &lt;br /&gt;
=== Torture of Spies and the Validity of Admission Under Torture ===&lt;br /&gt;
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. &lt;br /&gt;
Under the section titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &amp;quot;Views of Shia Jurists&amp;quot; and &amp;quot;Views of Sunni Jurists,&amp;quot; the opinions of some scholars from are presented.&lt;br /&gt;
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). &lt;br /&gt;
== Intelligence Gathering for the Benefit of Islam and the Islamic System ==&lt;br /&gt;
In this section, the author examines three Qur&#039;anic verses and eight narrations (hadiths), offering his analyses of each:&lt;br /&gt;
In this section, the author presents three Quranic verses and eight narrations, offering his analysis of each:&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
3. [[Surah Al-Anfal, verse 27]]: &lt;br /&gt;
&lt;br /&gt;
- The context of the verse is debated:&lt;br /&gt;
&lt;br /&gt;
1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.&lt;br /&gt;
&lt;br /&gt;
2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.&lt;br /&gt;
&lt;br /&gt;
3. The story of Abu Lubaba during the war with Banu Qurayza.&lt;br /&gt;
   &lt;br /&gt;
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.&lt;br /&gt;
== Supplementary Discussions ==&lt;br /&gt;
====Juridical or Subject-Specific Exception?====&lt;br /&gt;
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?&lt;br /&gt;
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.&lt;br /&gt;
==== The Use of Spies in the Lives of the Infallibles ====&lt;br /&gt;
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. &lt;br /&gt;
=== Sunni Narrations on Military Affairs during the Prophet’s Time ===&lt;br /&gt;
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.&lt;br /&gt;
Furthermore, the author believes that the narration from Ibn Sa&#039;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.&lt;br /&gt;
====The Role of Arif and Naqib====&lt;br /&gt;
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.&lt;br /&gt;
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&#039;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. &lt;br /&gt;
====Committing Forbidden Acts during  Intelligence Gathering====&lt;br /&gt;
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.&lt;br /&gt;
==Notes on the Book==&lt;br /&gt;
{{column|3}}&lt;br /&gt;
# 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, &amp;quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: &#039;Do whatever you wish, for I have forgiven you&#039;&amp;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).&lt;br /&gt;
# 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.&lt;br /&gt;
# 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.&lt;br /&gt;
# 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 &amp;quot;suspicion&amp;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).&lt;br /&gt;
# 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.  &lt;br /&gt;
# None of the ten narrations in the section titled &amp;quot;Additional General Narrations on Torture&amp;quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.&lt;br /&gt;
# 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.&lt;br /&gt;
{{end}}&lt;br /&gt;
[[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]&lt;br /&gt;
[[category:Books by Najm al-Din Tabasi]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&amp;diff=2760</id>
		<title>The Jurisprudential Foundations of Espionage and Counter-Espionage (Book)</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=The_Jurisprudential_Foundations_of_Espionage_and_Counter-Espionage_(Book)&amp;diff=2760"/>
		<updated>2026-05-12T16:17:15Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* Structure of the Book */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;{{infobox book&lt;br /&gt;
| title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg&lt;br /&gt;
| caption = &amp;lt;!-- Add caption for the image --&amp;gt;&lt;br /&gt;
| other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī&lt;br /&gt;
| main title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| author = Mohammad Javad Asadi&lt;br /&gt;
| date of writing = 2021&lt;br /&gt;
| subject = Espionage, Counter-espionage, Islamic Jurisprudence&lt;br /&gt;
| style = Analytical, Jurisprudential&lt;br /&gt;
| language = Persian&lt;br /&gt;
| main language = Persian&lt;br /&gt;
| editor = &amp;lt;!-- Add editor name if available --&amp;gt;&lt;br /&gt;
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| volumes = 1&lt;br /&gt;
| pages = 400&lt;br /&gt;
| size = &amp;lt;!-- Specify dimensions if known --&amp;gt;&lt;br /&gt;
| translations = &amp;lt;!-- Add translation details if available --&amp;gt;&lt;br /&gt;
| publisher = Islamic Research Institute for Culture and Thought&lt;br /&gt;
| publication place = Tehran, Iran&lt;br /&gt;
| publication date = 2021 (1st Edition)&lt;br /&gt;
| printing = 1st Edition&lt;br /&gt;
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| media type = Print&lt;br /&gt;
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| english name = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| translator = &amp;lt;!-- Add translator name if available --&amp;gt;&lt;br /&gt;
| publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)&lt;br /&gt;
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| other volumes = &amp;lt;!-- Add details of other volumes if available --&amp;gt;&lt;br /&gt;
}}&lt;br /&gt;
{{Author&lt;br /&gt;
|author = Mostafa haghanifazl&lt;br /&gt;
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* &#039;&#039;&#039;abstract&#039;&#039;&#039;&lt;br /&gt;
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.&lt;br /&gt;
== A Brief Look at the Book  ==&lt;br /&gt;
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).&lt;br /&gt;
=== About the Author ===&lt;br /&gt;
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:&lt;br /&gt;
&lt;br /&gt;
- Al-Dirasat al-Fiqhiyya fi Masa&#039;il Khilafiyya (Jurisprudential Studies on Controversial Issues)&lt;br /&gt;
&lt;br /&gt;
- Al-Zawaj al-Muwaqqat &#039;inda al-Sahaba wa al-Tabi&#039;in (Temporary Marriage Among the Companions and Followers)&lt;br /&gt;
&lt;br /&gt;
- Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid&#039;a (Excommunication Between Tradition and Innovation)&lt;br /&gt;
&lt;br /&gt;
- Tab’id dar Islam (Exile in Islam)&lt;br /&gt;
- Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)&lt;br /&gt;
&lt;br /&gt;
- Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)&lt;br /&gt;
== Structure of the Book ==&lt;br /&gt;
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.&lt;br /&gt;
First Section: The Meaning of  Intelligence Gathering &lt;br /&gt;
In this section, the linguistic and terminological meanings of  Intelligence Gathering are examined.&lt;br /&gt;
 &lt;br /&gt;
Second Section: Types of  Intelligence Gathering and Spies&lt;br /&gt;
Here, the author categorizes  Intelligence Gathering into five types and classifies spies into two categories.&lt;br /&gt;
&lt;br /&gt;
Third Section: The Ruling on  Intelligence Gathering&lt;br /&gt;
This section is presented in two chapters:&lt;br /&gt;
1.  Intelligence Gathering benefiting disbelief (kufr) and in its interests.&lt;br /&gt;
2.  Intelligence Gathering benefiting Islam and the Islamic government.&lt;br /&gt;
The first chapter includes three discussions:&lt;br /&gt;
&lt;br /&gt;
a) The ruling on a Muslim spy according to the fatwas of Shia jurists.&lt;br /&gt;
&lt;br /&gt;
b) The perspectives of Sunni jurists.&lt;br /&gt;
&lt;br /&gt;
c) The jurisprudential evidence for the ruling.&lt;br /&gt;
 &lt;br /&gt;
Fourth Section: On Arif and Naqib&lt;br /&gt;
Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of  Intelligence Gathering?&lt;br /&gt;
 &lt;br /&gt;
Fifth Section: Committing Prohibited Acts During  Intelligence Gathering&lt;br /&gt;
Is it permissible to commit sinful acts in the process of  Intelligence Gathering?&lt;br /&gt;
== Meaning and Types of  Intelligence Gathering ==&lt;br /&gt;
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.&lt;br /&gt;
In the second section,  Intelligence Gathering is classified based on its benefit or lack thereof:&lt;br /&gt;
1. Investigating personal affairs without any rational motivation (i.e., meddling).&lt;br /&gt;
2.  Intelligence Gathering driven by corrupt intentions.&lt;br /&gt;
3.  Intelligence Gathering with a rational and legitimate purpose.&lt;br /&gt;
The third category is further divided into:&lt;br /&gt;
&lt;br /&gt;
a)  Intelligence Gathering for a necessary purpose, such as preserving the Islamic government.&lt;br /&gt;
&lt;br /&gt;
b)  Intelligence Gathering for a commendable purpose, such as identifying qualified individuals.&lt;br /&gt;
 &lt;br /&gt;
Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant):&lt;br /&gt;
1. Spies working in favor of the enemies of Islam.&lt;br /&gt;
2. Spies working in favor of the Islamic state. &lt;br /&gt;
==Intelligence Gathering Benefiting Disbelief (Kufr)==&lt;br /&gt;
===  The Ruling on a Muslim Spy ===&lt;br /&gt;
In this section, the author discusses the ruling on a Muslim spy under three main headings. &lt;br /&gt;
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).&lt;br /&gt;
 &lt;br /&gt;
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.&lt;br /&gt;
 &lt;br /&gt;
3. Jurisprudential Evidence: The author presents five pieces of evidence:&lt;br /&gt;
&lt;br /&gt;
- Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da&#039;a&#039;im al-Islam). &lt;br /&gt;
&lt;br /&gt;
- 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.&lt;br /&gt;
&lt;br /&gt;
- A Historical Account: The exile of Hakam ibn Abi al-&#039;As, reportedly for  Intelligence Gathering.&lt;br /&gt;
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&#039;zir (discretionary punishment).&lt;br /&gt;
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.&lt;br /&gt;
As for the historical account of exile, the author believes that if it is proven that the reason for Hakam&#039;s exile was  Intelligence Gathering, exile could be classified as a form of ta&#039;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.&lt;br /&gt;
=== Ruling on a Non-Muslim Spy ===&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
==== The Dhimmi Spy and the Musta&#039;min Spy ====&lt;br /&gt;
In the context of non-Muslim spies, the author explores two jurisprudential branches:&lt;br /&gt;
a) Does  Intelligence Gathering violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: &lt;br /&gt;
1.  Intelligence Gathering immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected.  &lt;br /&gt;
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.&lt;br /&gt;
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&#039;s Uyun al-Azhar, which states: &amp;quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
b) The Ruling on a Mu&#039;ahid or Musta&#039;min Spy&lt;br /&gt;
 &lt;br /&gt;
The ruling on a spy who is a treaty-holder (Mu&#039;ahid) or a person under temporary protection (Musta&#039;min), someone who enters Islamic lands under a protection agreement but not to reside there permanently:&lt;br /&gt;
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&#039;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. &lt;br /&gt;
=== Torture of Spies and the Validity of Admission Under Torture ===&lt;br /&gt;
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. &lt;br /&gt;
Under the section titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &amp;quot;Views of Shia Jurists&amp;quot; and &amp;quot;Views of Sunni Jurists,&amp;quot; the opinions of some scholars from are presented.&lt;br /&gt;
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). &lt;br /&gt;
== Intelligence Gathering for the Benefit of Islam and the Islamic System ==&lt;br /&gt;
In this section, the author examines three Qur&#039;anic verses and eight narrations (hadiths), offering his analyses of each:&lt;br /&gt;
In this section, the author presents three Quranic verses and eight narrations, offering his analysis of each:&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
3. [[Surah Al-Anfal, verse 27]]: &lt;br /&gt;
&lt;br /&gt;
- The context of the verse is debated:&lt;br /&gt;
&lt;br /&gt;
1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.&lt;br /&gt;
&lt;br /&gt;
2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.&lt;br /&gt;
&lt;br /&gt;
3. The story of Abu Lubaba during the war with Banu Qurayza.&lt;br /&gt;
   &lt;br /&gt;
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.&lt;br /&gt;
== Supplementary Discussions ==&lt;br /&gt;
====Juridical or Subject-Specific Exception?====&lt;br /&gt;
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?&lt;br /&gt;
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.&lt;br /&gt;
==== The Use of Spies in the Lives of the Infallibles ====&lt;br /&gt;
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. &lt;br /&gt;
=== Sunni Narrations on Military Affairs during the Prophet’s Time ===&lt;br /&gt;
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.&lt;br /&gt;
Furthermore, the author believes that the narration from Ibn Sa&#039;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.&lt;br /&gt;
====The Role of Arif and Naqib====&lt;br /&gt;
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.&lt;br /&gt;
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&#039;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. &lt;br /&gt;
====Committing Forbidden Acts during  Intelligence Gathering====&lt;br /&gt;
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.&lt;br /&gt;
==Notes on the Book==&lt;br /&gt;
{{column|3}}&lt;br /&gt;
# 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, &amp;quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: &#039;Do whatever you wish, for I have forgiven you&#039;&amp;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).&lt;br /&gt;
# 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.&lt;br /&gt;
# 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.&lt;br /&gt;
# 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 &amp;quot;suspicion&amp;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).&lt;br /&gt;
# 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.  &lt;br /&gt;
# None of the ten narrations in the section titled &amp;quot;Additional General Narrations on Torture&amp;quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.&lt;br /&gt;
# 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.&lt;br /&gt;
{{end}}&lt;br /&gt;
[[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]&lt;br /&gt;
[[category:Books by Najm al-Din Tabasi]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
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		<updated>2026-05-12T15:53:36Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: &lt;/p&gt;
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&lt;div&gt;{{infobox book&lt;br /&gt;
| title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
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| caption = &amp;lt;!-- Add caption for the image --&amp;gt;&lt;br /&gt;
| other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī&lt;br /&gt;
| main title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| author = Mohammad Javad Asadi&lt;br /&gt;
| date of writing = 2021&lt;br /&gt;
| subject = Espionage, Counter-espionage, Islamic Jurisprudence&lt;br /&gt;
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| isbn = &amp;lt;!-- Add ISBN number if available --&amp;gt;&lt;br /&gt;
| media type = Print&lt;br /&gt;
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| english name = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| translator = &amp;lt;!-- Add translator name if available --&amp;gt;&lt;br /&gt;
| publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)&lt;br /&gt;
| electronic version= &amp;lt;!-- Add link to electronic version if available --&amp;gt;&lt;br /&gt;
| other volumes = &amp;lt;!-- Add details of other volumes if available --&amp;gt;&lt;br /&gt;
}}&lt;br /&gt;
{{Author&lt;br /&gt;
|author = Mostafa haghanifazl&lt;br /&gt;
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* &#039;&#039;&#039;abstract&#039;&#039;&#039;&lt;br /&gt;
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.&lt;br /&gt;
== A Brief Look at the Book  ==&lt;br /&gt;
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).&lt;br /&gt;
=== About the Author ===&lt;br /&gt;
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:&lt;br /&gt;
- Al-Dirasat al-Fiqhiyya fi Masa&#039;il Khilafiyya (Jurisprudential Studies on Controversial Issues)&lt;br /&gt;
- Al-Zawaj al-Muwaqqat &#039;inda al-Sahaba wa al-Tabi&#039;in (Temporary Marriage Among the Companions and Followers)&lt;br /&gt;
- Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid&#039;a (Excommunication Between Tradition and Innovation)&lt;br /&gt;
- Tab’id dar Islam (Exile in Islam)&lt;br /&gt;
- Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)&lt;br /&gt;
- Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)&lt;br /&gt;
== Structure of the Book ==&lt;br /&gt;
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.&lt;br /&gt;
First Section: The Meaning of  Intelligence Gathering &lt;br /&gt;
In this section, the linguistic and terminological meanings of  Intelligence Gathering are examined.&lt;br /&gt;
 &lt;br /&gt;
Second Section: Types of  Intelligence Gathering and Spies&lt;br /&gt;
Here, the author categorizes  Intelligence Gathering into five types and classifies spies into two categories.&lt;br /&gt;
&lt;br /&gt;
Third Section: The Ruling on  Intelligence Gathering&lt;br /&gt;
This section is presented in two chapters:&lt;br /&gt;
1.  Intelligence Gathering benefiting disbelief (kufr) and in its interests.&lt;br /&gt;
2.  Intelligence Gathering benefiting Islam and the Islamic government.&lt;br /&gt;
The first chapter includes three discussions:&lt;br /&gt;
&lt;br /&gt;
a) The ruling on a Muslim spy according to the fatwas of Shia jurists.&lt;br /&gt;
&lt;br /&gt;
b) The perspectives of Sunni jurists.&lt;br /&gt;
&lt;br /&gt;
c) The jurisprudential evidence for the ruling.&lt;br /&gt;
 &lt;br /&gt;
Fourth Section: On Arif and Naqib&lt;br /&gt;
Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of  Intelligence Gathering?&lt;br /&gt;
 &lt;br /&gt;
Fifth Section: Committing Prohibited Acts During  Intelligence Gathering&lt;br /&gt;
Is it permissible to commit sinful acts in the process of  Intelligence Gathering?&lt;br /&gt;
== Meaning and Types of  Intelligence Gathering ==&lt;br /&gt;
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.&lt;br /&gt;
In the second section,  Intelligence Gathering is classified based on its benefit or lack thereof:&lt;br /&gt;
1. Investigating personal affairs without any rational motivation (i.e., meddling).&lt;br /&gt;
2.  Intelligence Gathering driven by corrupt intentions.&lt;br /&gt;
3.  Intelligence Gathering with a rational and legitimate purpose.&lt;br /&gt;
The third category is further divided into:&lt;br /&gt;
&lt;br /&gt;
a)  Intelligence Gathering for a necessary purpose, such as preserving the Islamic government.&lt;br /&gt;
&lt;br /&gt;
b)  Intelligence Gathering for a commendable purpose, such as identifying qualified individuals.&lt;br /&gt;
 &lt;br /&gt;
Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant):&lt;br /&gt;
1. Spies working in favor of the enemies of Islam.&lt;br /&gt;
2. Spies working in favor of the Islamic state. &lt;br /&gt;
==Intelligence Gathering Benefiting Disbelief (Kufr)==&lt;br /&gt;
===  The Ruling on a Muslim Spy ===&lt;br /&gt;
In this section, the author discusses the ruling on a Muslim spy under three main headings. &lt;br /&gt;
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).&lt;br /&gt;
 &lt;br /&gt;
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.&lt;br /&gt;
 &lt;br /&gt;
3. Jurisprudential Evidence: The author presents five pieces of evidence:&lt;br /&gt;
&lt;br /&gt;
- Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da&#039;a&#039;im al-Islam). &lt;br /&gt;
&lt;br /&gt;
- 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.&lt;br /&gt;
&lt;br /&gt;
- A Historical Account: The exile of Hakam ibn Abi al-&#039;As, reportedly for  Intelligence Gathering.&lt;br /&gt;
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&#039;zir (discretionary punishment).&lt;br /&gt;
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.&lt;br /&gt;
As for the historical account of exile, the author believes that if it is proven that the reason for Hakam&#039;s exile was  Intelligence Gathering, exile could be classified as a form of ta&#039;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.&lt;br /&gt;
=== Ruling on a Non-Muslim Spy ===&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
==== The Dhimmi Spy and the Musta&#039;min Spy ====&lt;br /&gt;
In the context of non-Muslim spies, the author explores two jurisprudential branches:&lt;br /&gt;
a) Does  Intelligence Gathering violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: &lt;br /&gt;
1.  Intelligence Gathering immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected.  &lt;br /&gt;
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.&lt;br /&gt;
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&#039;s Uyun al-Azhar, which states: &amp;quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
b) The Ruling on a Mu&#039;ahid or Musta&#039;min Spy&lt;br /&gt;
 &lt;br /&gt;
The ruling on a spy who is a treaty-holder (Mu&#039;ahid) or a person under temporary protection (Musta&#039;min), someone who enters Islamic lands under a protection agreement but not to reside there permanently:&lt;br /&gt;
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&#039;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. &lt;br /&gt;
=== Torture of Spies and the Validity of Admission Under Torture ===&lt;br /&gt;
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. &lt;br /&gt;
Under the section titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &amp;quot;Views of Shia Jurists&amp;quot; and &amp;quot;Views of Sunni Jurists,&amp;quot; the opinions of some scholars from are presented.&lt;br /&gt;
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). &lt;br /&gt;
== Intelligence Gathering for the Benefit of Islam and the Islamic System ==&lt;br /&gt;
In this section, the author examines three Qur&#039;anic verses and eight narrations (hadiths), offering his analyses of each:&lt;br /&gt;
In this section, the author presents three Quranic verses and eight narrations, offering his analysis of each:&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
3. [[Surah Al-Anfal, verse 27]]: &lt;br /&gt;
&lt;br /&gt;
- The context of the verse is debated:&lt;br /&gt;
&lt;br /&gt;
1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.&lt;br /&gt;
&lt;br /&gt;
2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.&lt;br /&gt;
&lt;br /&gt;
3. The story of Abu Lubaba during the war with Banu Qurayza.&lt;br /&gt;
   &lt;br /&gt;
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.&lt;br /&gt;
== Supplementary Discussions ==&lt;br /&gt;
====Juridical or Subject-Specific Exception?====&lt;br /&gt;
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?&lt;br /&gt;
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.&lt;br /&gt;
==== The Use of Spies in the Lives of the Infallibles ====&lt;br /&gt;
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. &lt;br /&gt;
=== Sunni Narrations on Military Affairs during the Prophet’s Time ===&lt;br /&gt;
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.&lt;br /&gt;
Furthermore, the author believes that the narration from Ibn Sa&#039;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.&lt;br /&gt;
====The Role of Arif and Naqib====&lt;br /&gt;
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.&lt;br /&gt;
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&#039;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. &lt;br /&gt;
====Committing Forbidden Acts during  Intelligence Gathering====&lt;br /&gt;
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.&lt;br /&gt;
==Notes on the Book==&lt;br /&gt;
{{column|3}}&lt;br /&gt;
# 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, &amp;quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: &#039;Do whatever you wish, for I have forgiven you&#039;&amp;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).&lt;br /&gt;
# 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.&lt;br /&gt;
# 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.&lt;br /&gt;
# 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 &amp;quot;suspicion&amp;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).&lt;br /&gt;
# 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.  &lt;br /&gt;
# None of the ten narrations in the section titled &amp;quot;Additional General Narrations on Torture&amp;quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.&lt;br /&gt;
# 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.&lt;br /&gt;
{{end}}&lt;br /&gt;
[[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]&lt;br /&gt;
[[category:Books by Najm al-Din Tabasi]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
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		<title>The Jurisprudential Foundations of Espionage and Counter-Espionage (Book)</title>
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		<updated>2026-05-12T15:52:35Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;{{infobox book&lt;br /&gt;
| title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg&lt;br /&gt;
| caption = &amp;lt;!-- Add caption for the image --&amp;gt;&lt;br /&gt;
| other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī&lt;br /&gt;
| main title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| author = Mohammad Javad Asadi&lt;br /&gt;
| date of writing = 2021&lt;br /&gt;
| subject = Espionage, Counter-espionage, Islamic Jurisprudence&lt;br /&gt;
| style = Analytical, Jurisprudential&lt;br /&gt;
| language = Persian&lt;br /&gt;
| main language = Persian&lt;br /&gt;
| editor = &amp;lt;!-- Add editor name if available --&amp;gt;&lt;br /&gt;
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| volumes = 1&lt;br /&gt;
| pages = 400&lt;br /&gt;
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| translations = &amp;lt;!-- Add translation details if available --&amp;gt;&lt;br /&gt;
| publisher = Islamic Research Institute for Culture and Thought&lt;br /&gt;
| publication place = Tehran, Iran&lt;br /&gt;
| publication date = 2021 (1st Edition)&lt;br /&gt;
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| english name = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
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| publication details = Tehran, Islamic Research Institute for Culture and Thought, 1400 SH (2021)&lt;br /&gt;
| electronic version= &amp;lt;!-- Add link to electronic version if available --&amp;gt;&lt;br /&gt;
| other volumes = &amp;lt;!-- Add details of other volumes if available --&amp;gt;&lt;br /&gt;
}}&lt;br /&gt;
{{Author&lt;br /&gt;
|author = Mostafa haghanifazl&lt;br /&gt;
|author2 = &lt;br /&gt;
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}} &lt;br /&gt;
* &#039;&#039;&#039;abstract&#039;&#039;&#039;&lt;br /&gt;
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.&lt;br /&gt;
== A Brief Look at the Book  ==&lt;br /&gt;
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).&lt;br /&gt;
=== About the Author ===&lt;br /&gt;
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:&lt;br /&gt;
- Al-Dirasat al-Fiqhiyya fi Masa&#039;il Khilafiyya (Jurisprudential Studies on Controversial Issues)&lt;br /&gt;
- Al-Zawaj al-Muwaqqat &#039;inda al-Sahaba wa al-Tabi&#039;in (Temporary Marriage Among the Companions and Followers)&lt;br /&gt;
- Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid&#039;a (Excommunication Between Tradition and Innovation)&lt;br /&gt;
- Tab’id dar Islam (Exile in Islam)&lt;br /&gt;
- Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)&lt;br /&gt;
- Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)&lt;br /&gt;
== Structure of the Book ==&lt;br /&gt;
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.&lt;br /&gt;
First Section: The Meaning of  Intelligence Gathering &lt;br /&gt;
In this section, the linguistic and terminological meanings of  Intelligence Gathering are examined.&lt;br /&gt;
 &lt;br /&gt;
Second Section: Types of  Intelligence Gathering and Spies&lt;br /&gt;
Here, the author categorizes  Intelligence Gathering into five types and classifies spies into two categories.&lt;br /&gt;
&lt;br /&gt;
Third Section: The Ruling on  Intelligence Gathering&lt;br /&gt;
This section is presented in two chapters:&lt;br /&gt;
1.  Intelligence Gathering benefiting disbelief (kufr) and in its interests.&lt;br /&gt;
2.  Intelligence Gathering benefiting Islam and the Islamic government.&lt;br /&gt;
The first chapter includes three discussions:&lt;br /&gt;
&lt;br /&gt;
a) The ruling on a Muslim spy according to the fatwas of Shia jurists.&lt;br /&gt;
&lt;br /&gt;
b) The perspectives of Sunni jurists.&lt;br /&gt;
&lt;br /&gt;
c) The jurisprudential evidence for the ruling.&lt;br /&gt;
 &lt;br /&gt;
Fourth Section: On Arif and Naqib&lt;br /&gt;
Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of  Intelligence Gathering?&lt;br /&gt;
 &lt;br /&gt;
Fifth Section: Committing Prohibited Acts During  Intelligence Gathering&lt;br /&gt;
Is it permissible to commit sinful acts in the process of  Intelligence Gathering?&lt;br /&gt;
== Meaning and Types of  Intelligence Gathering ==&lt;br /&gt;
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.&lt;br /&gt;
In the second section,  Intelligence Gathering is classified based on its benefit or lack thereof:&lt;br /&gt;
1. Investigating personal affairs without any rational motivation (i.e., meddling).&lt;br /&gt;
2.  Intelligence Gathering driven by corrupt intentions.&lt;br /&gt;
3.  Intelligence Gathering with a rational and legitimate purpose.&lt;br /&gt;
The third category is further divided into:&lt;br /&gt;
&lt;br /&gt;
a)  Intelligence Gathering for a necessary purpose, such as preserving the Islamic government.&lt;br /&gt;
&lt;br /&gt;
b)  Intelligence Gathering for a commendable purpose, such as identifying qualified individuals.&lt;br /&gt;
 &lt;br /&gt;
Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant):&lt;br /&gt;
1. Spies working in favor of the enemies of Islam.&lt;br /&gt;
2. Spies working in favor of the Islamic state. &lt;br /&gt;
==Intelligence Gathering Benefiting Disbelief (Kufr)==&lt;br /&gt;
===  The Ruling on a Muslim Spy ===&lt;br /&gt;
In this section, the author discusses the ruling on a Muslim spy under three main headings. &lt;br /&gt;
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).&lt;br /&gt;
 &lt;br /&gt;
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.&lt;br /&gt;
 &lt;br /&gt;
3. Jurisprudential Evidence: The author presents five pieces of evidence:&lt;br /&gt;
&lt;br /&gt;
- Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da&#039;a&#039;im al-Islam). &lt;br /&gt;
&lt;br /&gt;
- 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.&lt;br /&gt;
&lt;br /&gt;
- A Historical Account: The exile of Hakam ibn Abi al-&#039;As, reportedly for  Intelligence Gathering.&lt;br /&gt;
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&#039;zir (discretionary punishment).&lt;br /&gt;
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.&lt;br /&gt;
As for the historical account of exile, the author believes that if it is proven that the reason for Hakam&#039;s exile was  Intelligence Gathering, exile could be classified as a form of ta&#039;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.&lt;br /&gt;
=== Ruling on a Non-Muslim Spy ===&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
==== The Dhimmi Spy and the Musta&#039;min Spy ====&lt;br /&gt;
In the context of non-Muslim spies, the author explores two jurisprudential branches:&lt;br /&gt;
a) Does  Intelligence Gathering violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: &lt;br /&gt;
1.  Intelligence Gathering immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected.  &lt;br /&gt;
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.&lt;br /&gt;
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&#039;s Uyun al-Azhar, which states: &amp;quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
b) The Ruling on a Mu&#039;ahid or Musta&#039;min Spy&lt;br /&gt;
 &lt;br /&gt;
The ruling on a spy who is a treaty-holder (Mu&#039;ahid) or a person under temporary protection (Musta&#039;min), someone who enters Islamic lands under a protection agreement but not to reside there permanently:&lt;br /&gt;
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&#039;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. &lt;br /&gt;
=== Torture of Spies and the Validity of Admission Under Torture ===&lt;br /&gt;
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. &lt;br /&gt;
Under the section titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &amp;quot;Views of Shia Jurists&amp;quot; and &amp;quot;Views of Sunni Jurists,&amp;quot; the opinions of some scholars from are presented.&lt;br /&gt;
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). &lt;br /&gt;
== Intelligence Gathering for the Benefit of Islam and the Islamic System ==&lt;br /&gt;
In this section, the author examines three Qur&#039;anic verses and eight narrations (hadiths), offering his analyses of each:&lt;br /&gt;
In this section, the author presents three Quranic verses and eight narrations, offering his analysis of each:&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
3. [[Surah Al-Anfal, verse 27]]: &lt;br /&gt;
&lt;br /&gt;
- The context of the verse is debated:&lt;br /&gt;
&lt;br /&gt;
1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.&lt;br /&gt;
&lt;br /&gt;
2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.&lt;br /&gt;
&lt;br /&gt;
3. The story of Abu Lubaba during the war with Banu Qurayza.&lt;br /&gt;
   &lt;br /&gt;
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.&lt;br /&gt;
== Supplementary Discussions ==&lt;br /&gt;
====Juridical or Subject-Specific Exception?====&lt;br /&gt;
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?&lt;br /&gt;
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.&lt;br /&gt;
==== The Use of Spies in the Lives of the Infallibles ====&lt;br /&gt;
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. &lt;br /&gt;
=== Sunni Narrations on Military Affairs during the Prophet’s Time ===&lt;br /&gt;
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.&lt;br /&gt;
Furthermore, the author believes that the narration from Ibn Sa&#039;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.&lt;br /&gt;
====The Role of Arif and Naqib====&lt;br /&gt;
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.&lt;br /&gt;
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&#039;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. &lt;br /&gt;
====Committing Forbidden Acts during  Intelligence Gathering====&lt;br /&gt;
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.&lt;br /&gt;
==Notes on the Book==&lt;br /&gt;
{{column|3}}&lt;br /&gt;
# 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, &amp;quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: &#039;Do whatever you wish, for I have forgiven you&#039;&amp;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).&lt;br /&gt;
# 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.&lt;br /&gt;
# 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.&lt;br /&gt;
# 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 &amp;quot;suspicion&amp;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).&lt;br /&gt;
# 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.  &lt;br /&gt;
# None of the ten narrations in the section titled &amp;quot;Additional General Narrations on Torture&amp;quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.&lt;br /&gt;
# 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.&lt;br /&gt;
{{end}}&lt;br /&gt;
[[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]&lt;br /&gt;
[[category:Books by Najm al-Din Tabasi]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
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		<title>The Jurisprudential Foundations of Espionage and Counter-Espionage (Book)</title>
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		<updated>2026-05-12T15:35:39Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: &lt;/p&gt;
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&lt;div&gt;{{infobox book&lt;br /&gt;
| title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg&lt;br /&gt;
| caption = &amp;lt;!-- Add caption for the image --&amp;gt;&lt;br /&gt;
| other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī&lt;br /&gt;
| main title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| author = Mohammad Javad Asadi&lt;br /&gt;
| date of writing = 2021&lt;br /&gt;
| subject = Espionage, Counter-espionage, Islamic Jurisprudence&lt;br /&gt;
| style = Analytical, Jurisprudential&lt;br /&gt;
| language = Persian&lt;br /&gt;
| main language = Persian&lt;br /&gt;
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| publisher = Islamic Research Institute for Culture and Thought&lt;br /&gt;
| publication place = Tehran, Iran&lt;br /&gt;
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{{Author&lt;br /&gt;
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* &#039;&#039;&#039;abstract&#039;&#039;&#039;&lt;br /&gt;
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.&lt;br /&gt;
== A Brief Look at the Book  ==&lt;br /&gt;
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).&lt;br /&gt;
=== About the Author ===&lt;br /&gt;
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:&lt;br /&gt;
- Al-Dirasat al-Fiqhiyya fi Masa&#039;il Khilafiyya (Jurisprudential Studies on Controversial Issues)&lt;br /&gt;
- Al-Zawaj al-Muwaqqat &#039;inda al-Sahaba wa al-Tabi&#039;in (Temporary Marriage Among the Companions and Followers)&lt;br /&gt;
- Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid&#039;a (Excommunication Between Tradition and Innovation)&lt;br /&gt;
- Tab’id dar Islam (Exile in Islam)&lt;br /&gt;
- Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)&lt;br /&gt;
- Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)&lt;br /&gt;
== Structure of the Book ==&lt;br /&gt;
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.&lt;br /&gt;
First Section: The Meaning of  Intelligence Gathering &lt;br /&gt;
In this section, the linguistic and terminological meanings of  Intelligence Gathering are examined.&lt;br /&gt;
 &lt;br /&gt;
Second Section: Types of  Intelligence Gathering and Spies&lt;br /&gt;
Here, the author categorizes  Intelligence Gathering into five types and classifies spies into two categories.&lt;br /&gt;
&lt;br /&gt;
Third Section: The Ruling on  Intelligence Gathering&lt;br /&gt;
This section is presented in two chapters:&lt;br /&gt;
1.  Intelligence Gathering benefiting disbelief (kufr) and in its interests.&lt;br /&gt;
2.  Intelligence Gathering benefiting Islam and the Islamic government.&lt;br /&gt;
The first chapter includes three discussions:&lt;br /&gt;
&lt;br /&gt;
a) The ruling on a Muslim spy according to the fatwas of Shia jurists.&lt;br /&gt;
&lt;br /&gt;
b) The perspectives of Sunni jurists.&lt;br /&gt;
&lt;br /&gt;
c) The jurisprudential evidence for the ruling.&lt;br /&gt;
 &lt;br /&gt;
Fourth Section: On Arif and Naqib&lt;br /&gt;
Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of  Intelligence Gathering?&lt;br /&gt;
 &lt;br /&gt;
Fifth Section: Committing Prohibited Acts During  Intelligence Gathering&lt;br /&gt;
Is it permissible to commit sinful acts in the process of  Intelligence Gathering?&lt;br /&gt;
== Meaning and Types of  Intelligence Gathering ==&lt;br /&gt;
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.&lt;br /&gt;
In the second section,  Intelligence Gathering is classified based on its benefit or lack thereof:&lt;br /&gt;
1. Investigating personal affairs without any rational motivation (i.e., meddling).&lt;br /&gt;
2.  Intelligence Gathering driven by corrupt intentions.&lt;br /&gt;
3.  Intelligence Gathering with a rational and legitimate purpose.&lt;br /&gt;
The third category is further divided into:&lt;br /&gt;
&lt;br /&gt;
a)  Intelligence Gathering for a necessary purpose, such as preserving the Islamic government.&lt;br /&gt;
&lt;br /&gt;
b)  Intelligence Gathering for a commendable purpose, such as identifying qualified individuals.&lt;br /&gt;
 &lt;br /&gt;
Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant):&lt;br /&gt;
1. Spies working in favor of the enemies of Islam.&lt;br /&gt;
2. Spies working in favor of the Islamic state. &lt;br /&gt;
==Intelligence Gathering Benefiting Disbelief (Kufr)==&lt;br /&gt;
===  The Ruling on a Muslim Spy ===&lt;br /&gt;
In this section, the author discusses the ruling on a Muslim spy under three main headings. &lt;br /&gt;
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).&lt;br /&gt;
 &lt;br /&gt;
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.&lt;br /&gt;
 &lt;br /&gt;
3. Jurisprudential Evidence: The author presents five pieces of evidence:&lt;br /&gt;
&lt;br /&gt;
- Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da&#039;a&#039;im al-Islam). &lt;br /&gt;
&lt;br /&gt;
- 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.&lt;br /&gt;
&lt;br /&gt;
- A Historical Account: The exile of Hakam ibn Abi al-&#039;As, reportedly for  Intelligence Gathering.&lt;br /&gt;
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&#039;zir (discretionary punishment).&lt;br /&gt;
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.&lt;br /&gt;
As for the historical account of exile, the author believes that if it is proven that the reason for Hakam&#039;s exile was  Intelligence Gathering, exile could be classified as a form of ta&#039;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.&lt;br /&gt;
=== Ruling on a Non-Muslim Spy ===&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
==== The Dhimmi Spy and the Musta&#039;min Spy ====&lt;br /&gt;
In the context of non-Muslim spies, the author explores two jurisprudential branches:&lt;br /&gt;
a) Does  Intelligence Gathering violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: &lt;br /&gt;
1.  Intelligence Gathering immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected.  &lt;br /&gt;
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.&lt;br /&gt;
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&#039;s Uyun al-Azhar, which states: &amp;quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
b) The Ruling on a Mu&#039;ahid or Musta&#039;min Spy&lt;br /&gt;
 &lt;br /&gt;
The ruling on a spy who is a treaty-holder (Mu&#039;ahid) or a person under temporary protection (Musta&#039;min), someone who enters Islamic lands under a protection agreement but not to reside there permanently:&lt;br /&gt;
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&#039;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. &lt;br /&gt;
=== Torture of Spies and the Validity of Confession Under Torture ===&lt;br /&gt;
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. &lt;br /&gt;
Under the section titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &amp;quot;Views of Shia Jurists&amp;quot; and &amp;quot;Views of Sunni Jurists,&amp;quot; the opinions of some scholars from are presented.&lt;br /&gt;
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). &lt;br /&gt;
== Intelligence Gathering for the Benefit of Islam and the Islamic System ==&lt;br /&gt;
In this section, the author examines three Qur&#039;anic verses and eight narrations (hadiths), offering his analyses of each:&lt;br /&gt;
In this section, the author presents three Quranic verses and eight narrations, offering his analysis of each:&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
3. [[Surah Al-Anfal, verse 27]]: &lt;br /&gt;
&lt;br /&gt;
- The context of the verse is debated:&lt;br /&gt;
&lt;br /&gt;
1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.&lt;br /&gt;
&lt;br /&gt;
2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.&lt;br /&gt;
&lt;br /&gt;
3. The story of Abu Lubaba during the war with Banu Qurayza.&lt;br /&gt;
   &lt;br /&gt;
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.&lt;br /&gt;
== Supplementary Discussions ==&lt;br /&gt;
====Juridical or Subject-Specific Exception?====&lt;br /&gt;
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?&lt;br /&gt;
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.&lt;br /&gt;
==== The Use of Spies in the Lives of the Infallibles ====&lt;br /&gt;
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. &lt;br /&gt;
=== Sunni Narrations on Military Affairs during the Prophet’s Time ===&lt;br /&gt;
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.&lt;br /&gt;
Furthermore, the author believes that the narration from Ibn Sa&#039;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.&lt;br /&gt;
====The Role of Arif and Naqib====&lt;br /&gt;
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.&lt;br /&gt;
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&#039;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. &lt;br /&gt;
====Committing Forbidden Acts during  Intelligence Gathering====&lt;br /&gt;
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.&lt;br /&gt;
==Notes on the Book==&lt;br /&gt;
{{column|3}}&lt;br /&gt;
# 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, &amp;quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: &#039;Do whatever you wish, for I have forgiven you&#039;&amp;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).&lt;br /&gt;
# 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.&lt;br /&gt;
# 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.&lt;br /&gt;
# 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 &amp;quot;suspicion&amp;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).&lt;br /&gt;
# 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.  &lt;br /&gt;
# None of the ten narrations in the section titled &amp;quot;Additional General Narrations on Torture&amp;quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.&lt;br /&gt;
# 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.&lt;br /&gt;
{{end}}&lt;br /&gt;
[[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]&lt;br /&gt;
[[category:Books by Najm al-Din Tabasi]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
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		<title>The Jurisprudential Foundations of Espionage and Counter-Espionage (Book)</title>
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		<updated>2026-05-12T15:24:57Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: &lt;/p&gt;
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| title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg&lt;br /&gt;
| caption = &amp;lt;!-- Add caption for the image --&amp;gt;&lt;br /&gt;
| other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī&lt;br /&gt;
| main title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| author = Mohammad Javad Asadi&lt;br /&gt;
| date of writing = 2021&lt;br /&gt;
| subject = Espionage, Counter-espionage, Islamic Jurisprudence&lt;br /&gt;
| style = Analytical, Jurisprudential&lt;br /&gt;
| language = Persian&lt;br /&gt;
| main language = Persian&lt;br /&gt;
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| publisher = Islamic Research Institute for Culture and Thought&lt;br /&gt;
| publication place = Tehran, Iran&lt;br /&gt;
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* &#039;&#039;&#039;abstract&#039;&#039;&#039;&lt;br /&gt;
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.&lt;br /&gt;
== A Brief Look at the Book  ==&lt;br /&gt;
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).&lt;br /&gt;
=== About the Author ===&lt;br /&gt;
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:&lt;br /&gt;
- Al-Dirasat al-Fiqhiyya fi Masa&#039;il Khilafiyya (Jurisprudential Studies on Controversial Issues)&lt;br /&gt;
- Al-Zawaj al-Muwaqqat &#039;inda al-Sahaba wa al-Tabi&#039;in (Temporary Marriage Among the Companions and Followers)&lt;br /&gt;
- Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid&#039;a (Excommunication Between Tradition and Innovation)&lt;br /&gt;
- Tab’id dar Islam (Exile in Islam)&lt;br /&gt;
- Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)&lt;br /&gt;
- Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Jurisprudential Rulings)&lt;br /&gt;
== Structure of the Book ==&lt;br /&gt;
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.&lt;br /&gt;
First Section: The Meaning of  Intelligence Gathering &lt;br /&gt;
In this section, the linguistic and terminological meanings of  Intelligence Gathering are examined.&lt;br /&gt;
 &lt;br /&gt;
Second Section: Types of  Intelligence Gathering and Spies&lt;br /&gt;
Here, the author categorizes  Intelligence Gathering into five types and classifies spies into two categories.&lt;br /&gt;
&lt;br /&gt;
Third Section: The Ruling on  Intelligence Gathering&lt;br /&gt;
This section is presented in two chapters:&lt;br /&gt;
1.  Intelligence Gathering benefiting disbelief (kufr) and in its interests.&lt;br /&gt;
2.  Intelligence Gathering benefiting Islam and the Islamic government.&lt;br /&gt;
The first chapter includes three discussions:&lt;br /&gt;
&lt;br /&gt;
a) The ruling on a Muslim spy according to the fatwas of Shia jurists.&lt;br /&gt;
&lt;br /&gt;
b) The perspectives of Sunni jurists.&lt;br /&gt;
&lt;br /&gt;
c) The jurisprudential evidence for the ruling.&lt;br /&gt;
 &lt;br /&gt;
Fourth Section: On Arif and Naqib&lt;br /&gt;
Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of  Intelligence Gathering?&lt;br /&gt;
 &lt;br /&gt;
Fifth Section: Committing Prohibited Acts During  Intelligence Gathering&lt;br /&gt;
Is it permissible to commit sinful acts in the process of  Intelligence Gathering?&lt;br /&gt;
== Meaning and Types of  Intelligence Gathering ==&lt;br /&gt;
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.&lt;br /&gt;
In the second section,  Intelligence Gathering is classified based on its benefit or lack thereof:&lt;br /&gt;
1. Investigating personal affairs without any rational motivation (i.e., meddling).&lt;br /&gt;
2.  Intelligence Gathering driven by corrupt intentions.&lt;br /&gt;
3.  Intelligence Gathering with a rational and legitimate purpose.&lt;br /&gt;
The third category is further divided into:&lt;br /&gt;
&lt;br /&gt;
a)  Intelligence Gathering for a necessary purpose, such as preserving the Islamic government.&lt;br /&gt;
&lt;br /&gt;
b)  Intelligence Gathering for a commendable purpose, such as identifying qualified individuals.&lt;br /&gt;
 &lt;br /&gt;
Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant):&lt;br /&gt;
1. Spies working in favor of the enemies of Islam.&lt;br /&gt;
2. Spies working in favor of the Islamic state. &lt;br /&gt;
==Intelligence Gathering Benefiting Disbelief (Kufr)==&lt;br /&gt;
===  The Ruling on a Muslim Spy ===&lt;br /&gt;
In this section, the author discusses the ruling on a Muslim spy under three main headings. &lt;br /&gt;
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).&lt;br /&gt;
 &lt;br /&gt;
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.&lt;br /&gt;
 &lt;br /&gt;
3. Jurisprudential Evidence: The author presents five pieces of evidence:&lt;br /&gt;
&lt;br /&gt;
- Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da&#039;a&#039;im al-Islam). &lt;br /&gt;
&lt;br /&gt;
- 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.&lt;br /&gt;
&lt;br /&gt;
- A Historical Account: The exile of Hakam ibn Abi al-&#039;As, reportedly for  Intelligence Gathering.&lt;br /&gt;
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&#039;zir (discretionary punishment).&lt;br /&gt;
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.&lt;br /&gt;
As for the historical account of exile, the author believes that if it is proven that the reason for Hakam&#039;s exile was  Intelligence Gathering, exile could be classified as a form of ta&#039;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.&lt;br /&gt;
=== Ruling on a Non-Muslim Spy ===&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
==== The Dhimmi Spy and the Musta&#039;min Spy ====&lt;br /&gt;
In the context of non-Muslim spies, the author explores two jurisprudential branches:&lt;br /&gt;
a) Does  Intelligence Gathering violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: &lt;br /&gt;
1.  Intelligence Gathering immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected.  &lt;br /&gt;
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.&lt;br /&gt;
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&#039;s Uyun al-Azhar, which states: &amp;quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
b) The Ruling on a Mu&#039;ahid or Musta&#039;min Spy&lt;br /&gt;
 &lt;br /&gt;
The ruling on a spy who is a treaty-holder (Mu&#039;ahid) or a person under temporary protection (Musta&#039;min), someone who enters Islamic lands under a protection agreement but not to reside there permanently:&lt;br /&gt;
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&#039;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. &lt;br /&gt;
=== Torture of Spies and the Validity of Confession Under Torture ===&lt;br /&gt;
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. &lt;br /&gt;
Under the section titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &amp;quot;Views of Shia Jurists&amp;quot; and &amp;quot;Views of Sunni Jurists,&amp;quot; the opinions of some scholars from are presented.&lt;br /&gt;
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). &lt;br /&gt;
== Intelligence Gathering for the Benefit of Islam and the Islamic System ==&lt;br /&gt;
In this section, the author examines three Qur&#039;anic verses and eight narrations (hadiths), offering his analyses of each:&lt;br /&gt;
In this section, the author presents three Quranic verses and eight narrations, offering his analysis of each:&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
3. [[Surah Al-Anfal, verse 27]]: &lt;br /&gt;
&lt;br /&gt;
- The context of the verse is debated:&lt;br /&gt;
&lt;br /&gt;
1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.&lt;br /&gt;
&lt;br /&gt;
2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.&lt;br /&gt;
&lt;br /&gt;
3. The story of Abu Lubaba during the war with Banu Qurayza.&lt;br /&gt;
   &lt;br /&gt;
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.&lt;br /&gt;
== Supplementary Discussions ==&lt;br /&gt;
====Juridical or Subject-Specific Exception?====&lt;br /&gt;
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?&lt;br /&gt;
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.&lt;br /&gt;
==== The Use of Spies in the Lives of the Infallibles ====&lt;br /&gt;
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. &lt;br /&gt;
=== Sunni Narrations on Military Affairs during the Prophet’s Time ===&lt;br /&gt;
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.&lt;br /&gt;
Furthermore, the author believes that the narration from Ibn Sa&#039;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.&lt;br /&gt;
====The Role of Arif and Naqib====&lt;br /&gt;
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.&lt;br /&gt;
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&#039;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. &lt;br /&gt;
====Committing Forbidden Acts during  Intelligence Gathering====&lt;br /&gt;
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.&lt;br /&gt;
==Notes on the Book==&lt;br /&gt;
{{column|3}}&lt;br /&gt;
# 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, &amp;quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: &#039;Do whatever you wish, for I have forgiven you&#039;&amp;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).&lt;br /&gt;
# 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.&lt;br /&gt;
# 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.&lt;br /&gt;
# 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 &amp;quot;suspicion&amp;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).&lt;br /&gt;
# 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.  &lt;br /&gt;
# None of the ten narrations in the section titled &amp;quot;Additional General Narrations on Torture&amp;quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.&lt;br /&gt;
# 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.&lt;br /&gt;
{{end}}&lt;br /&gt;
[[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]&lt;br /&gt;
[[category:Books by Najm al-Din Tabasi]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
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		<title>The Jurisprudential Foundations of Espionage and Counter-Espionage (Book)</title>
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		<updated>2026-05-12T15:20:51Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: &lt;/p&gt;
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| title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| image = Jurisprudential Foundations of Espionage and Counter-Espionage.jpg&lt;br /&gt;
| caption = &amp;lt;!-- Add caption for the image --&amp;gt;&lt;br /&gt;
| other names = Mabānī Fiqhī Jāsūsī wa Ḍid-Jāsūsī&lt;br /&gt;
| main title = Jurisprudential Foundations of Espionage and Counter-Espionage&lt;br /&gt;
| author = Mohammad Javad Asadi&lt;br /&gt;
| date of writing = 2021&lt;br /&gt;
| subject = Espionage, Counter-espionage, Islamic Jurisprudence&lt;br /&gt;
| style = Analytical, Jurisprudential&lt;br /&gt;
| language = Persian&lt;br /&gt;
| main language = Persian&lt;br /&gt;
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| publisher = Islamic Research Institute for Culture and Thought&lt;br /&gt;
| publication place = Tehran, Iran&lt;br /&gt;
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* &#039;&#039;&#039;abstract&#039;&#039;&#039;&lt;br /&gt;
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.&lt;br /&gt;
== A Brief Look at the Book  ==&lt;br /&gt;
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).&lt;br /&gt;
=== About the Author ===&lt;br /&gt;
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:&lt;br /&gt;
- Al-Dirasat al-Fiqhiyya fi Masa&#039;il Khilafiyya (Jurisprudential Studies on Controversial Issues)&lt;br /&gt;
- Al-Zawaj al-Muwaqqat &#039;inda al-Sahaba wa al-Tabi&#039;in (Temporary Marriage Among the Companions and Followers)&lt;br /&gt;
- Al-Irsal wa al-Takfir bayn al-Sunna wa al-Bid&#039;a (Excommunication Between Tradition and Innovation)&lt;br /&gt;
- Tab’id dar Islam (Exile in Islam)&lt;br /&gt;
- Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)&lt;br /&gt;
- Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Rulings)&lt;br /&gt;
== Structure of the Book ==&lt;br /&gt;
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.&lt;br /&gt;
First Section: The Meaning of  Intelligence Gathering &lt;br /&gt;
In this section, the linguistic and terminological meanings of  Intelligence Gathering are examined.&lt;br /&gt;
 &lt;br /&gt;
Second Section: Types of  Intelligence Gathering and Spies&lt;br /&gt;
Here, the author categorizes  Intelligence Gathering into five types and classifies spies into two categories.&lt;br /&gt;
&lt;br /&gt;
Third Section: The Ruling on  Intelligence Gathering&lt;br /&gt;
This section is presented in two chapters:&lt;br /&gt;
1.  Intelligence Gathering benefiting disbelief (kufr) and in its interests.&lt;br /&gt;
2.  Intelligence Gathering benefiting Islam and the Islamic government.&lt;br /&gt;
The first chapter includes three discussions:&lt;br /&gt;
&lt;br /&gt;
a) The ruling on a Muslim spy according to the fatwas of Shia jurists.&lt;br /&gt;
&lt;br /&gt;
b) The perspectives of Sunni jurists.&lt;br /&gt;
&lt;br /&gt;
c) The jurisprudential evidence for the ruling.&lt;br /&gt;
 &lt;br /&gt;
Fourth Section: On Arif and Naqib&lt;br /&gt;
Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of  Intelligence Gathering?&lt;br /&gt;
 &lt;br /&gt;
Fifth Section: Committing Prohibited Acts During  Intelligence Gathering&lt;br /&gt;
Is it permissible to commit sinful acts in the process of  Intelligence Gathering?&lt;br /&gt;
== Meaning and Types of  Intelligence Gathering ==&lt;br /&gt;
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.&lt;br /&gt;
In the second section,  Intelligence Gathering is classified based on its benefit or lack thereof:&lt;br /&gt;
1. Investigating personal affairs without any rational motivation (i.e., meddling).&lt;br /&gt;
2.  Intelligence Gathering driven by corrupt intentions.&lt;br /&gt;
3.  Intelligence Gathering with a rational and legitimate purpose.&lt;br /&gt;
The third category is further divided into:&lt;br /&gt;
&lt;br /&gt;
a)  Intelligence Gathering for a necessary purpose, such as preserving the Islamic government.&lt;br /&gt;
&lt;br /&gt;
b)  Intelligence Gathering for a commendable purpose, such as identifying qualified individuals.&lt;br /&gt;
 &lt;br /&gt;
Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant):&lt;br /&gt;
1. Spies working in favor of the enemies of Islam.&lt;br /&gt;
2. Spies working in favor of the Islamic state. &lt;br /&gt;
==Intelligence Gathering Benefiting Disbelief (Kufr)==&lt;br /&gt;
===  The Ruling on a Muslim Spy ===&lt;br /&gt;
In this section, the author discusses the ruling on a Muslim spy under three main headings. &lt;br /&gt;
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).&lt;br /&gt;
 &lt;br /&gt;
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.&lt;br /&gt;
 &lt;br /&gt;
3. Jurisprudential Evidence: The author presents five pieces of evidence:&lt;br /&gt;
&lt;br /&gt;
- Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da&#039;a&#039;im al-Islam). &lt;br /&gt;
&lt;br /&gt;
- 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.&lt;br /&gt;
&lt;br /&gt;
- A Historical Account: The exile of Hakam ibn Abi al-&#039;As, reportedly for  Intelligence Gathering.&lt;br /&gt;
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&#039;zir (discretionary punishment).&lt;br /&gt;
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.&lt;br /&gt;
As for the historical account of exile, the author believes that if it is proven that the reason for Hakam&#039;s exile was  Intelligence Gathering, exile could be classified as a form of ta&#039;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.&lt;br /&gt;
=== Ruling on a Non-Muslim Spy ===&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
==== The Dhimmi Spy and the Musta&#039;min Spy ====&lt;br /&gt;
In the context of non-Muslim spies, the author explores two jurisprudential branches:&lt;br /&gt;
a) Does  Intelligence Gathering violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions: &lt;br /&gt;
1.  Intelligence Gathering immediately breaks the Dhimmah covenant, turning the Dhimmi into an enemy (Harbi), who is no longer protected.  &lt;br /&gt;
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.&lt;br /&gt;
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&#039;s Uyun al-Azhar, which states: &amp;quot;The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the execution of spies.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
b) The Ruling on a Mu&#039;ahid or Musta&#039;min Spy&lt;br /&gt;
 &lt;br /&gt;
The ruling on a spy who is a treaty-holder (Mu&#039;ahid) or a person under temporary protection (Musta&#039;min), someone who enters Islamic lands under a protection agreement but not to reside there permanently:&lt;br /&gt;
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&#039;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. &lt;br /&gt;
=== Torture of Spies and the Validity of Confession Under Torture ===&lt;br /&gt;
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. &lt;br /&gt;
Under the section titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, &amp;quot;Views of Shia Jurists&amp;quot; and &amp;quot;Views of Sunni Jurists,&amp;quot; the opinions of some scholars from are presented.&lt;br /&gt;
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). &lt;br /&gt;
== Intelligence Gathering for the Benefit of Islam and the Islamic System ==&lt;br /&gt;
In this section, the author examines three Qur&#039;anic verses and eight narrations (hadiths), offering his analyses of each:&lt;br /&gt;
In this section, the author presents three Quranic verses and eight narrations, offering his analysis of each:&lt;br /&gt;
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.&lt;br /&gt;
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.&lt;br /&gt;
3. [[Surah Al-Anfal, verse 27]]: &lt;br /&gt;
&lt;br /&gt;
- The context of the verse is debated:&lt;br /&gt;
&lt;br /&gt;
1. A hypocrite informed Abu Sufyan that Muhammad was pursuing him.&lt;br /&gt;
&lt;br /&gt;
2. Some individuals would overhear the Prophet’s words and reveal them to the polytheists.&lt;br /&gt;
&lt;br /&gt;
3. The story of Abu Lubaba during the war with Banu Qurayza.&lt;br /&gt;
   &lt;br /&gt;
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.&lt;br /&gt;
== Supplementary Discussions ==&lt;br /&gt;
====Juridical or Subject-Specific Exception?====&lt;br /&gt;
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?&lt;br /&gt;
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.&lt;br /&gt;
==== The Use of Spies in the Lives of the Infallibles ====&lt;br /&gt;
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. &lt;br /&gt;
=== Sunni Narrations on Military Affairs during the Prophet’s Time ===&lt;br /&gt;
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.&lt;br /&gt;
Furthermore, the author believes that the narration from Ibn Sa&#039;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.&lt;br /&gt;
====The Role of Arif and Naqib====&lt;br /&gt;
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.&lt;br /&gt;
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&#039;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. &lt;br /&gt;
====Committing Forbidden Acts during  Intelligence Gathering====&lt;br /&gt;
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.&lt;br /&gt;
==Notes on the Book==&lt;br /&gt;
{{column|3}}&lt;br /&gt;
# 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, &amp;quot;Perhaps God has turned His attention to the people of Badr and forgiven them, telling them: &#039;Do whatever you wish, for I have forgiven you&#039;&amp;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).&lt;br /&gt;
# 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.&lt;br /&gt;
# 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.&lt;br /&gt;
# 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 &amp;quot;suspicion&amp;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).&lt;br /&gt;
# 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.  &lt;br /&gt;
# None of the ten narrations in the section titled &amp;quot;Additional General Narrations on Torture&amp;quot; directly concern espionage; rather, they are general or related to theft and failure to pay tribute or taxes.&lt;br /&gt;
# 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.&lt;br /&gt;
{{end}}&lt;br /&gt;
[[fa:مبانی فقهی جاسوسی و ضدجاسوسی (کتاب)]]&lt;br /&gt;
[[category:Books by Najm al-Din Tabasi]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
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		<summary type="html">&lt;p&gt;Sarfipour: /* اصطلاحات */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;== اعلام ==&lt;br /&gt;
=== نام های خاص عربی ===&lt;br /&gt;
&lt;br /&gt;
* [[Abd al-Rahman al-Jaziri]]&lt;br /&gt;
&lt;br /&gt;
=== نام کتاب ===&lt;br /&gt;
&lt;br /&gt;
* [[Misbah al-Fiqahah]]&lt;br /&gt;
* Salsabil fi Usul al-Tajzi&#039;ah wa al-I&#039;rab&lt;br /&gt;
&lt;br /&gt;
===نام‌ها===&lt;br /&gt;
* Mousa: موسی&lt;br /&gt;
* Mohammad Ishaq : محمداسحاق&lt;br /&gt;
* Abolqassem: ابوالقاسم&lt;br /&gt;
* Mohammad Sadeq: محمدصادق&lt;br /&gt;
* Taqi: تقی&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Javad: جواد&lt;br /&gt;
* Mohammad Javad: محمدجواد&lt;br /&gt;
* Lotfollah: لطف الله&lt;br /&gt;
* Ahmad: احمد&lt;br /&gt;
* Mohammad Baqer: محمدباقر&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Ja&#039;far: جعفر&lt;br /&gt;
* Fazlollah: فضل الله&lt;br /&gt;
* Abdolkarim: عبدالکریم&lt;br /&gt;
===نام‌های خانوادگی===&lt;br /&gt;
* Fayyaz: فیاض&lt;br /&gt;
* Musavi: موسوی&lt;br /&gt;
* Khoei: خوئی&lt;br /&gt;
* Rohani: روحانی&lt;br /&gt;
* Mohaqqeq: محقق&lt;br /&gt;
* Karaki: کرکی&lt;br /&gt;
* Tabatabaei: طباطبائی&lt;br /&gt;
* Qomi: قمی&lt;br /&gt;
* Tabrizi: تبریزی&lt;br /&gt;
* Shubairi: شبیری&lt;br /&gt;
* Zanjani: زنجانی&lt;br /&gt;
* Fazel: فاضل&lt;br /&gt;
* Lankarani: لنکرانی&lt;br /&gt;
* Safi: صافی&lt;br /&gt;
* Golpaygani: گلپایگانی&lt;br /&gt;
* Alidoost: علیدوست&lt;br /&gt;
* Mulla: ملا&lt;br /&gt;
* Naraqi: نراقی&lt;br /&gt;
* Majlesi: مجلسی&lt;br /&gt;
* Gilani: گیلانی&lt;br /&gt;
* Kashfi: کشفی&lt;br /&gt;
* Nouri: نوری&lt;br /&gt;
* Haeri: حائری&lt;br /&gt;
* Yazdi: یزدی&lt;br /&gt;
* Haghighat: حقیقت&lt;br /&gt;
&lt;br /&gt;
== اصطلاحات ==&lt;br /&gt;
* [[disliked (makruh)]]&lt;br /&gt;
* no necessary connection  : ملازمه منجزی&lt;br /&gt;
* sayyid&lt;br /&gt;
* contemporary scholars of Usul al-fiqh : فقهای اصولی&lt;br /&gt;
* [[Maliki school]]&lt;br /&gt;
* [[Shafi&#039;i school]]&lt;br /&gt;
* Advanced Jurisprudence (Kharij) : خارج فقه&lt;br /&gt;
* the principle of interdependence: قاعده ملازمه&lt;br /&gt;
* principle of interdependence at the macro level : قاعده ملازمه کبروی&lt;br /&gt;
*Rational proof of innocence: برائت عقلی&lt;br /&gt;
*Rational precaution: احتیاط عقلی&lt;br /&gt;
*the repugnance of punishment without warning (qubh al-&#039;iqab bila bayan)&lt;br /&gt;
*the right of obedience (haqq al-ta&#039;ah)&lt;br /&gt;
*[[age of occultation (ghaybah)]]&lt;br /&gt;
*fundamental boundaries: خطوط قرمز در اصطلاح فقهی&lt;br /&gt;
*Istislah (public interest)&lt;br /&gt;
*abominations and evil deeds: فحشاء و منکر&lt;br /&gt;
*disengagement: عدم تعهد&lt;br /&gt;
*unreliable conjecture (zann): ظن غیر معتبر&lt;br /&gt;
*Istihsan (juristic preference): استحسان&lt;br /&gt;
*pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف&lt;br /&gt;
*enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Guardianship (Wilayah)&lt;br /&gt;
*non-litigious matters (al-omour al-hesbiah)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Ijtihad: اجتهاد&lt;br /&gt;
*[[rule of the bed (qā&#039;idat al-firāsh)]] : قاعده فراش&lt;br /&gt;
*&#039;&#039;&#039;Artificial Procreation: انجاب/تولید مثل&#039;&#039;&#039;&lt;br /&gt;
*Common Religious Consciousness: ارتکاز&lt;br /&gt;
*Declaratory Law: حکم تکلیفی&lt;br /&gt;
*Unrelated individual person/ Non-mahram: نامحرم&lt;br /&gt;
*scenario: فرض (فقهی)&lt;br /&gt;
*prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود&lt;br /&gt;
*Coitus: نزدیکی جنسی &lt;br /&gt;
*IVF: لقاح خارج از رحم&lt;br /&gt;
*The Principle of Precaution: اصالة الاحتیاط&lt;br /&gt;
*Recipient (Gestational mother): صاحب رحم&lt;br /&gt;
*Transplantation: پیوند (اعضای بدن)&lt;br /&gt;
*Rational purpose: غرض عقلایی&lt;br /&gt;
*Undue hardship: حرج&lt;br /&gt;
*Consummated marriage: زنی که با او نزدیکی شده&lt;br /&gt;
*Marital prohibitions (&#039;&#039;Mahramiyah&#039;&#039;): حرمت نکاح&lt;br /&gt;
*Ensoulment (&#039;&#039;Nafkh al-Rūḥ&#039;&#039;): ولوج روح&lt;br /&gt;
*Quranic Deduction: استنباط از قرآن&lt;br /&gt;
*Provenance: صدور&lt;br /&gt;
*Semantical: دلالت&lt;br /&gt;
*Conventional language: زبان عرفی&lt;br /&gt;
*The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت&lt;br /&gt;
*Evolutionary nature of knowledge: تکمیل معرفت بشری&lt;br /&gt;
*Intellect: عقل در اصطلاح فقهی&lt;br /&gt;
*scholar: روحانی، آخوند&lt;br /&gt;
*Biographical Evaluation: رجال&lt;br /&gt;
*Guardianship of the Jurist: ولایت فقیه&lt;br /&gt;
*Inerrancy: عصمت&lt;br /&gt;
*The Infallibles: معصومین&lt;br /&gt;
*Apprehended Significance: دلالت تصوری&lt;br /&gt;
*Preferability: ارجحیت&lt;br /&gt;
*Variable Rulings: احکام متغیر&lt;br /&gt;
*Superseded or rendered void: حکمی که دیگر کارکرد ندارد&lt;br /&gt;
*Traditionalist Jurisprudence: فقه سنتی&lt;br /&gt;
*Teleological: غایت گرا&lt;br /&gt;
*State-centric Jurisprudence: فقه حکومتی&lt;br /&gt;
*Legal Derivation: استنباط احکام&lt;br /&gt;
*Laypeople: مقلد&lt;br /&gt;
*Solitary Tradition: خبر واحد&lt;br /&gt;
*Forbidden Medicaments: درمان با محرمات&lt;br /&gt;
*Jurisprudential Inquiries: استفتائات&lt;br /&gt;
*Medical Screening: غربالگری&lt;br /&gt;
*Civil Liability: ضمان قهری&lt;br /&gt;
*State of Necessity: قاعده الضرورات تبیح المحظورات&lt;br /&gt;
*Inebriants: مسکرات&lt;br /&gt;
*Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه&lt;br /&gt;
*The Public Treasury: بیت المال&lt;br /&gt;
*Violation of Professional Oaths: نقض قسم&lt;br /&gt;
*Illicit Enrichment: اکل مال به باطل&lt;br /&gt;
*Rule of Liability: قاعده ضمان&lt;br /&gt;
*Direct Skin-to-Skin Contact: لمس بدون واسطه&lt;br /&gt;
*Legal Incompetents: فرد محجور&lt;br /&gt;
*Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی&lt;br /&gt;
*Emergent Jurisprudential Issues: مسائل مستحدثه&lt;br /&gt;
*The Practice of the Religious Community: سیره متشرعه&lt;br /&gt;
*Linguistic Principles: اصول لفظیه&lt;br /&gt;
*Practical Principles: اصول عملیه&lt;br /&gt;
*Juridical Consensus:  اجماع فقهی&lt;br /&gt;
*General Evidences: قواعد عام فقهی&lt;br /&gt;
*Legal Presumption: اصل (در مقام شک)&lt;br /&gt;
*Gender Intermixing: اختلاط زن و مرد&lt;br /&gt;
*Inherent Dignity: کرامت انسانی&lt;br /&gt;
*Financial Maintenance: نفقه&lt;br /&gt;
*The Conduct of the Rational: سیره عقلاء&lt;br /&gt;
*Divine Revelation: وحی&lt;br /&gt;
*The Major Occultation: عصر غیبت&lt;br /&gt;
*The Scripture and Tradition: کتاب و سنت&lt;br /&gt;
*Tacit Approval: تقریر&lt;br /&gt;
*Non-Textual Proofs: ادله لبیه&lt;br /&gt;
*The Normative Consciousness of the Devout: ارتکاز متشرعه&lt;br /&gt;
*Evidence-Based Consensus: اجماع مدرکی&lt;br /&gt;
*Masculinity: شرط ذکورت&lt;br /&gt;
*The Preliminary to a Prohibited Act: مقدمه حرام&lt;br /&gt;
*The Minimum Certainty: قدر متیقن&lt;br /&gt;
*A Fortiori Argument: قیاس اولویت&lt;br /&gt;
*Indefinite Noun: نکره در سیاق اثبات&lt;br /&gt;
&lt;br /&gt;
== الگوهای دانشنامه ==&lt;br /&gt;
* This category is created for articles related to [Name of the Person].&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2753</id>
		<title>User:Sarfipour</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2753"/>
		<updated>2026-05-12T14:41:20Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* اصطلاحات */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;== اعلام ==&lt;br /&gt;
=== نام های خاص عربی ===&lt;br /&gt;
&lt;br /&gt;
* [[Abd al-Rahman al-Jaziri]]&lt;br /&gt;
&lt;br /&gt;
=== نام کتاب ===&lt;br /&gt;
&lt;br /&gt;
* [[Misbah al-Fiqahah]]&lt;br /&gt;
* Salsabil fi Usul al-Tajzi&#039;ah wa al-I&#039;rab&lt;br /&gt;
&lt;br /&gt;
===نام‌ها===&lt;br /&gt;
* Mousa: موسی&lt;br /&gt;
* Mohammad Ishaq : محمداسحاق&lt;br /&gt;
* Abolqassem: ابوالقاسم&lt;br /&gt;
* Mohammad Sadeq: محمدصادق&lt;br /&gt;
* Taqi: تقی&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Javad: جواد&lt;br /&gt;
* Mohammad Javad: محمدجواد&lt;br /&gt;
* Lotfollah: لطف الله&lt;br /&gt;
* Ahmad: احمد&lt;br /&gt;
* Mohammad Baqer: محمدباقر&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Ja&#039;far: جعفر&lt;br /&gt;
* Fazlollah: فضل الله&lt;br /&gt;
* Abdolkarim: عبدالکریم&lt;br /&gt;
===نام‌های خانوادگی===&lt;br /&gt;
* Fayyaz: فیاض&lt;br /&gt;
* Musavi: موسوی&lt;br /&gt;
* Khoei: خوئی&lt;br /&gt;
* Rohani: روحانی&lt;br /&gt;
* Mohaqqeq: محقق&lt;br /&gt;
* Karaki: کرکی&lt;br /&gt;
* Tabatabaei: طباطبائی&lt;br /&gt;
* Qomi: قمی&lt;br /&gt;
* Tabrizi: تبریزی&lt;br /&gt;
* Shubairi: شبیری&lt;br /&gt;
* Zanjani: زنجانی&lt;br /&gt;
* Fazel: فاضل&lt;br /&gt;
* Lankarani: لنکرانی&lt;br /&gt;
* Safi: صافی&lt;br /&gt;
* Golpaygani: گلپایگانی&lt;br /&gt;
* Alidoost: علیدوست&lt;br /&gt;
* Mulla: ملا&lt;br /&gt;
* Naraqi: نراقی&lt;br /&gt;
* Majlesi: مجلسی&lt;br /&gt;
* Gilani: گیلانی&lt;br /&gt;
* Kashfi: کشفی&lt;br /&gt;
* Nouri: نوری&lt;br /&gt;
* Haeri: حائری&lt;br /&gt;
* Yazdi: یزدی&lt;br /&gt;
* Haghighat: حقیقت&lt;br /&gt;
&lt;br /&gt;
== اصطلاحات ==&lt;br /&gt;
* [[disliked (makruh)]]&lt;br /&gt;
* no necessary connection  : ملازمه منجزی&lt;br /&gt;
* sayyid&lt;br /&gt;
* contemporary scholars of Usul al-fiqh : فقهای اصولی&lt;br /&gt;
* [[Maliki school]]&lt;br /&gt;
* [[Shafi&#039;i school]]&lt;br /&gt;
* Advanced Jurisprudence (Kharij) : خارج فقه&lt;br /&gt;
* the principle of interdependence: قاعده ملازمه&lt;br /&gt;
* principle of interdependence at the macro level : قاعده ملازمه کبروی&lt;br /&gt;
*Rational proof of innocence: برائت عقلی&lt;br /&gt;
*Rational precaution: احتیاط عقلی&lt;br /&gt;
*the repugnance of punishment without warning (qubh al-&#039;iqab bila bayan)&lt;br /&gt;
*the right of obedience (haqq al-ta&#039;ah)&lt;br /&gt;
*[[age of occultation (ghaybah)]]&lt;br /&gt;
*fundamental boundaries: خطوط قرمز در اصطلاح فقهی&lt;br /&gt;
*Istislah (public interest)&lt;br /&gt;
*abominations and evil deeds: فحشاء و منکر&lt;br /&gt;
*disengagement: عدم تعهد&lt;br /&gt;
*unreliable conjecture (zann): ظن غیر معتبر&lt;br /&gt;
*Istihsan (juristic preference): استحسان&lt;br /&gt;
*pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف&lt;br /&gt;
*enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Guardianship (Wilayah)&lt;br /&gt;
*non-litigious matters (al-omour al-hesbiah)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Ijtihad: اجتهاد&lt;br /&gt;
*[[rule of the bed (qā&#039;idat al-firāsh)]] : قاعده فراش&lt;br /&gt;
*&#039;&#039;&#039;Artificial Procreation: انجاب/تولید مثل&#039;&#039;&#039;&lt;br /&gt;
*Common Religious Consciousness: ارتکاز&lt;br /&gt;
*Declaratory Law: حکم تکلیفی&lt;br /&gt;
*Unrelated individual person/ Non-mahram: نامحرم&lt;br /&gt;
*scenario: فرض (فقهی)&lt;br /&gt;
*prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود&lt;br /&gt;
*Coitus: نزدیکی جنسی &lt;br /&gt;
*IVF: لقاح خارج از رحم&lt;br /&gt;
*The Principle of Precaution: اصالة الاحتیاط&lt;br /&gt;
*Recipient (Gestational mother): صاحب رحم&lt;br /&gt;
*Transplantation: پیوند (اعضای بدن)&lt;br /&gt;
*Rational purpose: غرض عقلایی&lt;br /&gt;
*Undue hardship: حرج&lt;br /&gt;
*Consummated marriage: زنی که با او نزدیکی شده&lt;br /&gt;
*Marital prohibitions (&#039;&#039;Mahramiyah&#039;&#039;): حرمت نکاح&lt;br /&gt;
*Ensoulment (&#039;&#039;Nafkh al-Rūḥ&#039;&#039;): ولوج روح&lt;br /&gt;
*Quranic Deduction: استنباط از قرآن&lt;br /&gt;
*Provenance: صدور&lt;br /&gt;
*Semantical: دلالت&lt;br /&gt;
*Conventional language: زبان عرفی&lt;br /&gt;
*The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت&lt;br /&gt;
*Evolutionary nature of knowledge: تکمیل معرفت بشری&lt;br /&gt;
*Intellect: عقل در اصطلاح فقهی&lt;br /&gt;
*scholar: روحانی، آخوند&lt;br /&gt;
*Biographical Evaluation: رجال&lt;br /&gt;
*Guardianship of the Jurist: ولایت فقیه&lt;br /&gt;
*Inerrancy: عصمت&lt;br /&gt;
*The Infallibles: معصومین&lt;br /&gt;
*Apprehended Significance: دلالت تصوری&lt;br /&gt;
*Preferability: ارجحیت&lt;br /&gt;
*Variable Rulings: احکام متغیر&lt;br /&gt;
*Superseded or rendered void: حکمی که دیگر کارکرد ندارد&lt;br /&gt;
*Traditionalist Jurisprudence: فقه سنتی&lt;br /&gt;
*Teleological: غایت گرا&lt;br /&gt;
*State-centric Jurisprudence: فقه حکومتی&lt;br /&gt;
*Legal Derivation: استنباط احکام&lt;br /&gt;
*Laypeople: مقلد&lt;br /&gt;
*Solitary Tradition: خبر واحد&lt;br /&gt;
*Forbidden Medicaments: درمان با محرمات&lt;br /&gt;
*Jurisprudential Inquiries: استفتائات&lt;br /&gt;
*Medical Screening: غربالگری&lt;br /&gt;
*Civil Liability: ضمان قهری&lt;br /&gt;
*State of Necessity: قاعده الضرورات تبیح المحظورات&lt;br /&gt;
*Inebriants: مسکرات&lt;br /&gt;
*Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه&lt;br /&gt;
*The Public Treasury: بیت المال&lt;br /&gt;
*Violation of Professional Oaths: نقض قسم&lt;br /&gt;
*Illicit Enrichment: اکل مال به باطل&lt;br /&gt;
*Rule of Liability: قاعده ضمان&lt;br /&gt;
*Direct Skin-to-Skin Contact: لمس بدون واسطه&lt;br /&gt;
*Legal Incompetents: فرد محجور&lt;br /&gt;
*Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی&lt;br /&gt;
*Emergent Jurisprudential Issues: مسائل مستحدثه&lt;br /&gt;
*The Practice of the Religious Community: سیره متشرعه&lt;br /&gt;
*Linguistic Principles: اصول لفظیه&lt;br /&gt;
*Practical Principles: اصول عملیه&lt;br /&gt;
*Juridical Consensus:  اجماع فقهی&lt;br /&gt;
*General Evidences: قواعد عام فقهی&lt;br /&gt;
*Legal Presumption: اصل (در مقام شک)&lt;br /&gt;
*Gender Intermixing: اختلاط زن و مرد&lt;br /&gt;
*Inherent Dignity: کرامت انسانی&lt;br /&gt;
*Financial Maintenance: نفقه&lt;br /&gt;
*The Conduct of the Rational: سیره عقلاء&lt;br /&gt;
*Divine Revelation: وحی&lt;br /&gt;
*The Major Occultation: عصر غیبت&lt;br /&gt;
*The Scripture and Tradition: کتاب و سنت&lt;br /&gt;
*Tacit Approval: تقریر&lt;br /&gt;
*Non-Textual Proofs: ادله لبیه&lt;br /&gt;
*The Normative Consciousness of the Devout: ارتکاز متشرعه&lt;br /&gt;
*Evidence-Based Consensus: اجماع مدرکی&lt;br /&gt;
*Masculinity: شرط ذکورت&lt;br /&gt;
*The Preliminary to a Prohibited Act: مقدمه حرام&lt;br /&gt;
*The Minimum Certainty: قدر متیقن&lt;br /&gt;
*A Fortiori Argument: قیاس اولویت&lt;br /&gt;
&lt;br /&gt;
== الگوهای دانشنامه ==&lt;br /&gt;
* This category is created for articles related to [Name of the Person].&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2752</id>
		<title>User:Sarfipour</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2752"/>
		<updated>2026-05-12T14:13:42Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* اصطلاحات */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;== اعلام ==&lt;br /&gt;
=== نام های خاص عربی ===&lt;br /&gt;
&lt;br /&gt;
* [[Abd al-Rahman al-Jaziri]]&lt;br /&gt;
&lt;br /&gt;
=== نام کتاب ===&lt;br /&gt;
&lt;br /&gt;
* [[Misbah al-Fiqahah]]&lt;br /&gt;
* Salsabil fi Usul al-Tajzi&#039;ah wa al-I&#039;rab&lt;br /&gt;
&lt;br /&gt;
===نام‌ها===&lt;br /&gt;
* Mousa: موسی&lt;br /&gt;
* Mohammad Ishaq : محمداسحاق&lt;br /&gt;
* Abolqassem: ابوالقاسم&lt;br /&gt;
* Mohammad Sadeq: محمدصادق&lt;br /&gt;
* Taqi: تقی&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Javad: جواد&lt;br /&gt;
* Mohammad Javad: محمدجواد&lt;br /&gt;
* Lotfollah: لطف الله&lt;br /&gt;
* Ahmad: احمد&lt;br /&gt;
* Mohammad Baqer: محمدباقر&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Ja&#039;far: جعفر&lt;br /&gt;
* Fazlollah: فضل الله&lt;br /&gt;
* Abdolkarim: عبدالکریم&lt;br /&gt;
===نام‌های خانوادگی===&lt;br /&gt;
* Fayyaz: فیاض&lt;br /&gt;
* Musavi: موسوی&lt;br /&gt;
* Khoei: خوئی&lt;br /&gt;
* Rohani: روحانی&lt;br /&gt;
* Mohaqqeq: محقق&lt;br /&gt;
* Karaki: کرکی&lt;br /&gt;
* Tabatabaei: طباطبائی&lt;br /&gt;
* Qomi: قمی&lt;br /&gt;
* Tabrizi: تبریزی&lt;br /&gt;
* Shubairi: شبیری&lt;br /&gt;
* Zanjani: زنجانی&lt;br /&gt;
* Fazel: فاضل&lt;br /&gt;
* Lankarani: لنکرانی&lt;br /&gt;
* Safi: صافی&lt;br /&gt;
* Golpaygani: گلپایگانی&lt;br /&gt;
* Alidoost: علیدوست&lt;br /&gt;
* Mulla: ملا&lt;br /&gt;
* Naraqi: نراقی&lt;br /&gt;
* Majlesi: مجلسی&lt;br /&gt;
* Gilani: گیلانی&lt;br /&gt;
* Kashfi: کشفی&lt;br /&gt;
* Nouri: نوری&lt;br /&gt;
* Haeri: حائری&lt;br /&gt;
* Yazdi: یزدی&lt;br /&gt;
* Haghighat: حقیقت&lt;br /&gt;
&lt;br /&gt;
== اصطلاحات ==&lt;br /&gt;
* [[disliked (makruh)]]&lt;br /&gt;
* no necessary connection  : ملازمه منجزی&lt;br /&gt;
* sayyid&lt;br /&gt;
* contemporary scholars of Usul al-fiqh : فقهای اصولی&lt;br /&gt;
* [[Maliki school]]&lt;br /&gt;
* [[Shafi&#039;i school]]&lt;br /&gt;
* Advanced Jurisprudence (Kharij) : خارج فقه&lt;br /&gt;
* the principle of interdependence: قاعده ملازمه&lt;br /&gt;
* principle of interdependence at the macro level : قاعده ملازمه کبروی&lt;br /&gt;
*Rational proof of innocence: برائت عقلی&lt;br /&gt;
*Rational precaution: احتیاط عقلی&lt;br /&gt;
*the repugnance of punishment without warning (qubh al-&#039;iqab bila bayan)&lt;br /&gt;
*the right of obedience (haqq al-ta&#039;ah)&lt;br /&gt;
*[[age of occultation (ghaybah)]]&lt;br /&gt;
*fundamental boundaries: خطوط قرمز در اصطلاح فقهی&lt;br /&gt;
*Istislah (public interest)&lt;br /&gt;
*abominations and evil deeds: فحشاء و منکر&lt;br /&gt;
*disengagement: عدم تعهد&lt;br /&gt;
*unreliable conjecture (zann): ظن غیر معتبر&lt;br /&gt;
*Istihsan (juristic preference): استحسان&lt;br /&gt;
*pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف&lt;br /&gt;
*enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Guardianship (Wilayah)&lt;br /&gt;
*non-litigious matters (al-omour al-hesbiah)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Ijtihad: اجتهاد&lt;br /&gt;
*[[rule of the bed (qā&#039;idat al-firāsh)]] : قاعده فراش&lt;br /&gt;
*&#039;&#039;&#039;Artificial Procreation: انجاب/تولید مثل&#039;&#039;&#039;&lt;br /&gt;
*Common Religious Consciousness: ارتکاز&lt;br /&gt;
*Declaratory Law: حکم تکلیفی&lt;br /&gt;
*Unrelated individual person/ Non-mahram: نامحرم&lt;br /&gt;
*scenario: فرض (فقهی)&lt;br /&gt;
*prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود&lt;br /&gt;
*Coitus: نزدیکی جنسی &lt;br /&gt;
*IVF: لقاح خارج از رحم&lt;br /&gt;
*The Principle of Precaution: اصالة الاحتیاط&lt;br /&gt;
*Recipient (Gestational mother): صاحب رحم&lt;br /&gt;
*Transplantation: پیوند (اعضای بدن)&lt;br /&gt;
*Rational purpose: غرض عقلایی&lt;br /&gt;
*Undue hardship: حرج&lt;br /&gt;
*Consummated marriage: زنی که با او نزدیکی شده&lt;br /&gt;
*Marital prohibitions (&#039;&#039;Mahramiyah&#039;&#039;): حرمت نکاح&lt;br /&gt;
*Ensoulment (&#039;&#039;Nafkh al-Rūḥ&#039;&#039;): ولوج روح&lt;br /&gt;
*Quranic Deduction: استنباط از قرآن&lt;br /&gt;
*Provenance: صدور&lt;br /&gt;
*Semantical: دلالت&lt;br /&gt;
*Conventional language: زبان عرفی&lt;br /&gt;
*The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت&lt;br /&gt;
*Evolutionary nature of knowledge: تکمیل معرفت بشری&lt;br /&gt;
*Intellect: عقل در اصطلاح فقهی&lt;br /&gt;
*scholar: روحانی، آخوند&lt;br /&gt;
*Biographical Evaluation: رجال&lt;br /&gt;
*Guardianship of the Jurist: ولایت فقیه&lt;br /&gt;
*Inerrancy: عصمت&lt;br /&gt;
*The Infallibles: معصومین&lt;br /&gt;
*Apprehended Significance: دلالت تصوری&lt;br /&gt;
*Preferability: ارجحیت&lt;br /&gt;
*Variable Rulings: احکام متغیر&lt;br /&gt;
*Superseded or rendered void: حکمی که دیگر کارکرد ندارد&lt;br /&gt;
*Traditionalist Jurisprudence: فقه سنتی&lt;br /&gt;
*Teleological: غایت گرا&lt;br /&gt;
*State-centric Jurisprudence: فقه حکومتی&lt;br /&gt;
*Legal Derivation: استنباط احکام&lt;br /&gt;
*Laypeople: مقلد&lt;br /&gt;
*Solitary Tradition: خبر واحد&lt;br /&gt;
*Forbidden Medicaments: درمان با محرمات&lt;br /&gt;
*Jurisprudential Inquiries: استفتائات&lt;br /&gt;
*Medical Screening: غربالگری&lt;br /&gt;
*Civil Liability: ضمان قهری&lt;br /&gt;
*State of Necessity: قاعده الضرورات تبیح المحظورات&lt;br /&gt;
*Inebriants: مسکرات&lt;br /&gt;
*Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه&lt;br /&gt;
*The Public Treasury: بیت المال&lt;br /&gt;
*Violation of Professional Oaths: نقض قسم&lt;br /&gt;
*Illicit Enrichment: اکل مال به باطل&lt;br /&gt;
*Rule of Liability: قاعده ضمان&lt;br /&gt;
*Direct Skin-to-Skin Contact: لمس بدون واسطه&lt;br /&gt;
*Legal Incompetents: فرد محجور&lt;br /&gt;
*Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی&lt;br /&gt;
*Emergent Jurisprudential Issues: مسائل مستحدثه&lt;br /&gt;
*The Practice of the Religious Community: سیره متشرعه&lt;br /&gt;
*Linguistic Principles: اصول لفظیه&lt;br /&gt;
*Practical Principles: اصول عملیه&lt;br /&gt;
*Juridical Consensus:  اجماع فقهی&lt;br /&gt;
*General Evidences: قواعد عام فقهی&lt;br /&gt;
*Legal Presumption: اصل (در مقام شک)&lt;br /&gt;
*Gender Intermixing: اختلاط زن و مرد&lt;br /&gt;
*Inherent Dignity: کرامت انسانی&lt;br /&gt;
*Financial Maintenance: نفقه&lt;br /&gt;
*The Conduct of the Rational: سیره عقلاء&lt;br /&gt;
*Divine Revelation: وحی&lt;br /&gt;
*The Major Occultation: عصر غیبت&lt;br /&gt;
*The Scripture and Tradition: کتاب و سنت&lt;br /&gt;
*Tacit Approval: تقریر&lt;br /&gt;
*Non-Textual Proofs: ادله لبیه&lt;br /&gt;
*The Normative Consciousness of the Devout: ارتکاز متشرعه&lt;br /&gt;
*Evidence-Based Consensus: اجماع مدرکی&lt;br /&gt;
*Masculinity: شرط ذکورت&lt;br /&gt;
*The Preliminary to a Prohibited Act: مقدمه حرام&lt;br /&gt;
*The Minimum Certainty: قدر متیقن&lt;br /&gt;
&lt;br /&gt;
== الگوهای دانشنامه ==&lt;br /&gt;
* This category is created for articles related to [Name of the Person].&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2751</id>
		<title>User:Sarfipour</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2751"/>
		<updated>2026-05-12T10:44:38Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* اصطلاحات */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;== اعلام ==&lt;br /&gt;
=== نام های خاص عربی ===&lt;br /&gt;
&lt;br /&gt;
* [[Abd al-Rahman al-Jaziri]]&lt;br /&gt;
&lt;br /&gt;
=== نام کتاب ===&lt;br /&gt;
&lt;br /&gt;
* [[Misbah al-Fiqahah]]&lt;br /&gt;
* Salsabil fi Usul al-Tajzi&#039;ah wa al-I&#039;rab&lt;br /&gt;
&lt;br /&gt;
===نام‌ها===&lt;br /&gt;
* Mousa: موسی&lt;br /&gt;
* Mohammad Ishaq : محمداسحاق&lt;br /&gt;
* Abolqassem: ابوالقاسم&lt;br /&gt;
* Mohammad Sadeq: محمدصادق&lt;br /&gt;
* Taqi: تقی&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Javad: جواد&lt;br /&gt;
* Mohammad Javad: محمدجواد&lt;br /&gt;
* Lotfollah: لطف الله&lt;br /&gt;
* Ahmad: احمد&lt;br /&gt;
* Mohammad Baqer: محمدباقر&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Ja&#039;far: جعفر&lt;br /&gt;
* Fazlollah: فضل الله&lt;br /&gt;
* Abdolkarim: عبدالکریم&lt;br /&gt;
===نام‌های خانوادگی===&lt;br /&gt;
* Fayyaz: فیاض&lt;br /&gt;
* Musavi: موسوی&lt;br /&gt;
* Khoei: خوئی&lt;br /&gt;
* Rohani: روحانی&lt;br /&gt;
* Mohaqqeq: محقق&lt;br /&gt;
* Karaki: کرکی&lt;br /&gt;
* Tabatabaei: طباطبائی&lt;br /&gt;
* Qomi: قمی&lt;br /&gt;
* Tabrizi: تبریزی&lt;br /&gt;
* Shubairi: شبیری&lt;br /&gt;
* Zanjani: زنجانی&lt;br /&gt;
* Fazel: فاضل&lt;br /&gt;
* Lankarani: لنکرانی&lt;br /&gt;
* Safi: صافی&lt;br /&gt;
* Golpaygani: گلپایگانی&lt;br /&gt;
* Alidoost: علیدوست&lt;br /&gt;
* Mulla: ملا&lt;br /&gt;
* Naraqi: نراقی&lt;br /&gt;
* Majlesi: مجلسی&lt;br /&gt;
* Gilani: گیلانی&lt;br /&gt;
* Kashfi: کشفی&lt;br /&gt;
* Nouri: نوری&lt;br /&gt;
* Haeri: حائری&lt;br /&gt;
* Yazdi: یزدی&lt;br /&gt;
* Haghighat: حقیقت&lt;br /&gt;
&lt;br /&gt;
== اصطلاحات ==&lt;br /&gt;
* [[disliked (makruh)]]&lt;br /&gt;
* no necessary connection  : ملازمه منجزی&lt;br /&gt;
* sayyid&lt;br /&gt;
* contemporary scholars of Usul al-fiqh : فقهای اصولی&lt;br /&gt;
* [[Maliki school]]&lt;br /&gt;
* [[Shafi&#039;i school]]&lt;br /&gt;
* Advanced Jurisprudence (Kharij) : خارج فقه&lt;br /&gt;
* the principle of interdependence: قاعده ملازمه&lt;br /&gt;
* principle of interdependence at the macro level : قاعده ملازمه کبروی&lt;br /&gt;
*Rational proof of innocence: برائت عقلی&lt;br /&gt;
*Rational precaution: احتیاط عقلی&lt;br /&gt;
*the repugnance of punishment without warning (qubh al-&#039;iqab bila bayan)&lt;br /&gt;
*the right of obedience (haqq al-ta&#039;ah)&lt;br /&gt;
*[[age of occultation (ghaybah)]]&lt;br /&gt;
*fundamental boundaries: خطوط قرمز در اصطلاح فقهی&lt;br /&gt;
*Istislah (public interest)&lt;br /&gt;
*abominations and evil deeds: فحشاء و منکر&lt;br /&gt;
*disengagement: عدم تعهد&lt;br /&gt;
*unreliable conjecture (zann): ظن غیر معتبر&lt;br /&gt;
*Istihsan (juristic preference): استحسان&lt;br /&gt;
*pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف&lt;br /&gt;
*enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Guardianship (Wilayah)&lt;br /&gt;
*non-litigious matters (al-omour al-hesbiah)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Ijtihad: اجتهاد&lt;br /&gt;
*[[rule of the bed (qā&#039;idat al-firāsh)]] : قاعده فراش&lt;br /&gt;
*&#039;&#039;&#039;Artificial Procreation: انجاب/تولید مثل&#039;&#039;&#039;&lt;br /&gt;
*Common Religious Consciousness: ارتکاز&lt;br /&gt;
*Declaratory Law: حکم تکلیفی&lt;br /&gt;
*Unrelated individual person/ Non-mahram: نامحرم&lt;br /&gt;
*scenario: فرض (فقهی)&lt;br /&gt;
*prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود&lt;br /&gt;
*Coitus: نزدیکی جنسی &lt;br /&gt;
*IVF: لقاح خارج از رحم&lt;br /&gt;
*The Principle of Precaution: اصالة الاحتیاط&lt;br /&gt;
*Recipient (Gestational mother): صاحب رحم&lt;br /&gt;
*Transplantation: پیوند (اعضای بدن)&lt;br /&gt;
*Rational purpose: غرض عقلایی&lt;br /&gt;
*Undue hardship: حرج&lt;br /&gt;
*Consummated marriage: زنی که با او نزدیکی شده&lt;br /&gt;
*Marital prohibitions (&#039;&#039;Mahramiyah&#039;&#039;): حرمت نکاح&lt;br /&gt;
*Ensoulment (&#039;&#039;Nafkh al-Rūḥ&#039;&#039;): ولوج روح&lt;br /&gt;
*Quranic Deduction: استنباط از قرآن&lt;br /&gt;
*Provenance: صدور&lt;br /&gt;
*Semantical: دلالت&lt;br /&gt;
*Conventional language: زبان عرفی&lt;br /&gt;
*The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت&lt;br /&gt;
*Evolutionary nature of knowledge: تکمیل معرفت بشری&lt;br /&gt;
*Intellect: عقل در اصطلاح فقهی&lt;br /&gt;
*scholar: روحانی، آخوند&lt;br /&gt;
*Biographical Evaluation: رجال&lt;br /&gt;
*Guardianship of the Jurist: ولایت فقیه&lt;br /&gt;
*Inerrancy: عصمت&lt;br /&gt;
*The Infallibles: معصومین&lt;br /&gt;
*Apprehended Significance: دلالت تصوری&lt;br /&gt;
*Preferability: ارجحیت&lt;br /&gt;
*Variable Rulings: احکام متغیر&lt;br /&gt;
*Superseded or rendered void: حکمی که دیگر کارکرد ندارد&lt;br /&gt;
*Traditionalist Jurisprudence: فقه سنتی&lt;br /&gt;
*Teleological: غایت گرا&lt;br /&gt;
*State-centric Jurisprudence: فقه حکومتی&lt;br /&gt;
*Legal Derivation: استنباط احکام&lt;br /&gt;
*Laypeople: مقلد&lt;br /&gt;
*Solitary Tradition: خبر واحد&lt;br /&gt;
*Forbidden Medicaments: درمان با محرمات&lt;br /&gt;
*Jurisprudential Inquiries: استفتائات&lt;br /&gt;
*Medical Screening: غربالگری&lt;br /&gt;
*Civil Liability: ضمان قهری&lt;br /&gt;
*State of Necessity: قاعده الضرورات تبیح المحظورات&lt;br /&gt;
*Inebriants: مسکرات&lt;br /&gt;
*Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه&lt;br /&gt;
*The Public Treasury: بیت المال&lt;br /&gt;
*Violation of Professional Oaths: نقض قسم&lt;br /&gt;
*Illicit Enrichment: اکل مال به باطل&lt;br /&gt;
*Rule of Liability: قاعده ضمان&lt;br /&gt;
*Direct Skin-to-Skin Contact: لمس بدون واسطه&lt;br /&gt;
*Legal Incompetents: فرد محجور&lt;br /&gt;
*Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی&lt;br /&gt;
*Emergent Jurisprudential Issues: مسائل مستحدثه&lt;br /&gt;
*The Practice of the Religious Community: سیره متشرعه&lt;br /&gt;
*Linguistic Principles: اصول لفظیه&lt;br /&gt;
*Practical Principles: اصول عملیه&lt;br /&gt;
*Juridical Consensus:  اجماع فقهی&lt;br /&gt;
*General Evidences: قواعد عام فقهی&lt;br /&gt;
*Legal Presumption: اصل (در مقام شک)&lt;br /&gt;
*Gender Intermixing: اختلاط زن و مرد&lt;br /&gt;
*Inherent Dignity: کرامت انسانی&lt;br /&gt;
*Financial Maintenance: نفقه&lt;br /&gt;
*The Conduct of the Rational: سیره عقلاء&lt;br /&gt;
*Divine Revelation: وحی&lt;br /&gt;
*The Major Occultation: عصر غیبت&lt;br /&gt;
*The Scripture and Tradition: کتاب و سنت&lt;br /&gt;
*Tacit Approval: تقریر&lt;br /&gt;
*Non-Textual Proofs: ادله لبیه&lt;br /&gt;
*The Normative Consciousness of the Devout: ارتکاز متشرعه&lt;br /&gt;
*Evidence-Based Consensus: اجماع مدرکی&lt;br /&gt;
*Masculinity: شرط ذکورت&lt;br /&gt;
*The Preliminary to a Prohibited Act: مقدمه حرام&lt;br /&gt;
&lt;br /&gt;
== الگوهای دانشنامه ==&lt;br /&gt;
* This category is created for articles related to [Name of the Person].&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2750</id>
		<title>User:Sarfipour</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2750"/>
		<updated>2026-05-12T10:42:39Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* اصطلاحات */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;== اعلام ==&lt;br /&gt;
=== نام های خاص عربی ===&lt;br /&gt;
&lt;br /&gt;
* [[Abd al-Rahman al-Jaziri]]&lt;br /&gt;
&lt;br /&gt;
=== نام کتاب ===&lt;br /&gt;
&lt;br /&gt;
* [[Misbah al-Fiqahah]]&lt;br /&gt;
* Salsabil fi Usul al-Tajzi&#039;ah wa al-I&#039;rab&lt;br /&gt;
&lt;br /&gt;
===نام‌ها===&lt;br /&gt;
* Mousa: موسی&lt;br /&gt;
* Mohammad Ishaq : محمداسحاق&lt;br /&gt;
* Abolqassem: ابوالقاسم&lt;br /&gt;
* Mohammad Sadeq: محمدصادق&lt;br /&gt;
* Taqi: تقی&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Javad: جواد&lt;br /&gt;
* Mohammad Javad: محمدجواد&lt;br /&gt;
* Lotfollah: لطف الله&lt;br /&gt;
* Ahmad: احمد&lt;br /&gt;
* Mohammad Baqer: محمدباقر&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Ja&#039;far: جعفر&lt;br /&gt;
* Fazlollah: فضل الله&lt;br /&gt;
* Abdolkarim: عبدالکریم&lt;br /&gt;
===نام‌های خانوادگی===&lt;br /&gt;
* Fayyaz: فیاض&lt;br /&gt;
* Musavi: موسوی&lt;br /&gt;
* Khoei: خوئی&lt;br /&gt;
* Rohani: روحانی&lt;br /&gt;
* Mohaqqeq: محقق&lt;br /&gt;
* Karaki: کرکی&lt;br /&gt;
* Tabatabaei: طباطبائی&lt;br /&gt;
* Qomi: قمی&lt;br /&gt;
* Tabrizi: تبریزی&lt;br /&gt;
* Shubairi: شبیری&lt;br /&gt;
* Zanjani: زنجانی&lt;br /&gt;
* Fazel: فاضل&lt;br /&gt;
* Lankarani: لنکرانی&lt;br /&gt;
* Safi: صافی&lt;br /&gt;
* Golpaygani: گلپایگانی&lt;br /&gt;
* Alidoost: علیدوست&lt;br /&gt;
* Mulla: ملا&lt;br /&gt;
* Naraqi: نراقی&lt;br /&gt;
* Majlesi: مجلسی&lt;br /&gt;
* Gilani: گیلانی&lt;br /&gt;
* Kashfi: کشفی&lt;br /&gt;
* Nouri: نوری&lt;br /&gt;
* Haeri: حائری&lt;br /&gt;
* Yazdi: یزدی&lt;br /&gt;
* Haghighat: حقیقت&lt;br /&gt;
&lt;br /&gt;
== اصطلاحات ==&lt;br /&gt;
* [[disliked (makruh)]]&lt;br /&gt;
* no necessary connection  : ملازمه منجزی&lt;br /&gt;
* sayyid&lt;br /&gt;
* contemporary scholars of Usul al-fiqh : فقهای اصولی&lt;br /&gt;
* [[Maliki school]]&lt;br /&gt;
* [[Shafi&#039;i school]]&lt;br /&gt;
* Advanced Jurisprudence (Kharij) : خارج فقه&lt;br /&gt;
* the principle of interdependence: قاعده ملازمه&lt;br /&gt;
* principle of interdependence at the macro level : قاعده ملازمه کبروی&lt;br /&gt;
*Rational proof of innocence: برائت عقلی&lt;br /&gt;
*Rational precaution: احتیاط عقلی&lt;br /&gt;
*the repugnance of punishment without warning (qubh al-&#039;iqab bila bayan)&lt;br /&gt;
*the right of obedience (haqq al-ta&#039;ah)&lt;br /&gt;
*[[age of occultation (ghaybah)]]&lt;br /&gt;
*fundamental boundaries: خطوط قرمز در اصطلاح فقهی&lt;br /&gt;
*Istislah (public interest)&lt;br /&gt;
*abominations and evil deeds: فحشاء و منکر&lt;br /&gt;
*disengagement: عدم تعهد&lt;br /&gt;
*unreliable conjecture (zann): ظن غیر معتبر&lt;br /&gt;
*Istihsan (juristic preference): استحسان&lt;br /&gt;
*pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف&lt;br /&gt;
*enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Guardianship (Wilayah)&lt;br /&gt;
*non-litigious matters (al-omour al-hesbiah)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Ijtihad: اجتهاد&lt;br /&gt;
*[[rule of the bed (qā&#039;idat al-firāsh)]] : قاعده فراش&lt;br /&gt;
*&#039;&#039;&#039;Artificial Procreation: انجاب/تولید مثل&#039;&#039;&#039;&lt;br /&gt;
*Common Religious Consciousness: ارتکاز&lt;br /&gt;
*Declaratory Law: حکم تکلیفی&lt;br /&gt;
*Unrelated individual person/ Non-mahram: نامحرم&lt;br /&gt;
*scenario: فرض (فقهی)&lt;br /&gt;
*prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود&lt;br /&gt;
*Coitus: نزدیکی جنسی &lt;br /&gt;
*IVF: لقاح خارج از رحم&lt;br /&gt;
*The Principle of Precaution: اصالة الاحتیاط&lt;br /&gt;
*Recipient (Gestational mother): صاحب رحم&lt;br /&gt;
*Transplantation: پیوند (اعضای بدن)&lt;br /&gt;
*Rational purpose: غرض عقلایی&lt;br /&gt;
*Undue hardship: حرج&lt;br /&gt;
*Consummated marriage: زنی که با او نزدیکی شده&lt;br /&gt;
*Marital prohibitions (&#039;&#039;Mahramiyah&#039;&#039;): حرمت نکاح&lt;br /&gt;
*Ensoulment (&#039;&#039;Nafkh al-Rūḥ&#039;&#039;): ولوج روح&lt;br /&gt;
*Quranic Deduction: استنباط از قرآن&lt;br /&gt;
*Provenance: صدور&lt;br /&gt;
*Semantical: دلالت&lt;br /&gt;
*Conventional language: زبان عرفی&lt;br /&gt;
*The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت&lt;br /&gt;
*Evolutionary nature of knowledge: تکمیل معرفت بشری&lt;br /&gt;
*Intellect: عقل در اصطلاح فقهی&lt;br /&gt;
*scholar: روحانی، آخوند&lt;br /&gt;
*Biographical Evaluation: رجال&lt;br /&gt;
*Guardianship of the Jurist: ولایت فقیه&lt;br /&gt;
*Inerrancy: عصمت&lt;br /&gt;
*The Infallibles: معصومین&lt;br /&gt;
*Apprehended Significance: دلالت تصوری&lt;br /&gt;
*Preferability: ارجحیت&lt;br /&gt;
*Variable Rulings: احکام متغیر&lt;br /&gt;
*Superseded or rendered void: حکمی که دیگر کارکرد ندارد&lt;br /&gt;
*Traditionalist Jurisprudence: فقه سنتی&lt;br /&gt;
*Teleological: غایت گرا&lt;br /&gt;
*State-centric Jurisprudence: فقه حکومتی&lt;br /&gt;
*Legal Derivation: استنباط احکام&lt;br /&gt;
*Laypeople: مقلد&lt;br /&gt;
*Solitary Tradition: خبر واحد&lt;br /&gt;
*Forbidden Medicaments: درمان با محرمات&lt;br /&gt;
*Jurisprudential Inquiries: استفتائات&lt;br /&gt;
*Medical Screening: غربالگری&lt;br /&gt;
*Civil Liability: ضمان قهری&lt;br /&gt;
*State of Necessity: قاعده الضرورات تبیح المحظورات&lt;br /&gt;
*Inebriants: مسکرات&lt;br /&gt;
*Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه&lt;br /&gt;
*The Public Treasury: بیت المال&lt;br /&gt;
*Violation of Professional Oaths: نقض قسم&lt;br /&gt;
*Illicit Enrichment: اکل مال به باطل&lt;br /&gt;
*Rule of Liability: قاعده ضمان&lt;br /&gt;
*Direct Skin-to-Skin Contact: لمس بدون واسطه&lt;br /&gt;
*Legal Incompetents: فرد محجور&lt;br /&gt;
*Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی&lt;br /&gt;
*Emergent Jurisprudential Issues: مسائل مستحدثه&lt;br /&gt;
*The Practice of the Religious Community: سیره متشرعه&lt;br /&gt;
*Linguistic Principles: اصول لفظیه&lt;br /&gt;
*Practical Principles: اصول عملیه&lt;br /&gt;
*Juridical Consensus:  اجماع فقهی&lt;br /&gt;
*General Evidences: قواعد عام فقهی&lt;br /&gt;
*Legal Presumption: اصل (در مقام شک)&lt;br /&gt;
*Gender Intermixing: اختلاط زن و مرد&lt;br /&gt;
*Inherent Dignity: کرامت انسانی&lt;br /&gt;
*Financial Maintenance: نفقه&lt;br /&gt;
*The Conduct of the Rational: سیره عقلاء&lt;br /&gt;
*Divine Revelation: وحی&lt;br /&gt;
*The Major Occultation: عصر غیبت&lt;br /&gt;
*The Scripture and Tradition: کتاب و سنت&lt;br /&gt;
*Tacit Approval: تقریر&lt;br /&gt;
*Non-Textual Proofs: ادله لبیه&lt;br /&gt;
*The Normative Consciousness of the Devout: ارتکاز متشرعه&lt;br /&gt;
*Evidence-Based Consensus: اجماع مدرکی&lt;br /&gt;
*Masculinity: شرط ذکورت&lt;br /&gt;
&lt;br /&gt;
== الگوهای دانشنامه ==&lt;br /&gt;
* This category is created for articles related to [Name of the Person].&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2749</id>
		<title>User:Sarfipour</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2749"/>
		<updated>2026-05-12T09:55:13Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* اصطلاحات */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;== اعلام ==&lt;br /&gt;
=== نام های خاص عربی ===&lt;br /&gt;
&lt;br /&gt;
* [[Abd al-Rahman al-Jaziri]]&lt;br /&gt;
&lt;br /&gt;
=== نام کتاب ===&lt;br /&gt;
&lt;br /&gt;
* [[Misbah al-Fiqahah]]&lt;br /&gt;
* Salsabil fi Usul al-Tajzi&#039;ah wa al-I&#039;rab&lt;br /&gt;
&lt;br /&gt;
===نام‌ها===&lt;br /&gt;
* Mousa: موسی&lt;br /&gt;
* Mohammad Ishaq : محمداسحاق&lt;br /&gt;
* Abolqassem: ابوالقاسم&lt;br /&gt;
* Mohammad Sadeq: محمدصادق&lt;br /&gt;
* Taqi: تقی&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Javad: جواد&lt;br /&gt;
* Mohammad Javad: محمدجواد&lt;br /&gt;
* Lotfollah: لطف الله&lt;br /&gt;
* Ahmad: احمد&lt;br /&gt;
* Mohammad Baqer: محمدباقر&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Ja&#039;far: جعفر&lt;br /&gt;
* Fazlollah: فضل الله&lt;br /&gt;
* Abdolkarim: عبدالکریم&lt;br /&gt;
===نام‌های خانوادگی===&lt;br /&gt;
* Fayyaz: فیاض&lt;br /&gt;
* Musavi: موسوی&lt;br /&gt;
* Khoei: خوئی&lt;br /&gt;
* Rohani: روحانی&lt;br /&gt;
* Mohaqqeq: محقق&lt;br /&gt;
* Karaki: کرکی&lt;br /&gt;
* Tabatabaei: طباطبائی&lt;br /&gt;
* Qomi: قمی&lt;br /&gt;
* Tabrizi: تبریزی&lt;br /&gt;
* Shubairi: شبیری&lt;br /&gt;
* Zanjani: زنجانی&lt;br /&gt;
* Fazel: فاضل&lt;br /&gt;
* Lankarani: لنکرانی&lt;br /&gt;
* Safi: صافی&lt;br /&gt;
* Golpaygani: گلپایگانی&lt;br /&gt;
* Alidoost: علیدوست&lt;br /&gt;
* Mulla: ملا&lt;br /&gt;
* Naraqi: نراقی&lt;br /&gt;
* Majlesi: مجلسی&lt;br /&gt;
* Gilani: گیلانی&lt;br /&gt;
* Kashfi: کشفی&lt;br /&gt;
* Nouri: نوری&lt;br /&gt;
* Haeri: حائری&lt;br /&gt;
* Yazdi: یزدی&lt;br /&gt;
* Haghighat: حقیقت&lt;br /&gt;
&lt;br /&gt;
== اصطلاحات ==&lt;br /&gt;
* [[disliked (makruh)]]&lt;br /&gt;
* no necessary connection  : ملازمه منجزی&lt;br /&gt;
* sayyid&lt;br /&gt;
* contemporary scholars of Usul al-fiqh : فقهای اصولی&lt;br /&gt;
* [[Maliki school]]&lt;br /&gt;
* [[Shafi&#039;i school]]&lt;br /&gt;
* Advanced Jurisprudence (Kharij) : خارج فقه&lt;br /&gt;
* the principle of interdependence: قاعده ملازمه&lt;br /&gt;
* principle of interdependence at the macro level : قاعده ملازمه کبروی&lt;br /&gt;
*Rational proof of innocence: برائت عقلی&lt;br /&gt;
*Rational precaution: احتیاط عقلی&lt;br /&gt;
*the repugnance of punishment without warning (qubh al-&#039;iqab bila bayan)&lt;br /&gt;
*the right of obedience (haqq al-ta&#039;ah)&lt;br /&gt;
*[[age of occultation (ghaybah)]]&lt;br /&gt;
*fundamental boundaries: خطوط قرمز در اصطلاح فقهی&lt;br /&gt;
*Istislah (public interest)&lt;br /&gt;
*abominations and evil deeds: فحشاء و منکر&lt;br /&gt;
*disengagement: عدم تعهد&lt;br /&gt;
*unreliable conjecture (zann): ظن غیر معتبر&lt;br /&gt;
*Istihsan (juristic preference): استحسان&lt;br /&gt;
*pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف&lt;br /&gt;
*enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Guardianship (Wilayah)&lt;br /&gt;
*non-litigious matters (al-omour al-hesbiah)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Ijtihad: اجتهاد&lt;br /&gt;
*[[rule of the bed (qā&#039;idat al-firāsh)]] : قاعده فراش&lt;br /&gt;
*&#039;&#039;&#039;Artificial Procreation: انجاب/تولید مثل&#039;&#039;&#039;&lt;br /&gt;
*Common Religious Consciousness: ارتکاز&lt;br /&gt;
*Declaratory Law: حکم تکلیفی&lt;br /&gt;
*Unrelated individual person/ Non-mahram: نامحرم&lt;br /&gt;
*scenario: فرض (فقهی)&lt;br /&gt;
*prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود&lt;br /&gt;
*Coitus: نزدیکی جنسی &lt;br /&gt;
*IVF: لقاح خارج از رحم&lt;br /&gt;
*The Principle of Precaution: اصالة الاحتیاط&lt;br /&gt;
*Recipient (Gestational mother): صاحب رحم&lt;br /&gt;
*Transplantation: پیوند (اعضای بدن)&lt;br /&gt;
*Rational purpose: غرض عقلایی&lt;br /&gt;
*Undue hardship: حرج&lt;br /&gt;
*Consummated marriage: زنی که با او نزدیکی شده&lt;br /&gt;
*Marital prohibitions (&#039;&#039;Mahramiyah&#039;&#039;): حرمت نکاح&lt;br /&gt;
*Ensoulment (&#039;&#039;Nafkh al-Rūḥ&#039;&#039;): ولوج روح&lt;br /&gt;
*Quranic Deduction: استنباط از قرآن&lt;br /&gt;
*Provenance: صدور&lt;br /&gt;
*Semantical: دلالت&lt;br /&gt;
*Conventional language: زبان عرفی&lt;br /&gt;
*The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت&lt;br /&gt;
*Evolutionary nature of knowledge: تکمیل معرفت بشری&lt;br /&gt;
*Intellect: عقل در اصطلاح فقهی&lt;br /&gt;
*scholar: روحانی، آخوند&lt;br /&gt;
*Biographical Evaluation: رجال&lt;br /&gt;
*Guardianship of the Jurist: ولایت فقیه&lt;br /&gt;
*Inerrancy: عصمت&lt;br /&gt;
*The Infallibles: معصومین&lt;br /&gt;
*Apprehended Significance: دلالت تصوری&lt;br /&gt;
*Preferability: ارجحیت&lt;br /&gt;
*Variable Rulings: احکام متغیر&lt;br /&gt;
*Superseded or rendered void: حکمی که دیگر کارکرد ندارد&lt;br /&gt;
*Traditionalist Jurisprudence: فقه سنتی&lt;br /&gt;
*Teleological: غایت گرا&lt;br /&gt;
*State-centric Jurisprudence: فقه حکومتی&lt;br /&gt;
*Legal Derivation: استنباط احکام&lt;br /&gt;
*Laypeople: مقلد&lt;br /&gt;
*Solitary Tradition: خبر واحد&lt;br /&gt;
*Forbidden Medicaments: درمان با محرمات&lt;br /&gt;
*Jurisprudential Inquiries: استفتائات&lt;br /&gt;
*Medical Screening: غربالگری&lt;br /&gt;
*Civil Liability: ضمان قهری&lt;br /&gt;
*State of Necessity: قاعده الضرورات تبیح المحظورات&lt;br /&gt;
*Inebriants: مسکرات&lt;br /&gt;
*Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه&lt;br /&gt;
*The Public Treasury: بیت المال&lt;br /&gt;
*Violation of Professional Oaths: نقض قسم&lt;br /&gt;
*Illicit Enrichment: اکل مال به باطل&lt;br /&gt;
*Rule of Liability: قاعده ضمان&lt;br /&gt;
*Direct Skin-to-Skin Contact: لمس بدون واسطه&lt;br /&gt;
*Legal Incompetents: فرد محجور&lt;br /&gt;
*Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی&lt;br /&gt;
*Emergent Jurisprudential Issues: مسائل مستحدثه&lt;br /&gt;
*The Practice of the Religious Community: سیره متشرعه&lt;br /&gt;
*Linguistic Principles: اصول لفظیه&lt;br /&gt;
*Practical Principles: اصول عملیه&lt;br /&gt;
*Juridical Consensus:  اجماع فقهی&lt;br /&gt;
*General Evidences: قواعد عام فقهی&lt;br /&gt;
*Legal Presumption: اصل (در مقام شک)&lt;br /&gt;
*Gender Intermixing: اختلاط زن و مرد&lt;br /&gt;
*Inherent Dignity: کرامت انسانی&lt;br /&gt;
*Financial Maintenance: نفقه&lt;br /&gt;
*The Conduct of the Rational: سیره عقلاء&lt;br /&gt;
*Divine Revelation: وحی&lt;br /&gt;
*The Major Occultation: عصر غیبت&lt;br /&gt;
*The Scripture and Tradition: کتاب و سنت&lt;br /&gt;
*Tacit Approval: تقریر&lt;br /&gt;
*Non-Textual Proofs: ادله لبیه&lt;br /&gt;
*The Normative Consciousness of the Devout: ارتکاز متشرعه&lt;br /&gt;
*Evidence-Based Consensus: اجماع مدرکی&lt;br /&gt;
&lt;br /&gt;
== الگوهای دانشنامه ==&lt;br /&gt;
* This category is created for articles related to [Name of the Person].&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2748</id>
		<title>User:Sarfipour</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2748"/>
		<updated>2026-05-12T09:38:05Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* اصطلاحات */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;== اعلام ==&lt;br /&gt;
=== نام های خاص عربی ===&lt;br /&gt;
&lt;br /&gt;
* [[Abd al-Rahman al-Jaziri]]&lt;br /&gt;
&lt;br /&gt;
=== نام کتاب ===&lt;br /&gt;
&lt;br /&gt;
* [[Misbah al-Fiqahah]]&lt;br /&gt;
* Salsabil fi Usul al-Tajzi&#039;ah wa al-I&#039;rab&lt;br /&gt;
&lt;br /&gt;
===نام‌ها===&lt;br /&gt;
* Mousa: موسی&lt;br /&gt;
* Mohammad Ishaq : محمداسحاق&lt;br /&gt;
* Abolqassem: ابوالقاسم&lt;br /&gt;
* Mohammad Sadeq: محمدصادق&lt;br /&gt;
* Taqi: تقی&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Javad: جواد&lt;br /&gt;
* Mohammad Javad: محمدجواد&lt;br /&gt;
* Lotfollah: لطف الله&lt;br /&gt;
* Ahmad: احمد&lt;br /&gt;
* Mohammad Baqer: محمدباقر&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Ja&#039;far: جعفر&lt;br /&gt;
* Fazlollah: فضل الله&lt;br /&gt;
* Abdolkarim: عبدالکریم&lt;br /&gt;
===نام‌های خانوادگی===&lt;br /&gt;
* Fayyaz: فیاض&lt;br /&gt;
* Musavi: موسوی&lt;br /&gt;
* Khoei: خوئی&lt;br /&gt;
* Rohani: روحانی&lt;br /&gt;
* Mohaqqeq: محقق&lt;br /&gt;
* Karaki: کرکی&lt;br /&gt;
* Tabatabaei: طباطبائی&lt;br /&gt;
* Qomi: قمی&lt;br /&gt;
* Tabrizi: تبریزی&lt;br /&gt;
* Shubairi: شبیری&lt;br /&gt;
* Zanjani: زنجانی&lt;br /&gt;
* Fazel: فاضل&lt;br /&gt;
* Lankarani: لنکرانی&lt;br /&gt;
* Safi: صافی&lt;br /&gt;
* Golpaygani: گلپایگانی&lt;br /&gt;
* Alidoost: علیدوست&lt;br /&gt;
* Mulla: ملا&lt;br /&gt;
* Naraqi: نراقی&lt;br /&gt;
* Majlesi: مجلسی&lt;br /&gt;
* Gilani: گیلانی&lt;br /&gt;
* Kashfi: کشفی&lt;br /&gt;
* Nouri: نوری&lt;br /&gt;
* Haeri: حائری&lt;br /&gt;
* Yazdi: یزدی&lt;br /&gt;
* Haghighat: حقیقت&lt;br /&gt;
&lt;br /&gt;
== اصطلاحات ==&lt;br /&gt;
* [[disliked (makruh)]]&lt;br /&gt;
* no necessary connection  : ملازمه منجزی&lt;br /&gt;
* sayyid&lt;br /&gt;
* contemporary scholars of Usul al-fiqh : فقهای اصولی&lt;br /&gt;
* [[Maliki school]]&lt;br /&gt;
* [[Shafi&#039;i school]]&lt;br /&gt;
* Advanced Jurisprudence (Kharij) : خارج فقه&lt;br /&gt;
* the principle of interdependence: قاعده ملازمه&lt;br /&gt;
* principle of interdependence at the macro level : قاعده ملازمه کبروی&lt;br /&gt;
*Rational proof of innocence: برائت عقلی&lt;br /&gt;
*Rational precaution: احتیاط عقلی&lt;br /&gt;
*the repugnance of punishment without warning (qubh al-&#039;iqab bila bayan)&lt;br /&gt;
*the right of obedience (haqq al-ta&#039;ah)&lt;br /&gt;
*[[age of occultation (ghaybah)]]&lt;br /&gt;
*fundamental boundaries: خطوط قرمز در اصطلاح فقهی&lt;br /&gt;
*Istislah (public interest)&lt;br /&gt;
*abominations and evil deeds: فحشاء و منکر&lt;br /&gt;
*disengagement: عدم تعهد&lt;br /&gt;
*unreliable conjecture (zann): ظن غیر معتبر&lt;br /&gt;
*Istihsan (juristic preference): استحسان&lt;br /&gt;
*pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف&lt;br /&gt;
*enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Guardianship (Wilayah)&lt;br /&gt;
*non-litigious matters (al-omour al-hesbiah)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Ijtihad: اجتهاد&lt;br /&gt;
*[[rule of the bed (qā&#039;idat al-firāsh)]] : قاعده فراش&lt;br /&gt;
*&#039;&#039;&#039;Artificial Procreation: انجاب/تولید مثل&#039;&#039;&#039;&lt;br /&gt;
*Common Religious Consciousness: ارتکاز&lt;br /&gt;
*Declaratory Law: حکم تکلیفی&lt;br /&gt;
*Unrelated individual person/ Non-mahram: نامحرم&lt;br /&gt;
*scenario: فرض (فقهی)&lt;br /&gt;
*prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود&lt;br /&gt;
*Coitus: نزدیکی جنسی &lt;br /&gt;
*IVF: لقاح خارج از رحم&lt;br /&gt;
*The Principle of Precaution: اصالة الاحتیاط&lt;br /&gt;
*Recipient (Gestational mother): صاحب رحم&lt;br /&gt;
*Transplantation: پیوند (اعضای بدن)&lt;br /&gt;
*Rational purpose: غرض عقلایی&lt;br /&gt;
*Undue hardship: حرج&lt;br /&gt;
*Consummated marriage: زنی که با او نزدیکی شده&lt;br /&gt;
*Marital prohibitions (&#039;&#039;Mahramiyah&#039;&#039;): حرمت نکاح&lt;br /&gt;
*Ensoulment (&#039;&#039;Nafkh al-Rūḥ&#039;&#039;): ولوج روح&lt;br /&gt;
*Quranic Deduction: استنباط از قرآن&lt;br /&gt;
*Provenance: صدور&lt;br /&gt;
*Semantical: دلالت&lt;br /&gt;
*Conventional language: زبان عرفی&lt;br /&gt;
*The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت&lt;br /&gt;
*Evolutionary nature of knowledge: تکمیل معرفت بشری&lt;br /&gt;
*Intellect: عقل در اصطلاح فقهی&lt;br /&gt;
*scholar: روحانی، آخوند&lt;br /&gt;
*Biographical Evaluation: رجال&lt;br /&gt;
*Guardianship of the Jurist: ولایت فقیه&lt;br /&gt;
*Inerrancy: عصمت&lt;br /&gt;
*The Infallibles: معصومین&lt;br /&gt;
*Apprehended Significance: دلالت تصوری&lt;br /&gt;
*Preferability: ارجحیت&lt;br /&gt;
*Variable Rulings: احکام متغیر&lt;br /&gt;
*Superseded or rendered void: حکمی که دیگر کارکرد ندارد&lt;br /&gt;
*Traditionalist Jurisprudence: فقه سنتی&lt;br /&gt;
*Teleological: غایت گرا&lt;br /&gt;
*State-centric Jurisprudence: فقه حکومتی&lt;br /&gt;
*Legal Derivation: استنباط احکام&lt;br /&gt;
*Laypeople: مقلد&lt;br /&gt;
*Solitary Tradition: خبر واحد&lt;br /&gt;
*Forbidden Medicaments: درمان با محرمات&lt;br /&gt;
*Jurisprudential Inquiries: استفتائات&lt;br /&gt;
*Medical Screening: غربالگری&lt;br /&gt;
*Civil Liability: ضمان قهری&lt;br /&gt;
*State of Necessity: قاعده الضرورات تبیح المحظورات&lt;br /&gt;
*Inebriants: مسکرات&lt;br /&gt;
*Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه&lt;br /&gt;
*The Public Treasury: بیت المال&lt;br /&gt;
*Violation of Professional Oaths: نقض قسم&lt;br /&gt;
*Illicit Enrichment: اکل مال به باطل&lt;br /&gt;
*Rule of Liability: قاعده ضمان&lt;br /&gt;
*Direct Skin-to-Skin Contact: لمس بدون واسطه&lt;br /&gt;
*Legal Incompetents: فرد محجور&lt;br /&gt;
*Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی&lt;br /&gt;
*Emergent Jurisprudential Issues: مسائل مستحدثه&lt;br /&gt;
*The Practice of the Religious Community: سیره متشرعه&lt;br /&gt;
*Linguistic Principles: اصول لفظیه&lt;br /&gt;
*Practical Principles: اصول عملیه&lt;br /&gt;
*Juridical Consensus:  اجماع فقهی&lt;br /&gt;
*General Evidences: قواعد عام فقهی&lt;br /&gt;
*Legal Presumption: اصل (در مقام شک)&lt;br /&gt;
*Gender Intermixing: اختلاط زن و مرد&lt;br /&gt;
*Inherent Dignity: کرامت انسانی&lt;br /&gt;
*Financial Maintenance: نفقه&lt;br /&gt;
*The Conduct of the Rational: سیره عقلاء&lt;br /&gt;
*Divine Revelation: وحی&lt;br /&gt;
*The Major Occultation: عصر غیبت&lt;br /&gt;
*The Scripture and Tradition: کتاب و سنت&lt;br /&gt;
*Tacit Approval: تقریر&lt;br /&gt;
*Non-Textual Proofs: ادله لبیه&lt;br /&gt;
*The Normative Consciousness of the Devout: ارتکاز متشرعه&lt;br /&gt;
&lt;br /&gt;
== الگوهای دانشنامه ==&lt;br /&gt;
* This category is created for articles related to [Name of the Person].&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2747</id>
		<title>User:Sarfipour</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2747"/>
		<updated>2026-05-12T09:34:24Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* اصطلاحات */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;== اعلام ==&lt;br /&gt;
=== نام های خاص عربی ===&lt;br /&gt;
&lt;br /&gt;
* [[Abd al-Rahman al-Jaziri]]&lt;br /&gt;
&lt;br /&gt;
=== نام کتاب ===&lt;br /&gt;
&lt;br /&gt;
* [[Misbah al-Fiqahah]]&lt;br /&gt;
* Salsabil fi Usul al-Tajzi&#039;ah wa al-I&#039;rab&lt;br /&gt;
&lt;br /&gt;
===نام‌ها===&lt;br /&gt;
* Mousa: موسی&lt;br /&gt;
* Mohammad Ishaq : محمداسحاق&lt;br /&gt;
* Abolqassem: ابوالقاسم&lt;br /&gt;
* Mohammad Sadeq: محمدصادق&lt;br /&gt;
* Taqi: تقی&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Javad: جواد&lt;br /&gt;
* Mohammad Javad: محمدجواد&lt;br /&gt;
* Lotfollah: لطف الله&lt;br /&gt;
* Ahmad: احمد&lt;br /&gt;
* Mohammad Baqer: محمدباقر&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Ja&#039;far: جعفر&lt;br /&gt;
* Fazlollah: فضل الله&lt;br /&gt;
* Abdolkarim: عبدالکریم&lt;br /&gt;
===نام‌های خانوادگی===&lt;br /&gt;
* Fayyaz: فیاض&lt;br /&gt;
* Musavi: موسوی&lt;br /&gt;
* Khoei: خوئی&lt;br /&gt;
* Rohani: روحانی&lt;br /&gt;
* Mohaqqeq: محقق&lt;br /&gt;
* Karaki: کرکی&lt;br /&gt;
* Tabatabaei: طباطبائی&lt;br /&gt;
* Qomi: قمی&lt;br /&gt;
* Tabrizi: تبریزی&lt;br /&gt;
* Shubairi: شبیری&lt;br /&gt;
* Zanjani: زنجانی&lt;br /&gt;
* Fazel: فاضل&lt;br /&gt;
* Lankarani: لنکرانی&lt;br /&gt;
* Safi: صافی&lt;br /&gt;
* Golpaygani: گلپایگانی&lt;br /&gt;
* Alidoost: علیدوست&lt;br /&gt;
* Mulla: ملا&lt;br /&gt;
* Naraqi: نراقی&lt;br /&gt;
* Majlesi: مجلسی&lt;br /&gt;
* Gilani: گیلانی&lt;br /&gt;
* Kashfi: کشفی&lt;br /&gt;
* Nouri: نوری&lt;br /&gt;
* Haeri: حائری&lt;br /&gt;
* Yazdi: یزدی&lt;br /&gt;
* Haghighat: حقیقت&lt;br /&gt;
&lt;br /&gt;
== اصطلاحات ==&lt;br /&gt;
* [[disliked (makruh)]]&lt;br /&gt;
* no necessary connection  : ملازمه منجزی&lt;br /&gt;
* sayyid&lt;br /&gt;
* contemporary scholars of Usul al-fiqh : فقهای اصولی&lt;br /&gt;
* [[Maliki school]]&lt;br /&gt;
* [[Shafi&#039;i school]]&lt;br /&gt;
* Advanced Jurisprudence (Kharij) : خارج فقه&lt;br /&gt;
* the principle of interdependence: قاعده ملازمه&lt;br /&gt;
* principle of interdependence at the macro level : قاعده ملازمه کبروی&lt;br /&gt;
*Rational proof of innocence: برائت عقلی&lt;br /&gt;
*Rational precaution: احتیاط عقلی&lt;br /&gt;
*the repugnance of punishment without warning (qubh al-&#039;iqab bila bayan)&lt;br /&gt;
*the right of obedience (haqq al-ta&#039;ah)&lt;br /&gt;
*[[age of occultation (ghaybah)]]&lt;br /&gt;
*fundamental boundaries: خطوط قرمز در اصطلاح فقهی&lt;br /&gt;
*Istislah (public interest)&lt;br /&gt;
*abominations and evil deeds: فحشاء و منکر&lt;br /&gt;
*disengagement: عدم تعهد&lt;br /&gt;
*unreliable conjecture (zann): ظن غیر معتبر&lt;br /&gt;
*Istihsan (juristic preference): استحسان&lt;br /&gt;
*pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف&lt;br /&gt;
*enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Guardianship (Wilayah)&lt;br /&gt;
*non-litigious matters (al-omour al-hesbiah)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Ijtihad: اجتهاد&lt;br /&gt;
*[[rule of the bed (qā&#039;idat al-firāsh)]] : قاعده فراش&lt;br /&gt;
*&#039;&#039;&#039;Artificial Procreation: انجاب/تولید مثل&#039;&#039;&#039;&lt;br /&gt;
*Common Religious Consciousness: ارتکاز&lt;br /&gt;
*Declaratory Law: حکم تکلیفی&lt;br /&gt;
*Unrelated individual person/ Non-mahram: نامحرم&lt;br /&gt;
*scenario: فرض (فقهی)&lt;br /&gt;
*prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود&lt;br /&gt;
*Coitus: نزدیکی جنسی &lt;br /&gt;
*IVF: لقاح خارج از رحم&lt;br /&gt;
*The Principle of Precaution: اصالة الاحتیاط&lt;br /&gt;
*Recipient (Gestational mother): صاحب رحم&lt;br /&gt;
*Transplantation: پیوند (اعضای بدن)&lt;br /&gt;
*Rational purpose: غرض عقلایی&lt;br /&gt;
*Undue hardship: حرج&lt;br /&gt;
*Consummated marriage: زنی که با او نزدیکی شده&lt;br /&gt;
*Marital prohibitions (&#039;&#039;Mahramiyah&#039;&#039;): حرمت نکاح&lt;br /&gt;
*Ensoulment (&#039;&#039;Nafkh al-Rūḥ&#039;&#039;): ولوج روح&lt;br /&gt;
*Quranic Deduction: استنباط از قرآن&lt;br /&gt;
*Provenance: صدور&lt;br /&gt;
*Semantical: دلالت&lt;br /&gt;
*Conventional language: زبان عرفی&lt;br /&gt;
*The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت&lt;br /&gt;
*Evolutionary nature of knowledge: تکمیل معرفت بشری&lt;br /&gt;
*Intellect: عقل در اصطلاح فقهی&lt;br /&gt;
*scholar: روحانی، آخوند&lt;br /&gt;
*Biographical Evaluation: رجال&lt;br /&gt;
*Guardianship of the Jurist: ولایت فقیه&lt;br /&gt;
*Inerrancy: عصمت&lt;br /&gt;
*The Infallibles: معصومین&lt;br /&gt;
*Apprehended Significance: دلالت تصوری&lt;br /&gt;
*Preferability: ارجحیت&lt;br /&gt;
*Variable Rulings: احکام متغیر&lt;br /&gt;
*Superseded or rendered void: حکمی که دیگر کارکرد ندارد&lt;br /&gt;
*Traditionalist Jurisprudence: فقه سنتی&lt;br /&gt;
*Teleological: غایت گرا&lt;br /&gt;
*State-centric Jurisprudence: فقه حکومتی&lt;br /&gt;
*Legal Derivation: استنباط احکام&lt;br /&gt;
*Laypeople: مقلد&lt;br /&gt;
*Solitary Tradition: خبر واحد&lt;br /&gt;
*Forbidden Medicaments: درمان با محرمات&lt;br /&gt;
*Jurisprudential Inquiries: استفتائات&lt;br /&gt;
*Medical Screening: غربالگری&lt;br /&gt;
*Civil Liability: ضمان قهری&lt;br /&gt;
*State of Necessity: قاعده الضرورات تبیح المحظورات&lt;br /&gt;
*Inebriants: مسکرات&lt;br /&gt;
*Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه&lt;br /&gt;
*The Public Treasury: بیت المال&lt;br /&gt;
*Violation of Professional Oaths: نقض قسم&lt;br /&gt;
*Illicit Enrichment: اکل مال به باطل&lt;br /&gt;
*Rule of Liability: قاعده ضمان&lt;br /&gt;
*Direct Skin-to-Skin Contact: لمس بدون واسطه&lt;br /&gt;
*Legal Incompetents: فرد محجور&lt;br /&gt;
*Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی&lt;br /&gt;
*Emergent Jurisprudential Issues: مسائل مستحدثه&lt;br /&gt;
*The Practice of the Religious Community: سیره متشرعه&lt;br /&gt;
*Linguistic Principles: اصول لفظیه&lt;br /&gt;
*Practical Principles: اصول عملیه&lt;br /&gt;
*Juridical Consensus:  اجماع فقهی&lt;br /&gt;
*General Evidences: قواعد عام فقهی&lt;br /&gt;
*Legal Presumption: اصل (در مقام شک)&lt;br /&gt;
*Gender Intermixing: اختلاط زن و مرد&lt;br /&gt;
*Inherent Dignity: کرامت انسانی&lt;br /&gt;
*Financial Maintenance: نفقه&lt;br /&gt;
*The Conduct of the Rational: سیره عقلاء&lt;br /&gt;
*Divine Revelation: وحی&lt;br /&gt;
*The Major Occultation: عصر غیبت&lt;br /&gt;
*The Scripture and Tradition: کتاب و سنت&lt;br /&gt;
*Tacit Approval: تقریر&lt;br /&gt;
*Non-Textual Proofs: ادله لبیه&lt;br /&gt;
&lt;br /&gt;
== الگوهای دانشنامه ==&lt;br /&gt;
* This category is created for articles related to [Name of the Person].&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2746</id>
		<title>User:Sarfipour</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2746"/>
		<updated>2026-05-12T09:28:17Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* اصطلاحات */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;== اعلام ==&lt;br /&gt;
=== نام های خاص عربی ===&lt;br /&gt;
&lt;br /&gt;
* [[Abd al-Rahman al-Jaziri]]&lt;br /&gt;
&lt;br /&gt;
=== نام کتاب ===&lt;br /&gt;
&lt;br /&gt;
* [[Misbah al-Fiqahah]]&lt;br /&gt;
* Salsabil fi Usul al-Tajzi&#039;ah wa al-I&#039;rab&lt;br /&gt;
&lt;br /&gt;
===نام‌ها===&lt;br /&gt;
* Mousa: موسی&lt;br /&gt;
* Mohammad Ishaq : محمداسحاق&lt;br /&gt;
* Abolqassem: ابوالقاسم&lt;br /&gt;
* Mohammad Sadeq: محمدصادق&lt;br /&gt;
* Taqi: تقی&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Javad: جواد&lt;br /&gt;
* Mohammad Javad: محمدجواد&lt;br /&gt;
* Lotfollah: لطف الله&lt;br /&gt;
* Ahmad: احمد&lt;br /&gt;
* Mohammad Baqer: محمدباقر&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Ja&#039;far: جعفر&lt;br /&gt;
* Fazlollah: فضل الله&lt;br /&gt;
* Abdolkarim: عبدالکریم&lt;br /&gt;
===نام‌های خانوادگی===&lt;br /&gt;
* Fayyaz: فیاض&lt;br /&gt;
* Musavi: موسوی&lt;br /&gt;
* Khoei: خوئی&lt;br /&gt;
* Rohani: روحانی&lt;br /&gt;
* Mohaqqeq: محقق&lt;br /&gt;
* Karaki: کرکی&lt;br /&gt;
* Tabatabaei: طباطبائی&lt;br /&gt;
* Qomi: قمی&lt;br /&gt;
* Tabrizi: تبریزی&lt;br /&gt;
* Shubairi: شبیری&lt;br /&gt;
* Zanjani: زنجانی&lt;br /&gt;
* Fazel: فاضل&lt;br /&gt;
* Lankarani: لنکرانی&lt;br /&gt;
* Safi: صافی&lt;br /&gt;
* Golpaygani: گلپایگانی&lt;br /&gt;
* Alidoost: علیدوست&lt;br /&gt;
* Mulla: ملا&lt;br /&gt;
* Naraqi: نراقی&lt;br /&gt;
* Majlesi: مجلسی&lt;br /&gt;
* Gilani: گیلانی&lt;br /&gt;
* Kashfi: کشفی&lt;br /&gt;
* Nouri: نوری&lt;br /&gt;
* Haeri: حائری&lt;br /&gt;
* Yazdi: یزدی&lt;br /&gt;
* Haghighat: حقیقت&lt;br /&gt;
&lt;br /&gt;
== اصطلاحات ==&lt;br /&gt;
* [[disliked (makruh)]]&lt;br /&gt;
* no necessary connection  : ملازمه منجزی&lt;br /&gt;
* sayyid&lt;br /&gt;
* contemporary scholars of Usul al-fiqh : فقهای اصولی&lt;br /&gt;
* [[Maliki school]]&lt;br /&gt;
* [[Shafi&#039;i school]]&lt;br /&gt;
* Advanced Jurisprudence (Kharij) : خارج فقه&lt;br /&gt;
* the principle of interdependence: قاعده ملازمه&lt;br /&gt;
* principle of interdependence at the macro level : قاعده ملازمه کبروی&lt;br /&gt;
*Rational proof of innocence: برائت عقلی&lt;br /&gt;
*Rational precaution: احتیاط عقلی&lt;br /&gt;
*the repugnance of punishment without warning (qubh al-&#039;iqab bila bayan)&lt;br /&gt;
*the right of obedience (haqq al-ta&#039;ah)&lt;br /&gt;
*[[age of occultation (ghaybah)]]&lt;br /&gt;
*fundamental boundaries: خطوط قرمز در اصطلاح فقهی&lt;br /&gt;
*Istislah (public interest)&lt;br /&gt;
*abominations and evil deeds: فحشاء و منکر&lt;br /&gt;
*disengagement: عدم تعهد&lt;br /&gt;
*unreliable conjecture (zann): ظن غیر معتبر&lt;br /&gt;
*Istihsan (juristic preference): استحسان&lt;br /&gt;
*pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف&lt;br /&gt;
*enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Guardianship (Wilayah)&lt;br /&gt;
*non-litigious matters (al-omour al-hesbiah)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Ijtihad: اجتهاد&lt;br /&gt;
*[[rule of the bed (qā&#039;idat al-firāsh)]] : قاعده فراش&lt;br /&gt;
*&#039;&#039;&#039;Artificial Procreation: انجاب/تولید مثل&#039;&#039;&#039;&lt;br /&gt;
*Common Religious Consciousness: ارتکاز&lt;br /&gt;
*Declaratory Law: حکم تکلیفی&lt;br /&gt;
*Unrelated individual person/ Non-mahram: نامحرم&lt;br /&gt;
*scenario: فرض (فقهی)&lt;br /&gt;
*prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود&lt;br /&gt;
*Coitus: نزدیکی جنسی &lt;br /&gt;
*IVF: لقاح خارج از رحم&lt;br /&gt;
*The Principle of Precaution: اصالة الاحتیاط&lt;br /&gt;
*Recipient (Gestational mother): صاحب رحم&lt;br /&gt;
*Transplantation: پیوند (اعضای بدن)&lt;br /&gt;
*Rational purpose: غرض عقلایی&lt;br /&gt;
*Undue hardship: حرج&lt;br /&gt;
*Consummated marriage: زنی که با او نزدیکی شده&lt;br /&gt;
*Marital prohibitions (&#039;&#039;Mahramiyah&#039;&#039;): حرمت نکاح&lt;br /&gt;
*Ensoulment (&#039;&#039;Nafkh al-Rūḥ&#039;&#039;): ولوج روح&lt;br /&gt;
*Quranic Deduction: استنباط از قرآن&lt;br /&gt;
*Provenance: صدور&lt;br /&gt;
*Semantical: دلالت&lt;br /&gt;
*Conventional language: زبان عرفی&lt;br /&gt;
*The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت&lt;br /&gt;
*Evolutionary nature of knowledge: تکمیل معرفت بشری&lt;br /&gt;
*Intellect: عقل در اصطلاح فقهی&lt;br /&gt;
*scholar: روحانی، آخوند&lt;br /&gt;
*Biographical Evaluation: رجال&lt;br /&gt;
*Guardianship of the Jurist: ولایت فقیه&lt;br /&gt;
*Inerrancy: عصمت&lt;br /&gt;
*The Infallibles: معصومین&lt;br /&gt;
*Apprehended Significance: دلالت تصوری&lt;br /&gt;
*Preferability: ارجحیت&lt;br /&gt;
*Variable Rulings: احکام متغیر&lt;br /&gt;
*Superseded or rendered void: حکمی که دیگر کارکرد ندارد&lt;br /&gt;
*Traditionalist Jurisprudence: فقه سنتی&lt;br /&gt;
*Teleological: غایت گرا&lt;br /&gt;
*State-centric Jurisprudence: فقه حکومتی&lt;br /&gt;
*Legal Derivation: استنباط احکام&lt;br /&gt;
*Laypeople: مقلد&lt;br /&gt;
*Solitary Tradition: خبر واحد&lt;br /&gt;
*Forbidden Medicaments: درمان با محرمات&lt;br /&gt;
*Jurisprudential Inquiries: استفتائات&lt;br /&gt;
*Medical Screening: غربالگری&lt;br /&gt;
*Civil Liability: ضمان قهری&lt;br /&gt;
*State of Necessity: قاعده الضرورات تبیح المحظورات&lt;br /&gt;
*Inebriants: مسکرات&lt;br /&gt;
*Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه&lt;br /&gt;
*The Public Treasury: بیت المال&lt;br /&gt;
*Violation of Professional Oaths: نقض قسم&lt;br /&gt;
*Illicit Enrichment: اکل مال به باطل&lt;br /&gt;
*Rule of Liability: قاعده ضمان&lt;br /&gt;
*Direct Skin-to-Skin Contact: لمس بدون واسطه&lt;br /&gt;
*Legal Incompetents: فرد محجور&lt;br /&gt;
*Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی&lt;br /&gt;
*Emergent Jurisprudential Issues: مسائل مستحدثه&lt;br /&gt;
*The Practice of the Religious Community: سیره متشرعه&lt;br /&gt;
*Linguistic Principles: اصول لفظیه&lt;br /&gt;
*Practical Principles: اصول عملیه&lt;br /&gt;
*Juridical Consensus:  اجماع فقهی&lt;br /&gt;
*General Evidences: قواعد عام فقهی&lt;br /&gt;
*Legal Presumption: اصل (در مقام شک)&lt;br /&gt;
*Gender Intermixing: اختلاط زن و مرد&lt;br /&gt;
*Inherent Dignity: کرامت انسانی&lt;br /&gt;
*Financial Maintenance: نفقه&lt;br /&gt;
*The Conduct of the Rational: سیره عقلاء&lt;br /&gt;
*Divine Revelation: وحی&lt;br /&gt;
*The Major Occultation: عصر غیبت&lt;br /&gt;
*The Scripture and Tradition: کتاب و سنت&lt;br /&gt;
*Tacit Approval: تقریر&lt;br /&gt;
&lt;br /&gt;
== الگوهای دانشنامه ==&lt;br /&gt;
* This category is created for articles related to [Name of the Person].&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2745</id>
		<title>User:Sarfipour</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2745"/>
		<updated>2026-05-12T09:24:59Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* اصطلاحات */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;== اعلام ==&lt;br /&gt;
=== نام های خاص عربی ===&lt;br /&gt;
&lt;br /&gt;
* [[Abd al-Rahman al-Jaziri]]&lt;br /&gt;
&lt;br /&gt;
=== نام کتاب ===&lt;br /&gt;
&lt;br /&gt;
* [[Misbah al-Fiqahah]]&lt;br /&gt;
* Salsabil fi Usul al-Tajzi&#039;ah wa al-I&#039;rab&lt;br /&gt;
&lt;br /&gt;
===نام‌ها===&lt;br /&gt;
* Mousa: موسی&lt;br /&gt;
* Mohammad Ishaq : محمداسحاق&lt;br /&gt;
* Abolqassem: ابوالقاسم&lt;br /&gt;
* Mohammad Sadeq: محمدصادق&lt;br /&gt;
* Taqi: تقی&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Javad: جواد&lt;br /&gt;
* Mohammad Javad: محمدجواد&lt;br /&gt;
* Lotfollah: لطف الله&lt;br /&gt;
* Ahmad: احمد&lt;br /&gt;
* Mohammad Baqer: محمدباقر&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Ja&#039;far: جعفر&lt;br /&gt;
* Fazlollah: فضل الله&lt;br /&gt;
* Abdolkarim: عبدالکریم&lt;br /&gt;
===نام‌های خانوادگی===&lt;br /&gt;
* Fayyaz: فیاض&lt;br /&gt;
* Musavi: موسوی&lt;br /&gt;
* Khoei: خوئی&lt;br /&gt;
* Rohani: روحانی&lt;br /&gt;
* Mohaqqeq: محقق&lt;br /&gt;
* Karaki: کرکی&lt;br /&gt;
* Tabatabaei: طباطبائی&lt;br /&gt;
* Qomi: قمی&lt;br /&gt;
* Tabrizi: تبریزی&lt;br /&gt;
* Shubairi: شبیری&lt;br /&gt;
* Zanjani: زنجانی&lt;br /&gt;
* Fazel: فاضل&lt;br /&gt;
* Lankarani: لنکرانی&lt;br /&gt;
* Safi: صافی&lt;br /&gt;
* Golpaygani: گلپایگانی&lt;br /&gt;
* Alidoost: علیدوست&lt;br /&gt;
* Mulla: ملا&lt;br /&gt;
* Naraqi: نراقی&lt;br /&gt;
* Majlesi: مجلسی&lt;br /&gt;
* Gilani: گیلانی&lt;br /&gt;
* Kashfi: کشفی&lt;br /&gt;
* Nouri: نوری&lt;br /&gt;
* Haeri: حائری&lt;br /&gt;
* Yazdi: یزدی&lt;br /&gt;
* Haghighat: حقیقت&lt;br /&gt;
&lt;br /&gt;
== اصطلاحات ==&lt;br /&gt;
* [[disliked (makruh)]]&lt;br /&gt;
* no necessary connection  : ملازمه منجزی&lt;br /&gt;
* sayyid&lt;br /&gt;
* contemporary scholars of Usul al-fiqh : فقهای اصولی&lt;br /&gt;
* [[Maliki school]]&lt;br /&gt;
* [[Shafi&#039;i school]]&lt;br /&gt;
* Advanced Jurisprudence (Kharij) : خارج فقه&lt;br /&gt;
* the principle of interdependence: قاعده ملازمه&lt;br /&gt;
* principle of interdependence at the macro level : قاعده ملازمه کبروی&lt;br /&gt;
*Rational proof of innocence: برائت عقلی&lt;br /&gt;
*Rational precaution: احتیاط عقلی&lt;br /&gt;
*the repugnance of punishment without warning (qubh al-&#039;iqab bila bayan)&lt;br /&gt;
*the right of obedience (haqq al-ta&#039;ah)&lt;br /&gt;
*[[age of occultation (ghaybah)]]&lt;br /&gt;
*fundamental boundaries: خطوط قرمز در اصطلاح فقهی&lt;br /&gt;
*Istislah (public interest)&lt;br /&gt;
*abominations and evil deeds: فحشاء و منکر&lt;br /&gt;
*disengagement: عدم تعهد&lt;br /&gt;
*unreliable conjecture (zann): ظن غیر معتبر&lt;br /&gt;
*Istihsan (juristic preference): استحسان&lt;br /&gt;
*pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف&lt;br /&gt;
*enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Guardianship (Wilayah)&lt;br /&gt;
*non-litigious matters (al-omour al-hesbiah)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Ijtihad: اجتهاد&lt;br /&gt;
*[[rule of the bed (qā&#039;idat al-firāsh)]] : قاعده فراش&lt;br /&gt;
*&#039;&#039;&#039;Artificial Procreation: انجاب/تولید مثل&#039;&#039;&#039;&lt;br /&gt;
*Common Religious Consciousness: ارتکاز&lt;br /&gt;
*Declaratory Law: حکم تکلیفی&lt;br /&gt;
*Unrelated individual person/ Non-mahram: نامحرم&lt;br /&gt;
*scenario: فرض (فقهی)&lt;br /&gt;
*prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود&lt;br /&gt;
*Coitus: نزدیکی جنسی &lt;br /&gt;
*IVF: لقاح خارج از رحم&lt;br /&gt;
*The Principle of Precaution: اصالة الاحتیاط&lt;br /&gt;
*Recipient (Gestational mother): صاحب رحم&lt;br /&gt;
*Transplantation: پیوند (اعضای بدن)&lt;br /&gt;
*Rational purpose: غرض عقلایی&lt;br /&gt;
*Undue hardship: حرج&lt;br /&gt;
*Consummated marriage: زنی که با او نزدیکی شده&lt;br /&gt;
*Marital prohibitions (&#039;&#039;Mahramiyah&#039;&#039;): حرمت نکاح&lt;br /&gt;
*Ensoulment (&#039;&#039;Nafkh al-Rūḥ&#039;&#039;): ولوج روح&lt;br /&gt;
*Quranic Deduction: استنباط از قرآن&lt;br /&gt;
*Provenance: صدور&lt;br /&gt;
*Semantical: دلالت&lt;br /&gt;
*Conventional language: زبان عرفی&lt;br /&gt;
*The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت&lt;br /&gt;
*Evolutionary nature of knowledge: تکمیل معرفت بشری&lt;br /&gt;
*Intellect: عقل در اصطلاح فقهی&lt;br /&gt;
*scholar: روحانی، آخوند&lt;br /&gt;
*Biographical Evaluation: رجال&lt;br /&gt;
*Guardianship of the Jurist: ولایت فقیه&lt;br /&gt;
*Inerrancy: عصمت&lt;br /&gt;
*The Infallibles: معصومین&lt;br /&gt;
*Apprehended Significance: دلالت تصوری&lt;br /&gt;
*Preferability: ارجحیت&lt;br /&gt;
*Variable Rulings: احکام متغیر&lt;br /&gt;
*Superseded or rendered void: حکمی که دیگر کارکرد ندارد&lt;br /&gt;
*Traditionalist Jurisprudence: فقه سنتی&lt;br /&gt;
*Teleological: غایت گرا&lt;br /&gt;
*State-centric Jurisprudence: فقه حکومتی&lt;br /&gt;
*Legal Derivation: استنباط احکام&lt;br /&gt;
*Laypeople: مقلد&lt;br /&gt;
*Solitary Tradition: خبر واحد&lt;br /&gt;
*Forbidden Medicaments: درمان با محرمات&lt;br /&gt;
*Jurisprudential Inquiries: استفتائات&lt;br /&gt;
*Medical Screening: غربالگری&lt;br /&gt;
*Civil Liability: ضمان قهری&lt;br /&gt;
*State of Necessity: قاعده الضرورات تبیح المحظورات&lt;br /&gt;
*Inebriants: مسکرات&lt;br /&gt;
*Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه&lt;br /&gt;
*The Public Treasury: بیت المال&lt;br /&gt;
*Violation of Professional Oaths: نقض قسم&lt;br /&gt;
*Illicit Enrichment: اکل مال به باطل&lt;br /&gt;
*Rule of Liability: قاعده ضمان&lt;br /&gt;
*Direct Skin-to-Skin Contact: لمس بدون واسطه&lt;br /&gt;
*Legal Incompetents: فرد محجور&lt;br /&gt;
*Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی&lt;br /&gt;
*Emergent Jurisprudential Issues: مسائل مستحدثه&lt;br /&gt;
*The Practice of the Religious Community: سیره متشرعه&lt;br /&gt;
*Linguistic Principles: اصول لفظیه&lt;br /&gt;
*Practical Principles: اصول عملیه&lt;br /&gt;
*Juridical Consensus:  اجماع فقهی&lt;br /&gt;
*General Evidences: قواعد عام فقهی&lt;br /&gt;
*Legal Presumption: اصل (در مقام شک)&lt;br /&gt;
*Gender Intermixing: اختلاط زن و مرد&lt;br /&gt;
*Inherent Dignity: کرامت انسانی&lt;br /&gt;
*Financial Maintenance: نفقه&lt;br /&gt;
*The Conduct of the Rational: سیره عقلاء&lt;br /&gt;
*Divine Revelation: وحی&lt;br /&gt;
*The Major Occultation: عصر غیبت&lt;br /&gt;
*The Scripture and Tradition: کتاب و سنت&lt;br /&gt;
&lt;br /&gt;
== الگوهای دانشنامه ==&lt;br /&gt;
* This category is created for articles related to [Name of the Person].&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2744</id>
		<title>User:Sarfipour</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2744"/>
		<updated>2026-05-12T09:11:01Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* اصطلاحات */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;== اعلام ==&lt;br /&gt;
=== نام های خاص عربی ===&lt;br /&gt;
&lt;br /&gt;
* [[Abd al-Rahman al-Jaziri]]&lt;br /&gt;
&lt;br /&gt;
=== نام کتاب ===&lt;br /&gt;
&lt;br /&gt;
* [[Misbah al-Fiqahah]]&lt;br /&gt;
* Salsabil fi Usul al-Tajzi&#039;ah wa al-I&#039;rab&lt;br /&gt;
&lt;br /&gt;
===نام‌ها===&lt;br /&gt;
* Mousa: موسی&lt;br /&gt;
* Mohammad Ishaq : محمداسحاق&lt;br /&gt;
* Abolqassem: ابوالقاسم&lt;br /&gt;
* Mohammad Sadeq: محمدصادق&lt;br /&gt;
* Taqi: تقی&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Javad: جواد&lt;br /&gt;
* Mohammad Javad: محمدجواد&lt;br /&gt;
* Lotfollah: لطف الله&lt;br /&gt;
* Ahmad: احمد&lt;br /&gt;
* Mohammad Baqer: محمدباقر&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Ja&#039;far: جعفر&lt;br /&gt;
* Fazlollah: فضل الله&lt;br /&gt;
* Abdolkarim: عبدالکریم&lt;br /&gt;
===نام‌های خانوادگی===&lt;br /&gt;
* Fayyaz: فیاض&lt;br /&gt;
* Musavi: موسوی&lt;br /&gt;
* Khoei: خوئی&lt;br /&gt;
* Rohani: روحانی&lt;br /&gt;
* Mohaqqeq: محقق&lt;br /&gt;
* Karaki: کرکی&lt;br /&gt;
* Tabatabaei: طباطبائی&lt;br /&gt;
* Qomi: قمی&lt;br /&gt;
* Tabrizi: تبریزی&lt;br /&gt;
* Shubairi: شبیری&lt;br /&gt;
* Zanjani: زنجانی&lt;br /&gt;
* Fazel: فاضل&lt;br /&gt;
* Lankarani: لنکرانی&lt;br /&gt;
* Safi: صافی&lt;br /&gt;
* Golpaygani: گلپایگانی&lt;br /&gt;
* Alidoost: علیدوست&lt;br /&gt;
* Mulla: ملا&lt;br /&gt;
* Naraqi: نراقی&lt;br /&gt;
* Majlesi: مجلسی&lt;br /&gt;
* Gilani: گیلانی&lt;br /&gt;
* Kashfi: کشفی&lt;br /&gt;
* Nouri: نوری&lt;br /&gt;
* Haeri: حائری&lt;br /&gt;
* Yazdi: یزدی&lt;br /&gt;
* Haghighat: حقیقت&lt;br /&gt;
&lt;br /&gt;
== اصطلاحات ==&lt;br /&gt;
* [[disliked (makruh)]]&lt;br /&gt;
* no necessary connection  : ملازمه منجزی&lt;br /&gt;
* sayyid&lt;br /&gt;
* contemporary scholars of Usul al-fiqh : فقهای اصولی&lt;br /&gt;
* [[Maliki school]]&lt;br /&gt;
* [[Shafi&#039;i school]]&lt;br /&gt;
* Advanced Jurisprudence (Kharij) : خارج فقه&lt;br /&gt;
* the principle of interdependence: قاعده ملازمه&lt;br /&gt;
* principle of interdependence at the macro level : قاعده ملازمه کبروی&lt;br /&gt;
*Rational proof of innocence: برائت عقلی&lt;br /&gt;
*Rational precaution: احتیاط عقلی&lt;br /&gt;
*the repugnance of punishment without warning (qubh al-&#039;iqab bila bayan)&lt;br /&gt;
*the right of obedience (haqq al-ta&#039;ah)&lt;br /&gt;
*[[age of occultation (ghaybah)]]&lt;br /&gt;
*fundamental boundaries: خطوط قرمز در اصطلاح فقهی&lt;br /&gt;
*Istislah (public interest)&lt;br /&gt;
*abominations and evil deeds: فحشاء و منکر&lt;br /&gt;
*disengagement: عدم تعهد&lt;br /&gt;
*unreliable conjecture (zann): ظن غیر معتبر&lt;br /&gt;
*Istihsan (juristic preference): استحسان&lt;br /&gt;
*pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف&lt;br /&gt;
*enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Guardianship (Wilayah)&lt;br /&gt;
*non-litigious matters (al-omour al-hesbiah)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Ijtihad: اجتهاد&lt;br /&gt;
*[[rule of the bed (qā&#039;idat al-firāsh)]] : قاعده فراش&lt;br /&gt;
*&#039;&#039;&#039;Artificial Procreation: انجاب/تولید مثل&#039;&#039;&#039;&lt;br /&gt;
*Common Religious Consciousness: ارتکاز&lt;br /&gt;
*Declaratory Law: حکم تکلیفی&lt;br /&gt;
*Unrelated individual person/ Non-mahram: نامحرم&lt;br /&gt;
*scenario: فرض (فقهی)&lt;br /&gt;
*prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود&lt;br /&gt;
*Coitus: نزدیکی جنسی &lt;br /&gt;
*IVF: لقاح خارج از رحم&lt;br /&gt;
*The Principle of Precaution: اصالة الاحتیاط&lt;br /&gt;
*Recipient (Gestational mother): صاحب رحم&lt;br /&gt;
*Transplantation: پیوند (اعضای بدن)&lt;br /&gt;
*Rational purpose: غرض عقلایی&lt;br /&gt;
*Undue hardship: حرج&lt;br /&gt;
*Consummated marriage: زنی که با او نزدیکی شده&lt;br /&gt;
*Marital prohibitions (&#039;&#039;Mahramiyah&#039;&#039;): حرمت نکاح&lt;br /&gt;
*Ensoulment (&#039;&#039;Nafkh al-Rūḥ&#039;&#039;): ولوج روح&lt;br /&gt;
*Quranic Deduction: استنباط از قرآن&lt;br /&gt;
*Provenance: صدور&lt;br /&gt;
*Semantical: دلالت&lt;br /&gt;
*Conventional language: زبان عرفی&lt;br /&gt;
*The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت&lt;br /&gt;
*Evolutionary nature of knowledge: تکمیل معرفت بشری&lt;br /&gt;
*Intellect: عقل در اصطلاح فقهی&lt;br /&gt;
*scholar: روحانی، آخوند&lt;br /&gt;
*Biographical Evaluation: رجال&lt;br /&gt;
*Guardianship of the Jurist: ولایت فقیه&lt;br /&gt;
*Inerrancy: عصمت&lt;br /&gt;
*The Infallibles: معصومین&lt;br /&gt;
*Apprehended Significance: دلالت تصوری&lt;br /&gt;
*Preferability: ارجحیت&lt;br /&gt;
*Variable Rulings: احکام متغیر&lt;br /&gt;
*Superseded or rendered void: حکمی که دیگر کارکرد ندارد&lt;br /&gt;
*Traditionalist Jurisprudence: فقه سنتی&lt;br /&gt;
*Teleological: غایت گرا&lt;br /&gt;
*State-centric Jurisprudence: فقه حکومتی&lt;br /&gt;
*Legal Derivation: استنباط احکام&lt;br /&gt;
*Laypeople: مقلد&lt;br /&gt;
*Solitary Tradition: خبر واحد&lt;br /&gt;
*Forbidden Medicaments: درمان با محرمات&lt;br /&gt;
*Jurisprudential Inquiries: استفتائات&lt;br /&gt;
*Medical Screening: غربالگری&lt;br /&gt;
*Civil Liability: ضمان قهری&lt;br /&gt;
*State of Necessity: قاعده الضرورات تبیح المحظورات&lt;br /&gt;
*Inebriants: مسکرات&lt;br /&gt;
*Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه&lt;br /&gt;
*The Public Treasury: بیت المال&lt;br /&gt;
*Violation of Professional Oaths: نقض قسم&lt;br /&gt;
*Illicit Enrichment: اکل مال به باطل&lt;br /&gt;
*Rule of Liability: قاعده ضمان&lt;br /&gt;
*Direct Skin-to-Skin Contact: لمس بدون واسطه&lt;br /&gt;
*Legal Incompetents: فرد محجور&lt;br /&gt;
*Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی&lt;br /&gt;
*Emergent Jurisprudential Issues: مسائل مستحدثه&lt;br /&gt;
*The Practice of the Religious Community: سیره متشرعه&lt;br /&gt;
*Linguistic Principles: اصول لفظیه&lt;br /&gt;
*Practical Principles: اصول عملیه&lt;br /&gt;
*Juridical Consensus:  اجماع فقهی&lt;br /&gt;
*General Evidences: قواعد عام فقهی&lt;br /&gt;
*Legal Presumption: اصل (در مقام شک)&lt;br /&gt;
*Gender Intermixing: اختلاط زن و مرد&lt;br /&gt;
*Inherent Dignity: کرامت انسانی&lt;br /&gt;
*Financial Maintenance: نفقه&lt;br /&gt;
*The Conduct of the Rational: سیره عقلاء&lt;br /&gt;
*Divine Revelation: وحی&lt;br /&gt;
*The Major Occultation: عصر غیبت&lt;br /&gt;
&lt;br /&gt;
== الگوهای دانشنامه ==&lt;br /&gt;
* This category is created for articles related to [Name of the Person].&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2743</id>
		<title>User:Sarfipour</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2743"/>
		<updated>2026-05-12T09:05:18Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* اصطلاحات */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;== اعلام ==&lt;br /&gt;
=== نام های خاص عربی ===&lt;br /&gt;
&lt;br /&gt;
* [[Abd al-Rahman al-Jaziri]]&lt;br /&gt;
&lt;br /&gt;
=== نام کتاب ===&lt;br /&gt;
&lt;br /&gt;
* [[Misbah al-Fiqahah]]&lt;br /&gt;
* Salsabil fi Usul al-Tajzi&#039;ah wa al-I&#039;rab&lt;br /&gt;
&lt;br /&gt;
===نام‌ها===&lt;br /&gt;
* Mousa: موسی&lt;br /&gt;
* Mohammad Ishaq : محمداسحاق&lt;br /&gt;
* Abolqassem: ابوالقاسم&lt;br /&gt;
* Mohammad Sadeq: محمدصادق&lt;br /&gt;
* Taqi: تقی&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Javad: جواد&lt;br /&gt;
* Mohammad Javad: محمدجواد&lt;br /&gt;
* Lotfollah: لطف الله&lt;br /&gt;
* Ahmad: احمد&lt;br /&gt;
* Mohammad Baqer: محمدباقر&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Ja&#039;far: جعفر&lt;br /&gt;
* Fazlollah: فضل الله&lt;br /&gt;
* Abdolkarim: عبدالکریم&lt;br /&gt;
===نام‌های خانوادگی===&lt;br /&gt;
* Fayyaz: فیاض&lt;br /&gt;
* Musavi: موسوی&lt;br /&gt;
* Khoei: خوئی&lt;br /&gt;
* Rohani: روحانی&lt;br /&gt;
* Mohaqqeq: محقق&lt;br /&gt;
* Karaki: کرکی&lt;br /&gt;
* Tabatabaei: طباطبائی&lt;br /&gt;
* Qomi: قمی&lt;br /&gt;
* Tabrizi: تبریزی&lt;br /&gt;
* Shubairi: شبیری&lt;br /&gt;
* Zanjani: زنجانی&lt;br /&gt;
* Fazel: فاضل&lt;br /&gt;
* Lankarani: لنکرانی&lt;br /&gt;
* Safi: صافی&lt;br /&gt;
* Golpaygani: گلپایگانی&lt;br /&gt;
* Alidoost: علیدوست&lt;br /&gt;
* Mulla: ملا&lt;br /&gt;
* Naraqi: نراقی&lt;br /&gt;
* Majlesi: مجلسی&lt;br /&gt;
* Gilani: گیلانی&lt;br /&gt;
* Kashfi: کشفی&lt;br /&gt;
* Nouri: نوری&lt;br /&gt;
* Haeri: حائری&lt;br /&gt;
* Yazdi: یزدی&lt;br /&gt;
* Haghighat: حقیقت&lt;br /&gt;
&lt;br /&gt;
== اصطلاحات ==&lt;br /&gt;
* [[disliked (makruh)]]&lt;br /&gt;
* no necessary connection  : ملازمه منجزی&lt;br /&gt;
* sayyid&lt;br /&gt;
* contemporary scholars of Usul al-fiqh : فقهای اصولی&lt;br /&gt;
* [[Maliki school]]&lt;br /&gt;
* [[Shafi&#039;i school]]&lt;br /&gt;
* Advanced Jurisprudence (Kharij) : خارج فقه&lt;br /&gt;
* the principle of interdependence: قاعده ملازمه&lt;br /&gt;
* principle of interdependence at the macro level : قاعده ملازمه کبروی&lt;br /&gt;
*Rational proof of innocence: برائت عقلی&lt;br /&gt;
*Rational precaution: احتیاط عقلی&lt;br /&gt;
*the repugnance of punishment without warning (qubh al-&#039;iqab bila bayan)&lt;br /&gt;
*the right of obedience (haqq al-ta&#039;ah)&lt;br /&gt;
*[[age of occultation (ghaybah)]]&lt;br /&gt;
*fundamental boundaries: خطوط قرمز در اصطلاح فقهی&lt;br /&gt;
*Istislah (public interest)&lt;br /&gt;
*abominations and evil deeds: فحشاء و منکر&lt;br /&gt;
*disengagement: عدم تعهد&lt;br /&gt;
*unreliable conjecture (zann): ظن غیر معتبر&lt;br /&gt;
*Istihsan (juristic preference): استحسان&lt;br /&gt;
*pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف&lt;br /&gt;
*enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Guardianship (Wilayah)&lt;br /&gt;
*non-litigious matters (al-omour al-hesbiah)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Ijtihad: اجتهاد&lt;br /&gt;
*[[rule of the bed (qā&#039;idat al-firāsh)]] : قاعده فراش&lt;br /&gt;
*&#039;&#039;&#039;Artificial Procreation: انجاب/تولید مثل&#039;&#039;&#039;&lt;br /&gt;
*Common Religious Consciousness: ارتکاز&lt;br /&gt;
*Declaratory Law: حکم تکلیفی&lt;br /&gt;
*Unrelated individual person/ Non-mahram: نامحرم&lt;br /&gt;
*scenario: فرض (فقهی)&lt;br /&gt;
*prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود&lt;br /&gt;
*Coitus: نزدیکی جنسی &lt;br /&gt;
*IVF: لقاح خارج از رحم&lt;br /&gt;
*The Principle of Precaution: اصالة الاحتیاط&lt;br /&gt;
*Recipient (Gestational mother): صاحب رحم&lt;br /&gt;
*Transplantation: پیوند (اعضای بدن)&lt;br /&gt;
*Rational purpose: غرض عقلایی&lt;br /&gt;
*Undue hardship: حرج&lt;br /&gt;
*Consummated marriage: زنی که با او نزدیکی شده&lt;br /&gt;
*Marital prohibitions (&#039;&#039;Mahramiyah&#039;&#039;): حرمت نکاح&lt;br /&gt;
*Ensoulment (&#039;&#039;Nafkh al-Rūḥ&#039;&#039;): ولوج روح&lt;br /&gt;
*Quranic Deduction: استنباط از قرآن&lt;br /&gt;
*Provenance: صدور&lt;br /&gt;
*Semantical: دلالت&lt;br /&gt;
*Conventional language: زبان عرفی&lt;br /&gt;
*The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت&lt;br /&gt;
*Evolutionary nature of knowledge: تکمیل معرفت بشری&lt;br /&gt;
*Intellect: عقل در اصطلاح فقهی&lt;br /&gt;
*scholar: روحانی، آخوند&lt;br /&gt;
*Biographical Evaluation: رجال&lt;br /&gt;
*Guardianship of the Jurist: ولایت فقیه&lt;br /&gt;
*Inerrancy: عصمت&lt;br /&gt;
*The Infallibles: معصومین&lt;br /&gt;
*Apprehended Significance: دلالت تصوری&lt;br /&gt;
*Preferability: ارجحیت&lt;br /&gt;
*Variable Rulings: احکام متغیر&lt;br /&gt;
*Superseded or rendered void: حکمی که دیگر کارکرد ندارد&lt;br /&gt;
*Traditionalist Jurisprudence: فقه سنتی&lt;br /&gt;
*Teleological: غایت گرا&lt;br /&gt;
*State-centric Jurisprudence: فقه حکومتی&lt;br /&gt;
*Legal Derivation: استنباط احکام&lt;br /&gt;
*Laypeople: مقلد&lt;br /&gt;
*Solitary Tradition: خبر واحد&lt;br /&gt;
*Forbidden Medicaments: درمان با محرمات&lt;br /&gt;
*Jurisprudential Inquiries: استفتائات&lt;br /&gt;
*Medical Screening: غربالگری&lt;br /&gt;
*Civil Liability: ضمان قهری&lt;br /&gt;
*State of Necessity: قاعده الضرورات تبیح المحظورات&lt;br /&gt;
*Inebriants: مسکرات&lt;br /&gt;
*Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه&lt;br /&gt;
*The Public Treasury: بیت المال&lt;br /&gt;
*Violation of Professional Oaths: نقض قسم&lt;br /&gt;
*Illicit Enrichment: اکل مال به باطل&lt;br /&gt;
*Rule of Liability: قاعده ضمان&lt;br /&gt;
*Direct Skin-to-Skin Contact: لمس بدون واسطه&lt;br /&gt;
*Legal Incompetents: فرد محجور&lt;br /&gt;
*Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی&lt;br /&gt;
*Emergent Jurisprudential Issues: مسائل مستحدثه&lt;br /&gt;
*The Practice of the Religious Community: سیره متشرعه&lt;br /&gt;
*Linguistic Principles: اصول لفظیه&lt;br /&gt;
*Practical Principles: اصول عملیه&lt;br /&gt;
*Juridical Consensus:  اجماع فقهی&lt;br /&gt;
*General Evidences: قواعد عام فقهی&lt;br /&gt;
*Legal Presumption: اصل (در مقام شک)&lt;br /&gt;
*Gender Intermixing: اختلاط زن و مرد&lt;br /&gt;
*Inherent Dignity: کرامت انسانی&lt;br /&gt;
*Financial Maintenance: نفقه&lt;br /&gt;
*The Conduct of the Rational: سیره عقلاء&lt;br /&gt;
*Divine Revelation: وحی&lt;br /&gt;
&lt;br /&gt;
== الگوهای دانشنامه ==&lt;br /&gt;
* This category is created for articles related to [Name of the Person].&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2742</id>
		<title>User:Sarfipour</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2742"/>
		<updated>2026-05-12T08:55:24Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* اصطلاحات */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;== اعلام ==&lt;br /&gt;
=== نام های خاص عربی ===&lt;br /&gt;
&lt;br /&gt;
* [[Abd al-Rahman al-Jaziri]]&lt;br /&gt;
&lt;br /&gt;
=== نام کتاب ===&lt;br /&gt;
&lt;br /&gt;
* [[Misbah al-Fiqahah]]&lt;br /&gt;
* Salsabil fi Usul al-Tajzi&#039;ah wa al-I&#039;rab&lt;br /&gt;
&lt;br /&gt;
===نام‌ها===&lt;br /&gt;
* Mousa: موسی&lt;br /&gt;
* Mohammad Ishaq : محمداسحاق&lt;br /&gt;
* Abolqassem: ابوالقاسم&lt;br /&gt;
* Mohammad Sadeq: محمدصادق&lt;br /&gt;
* Taqi: تقی&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Javad: جواد&lt;br /&gt;
* Mohammad Javad: محمدجواد&lt;br /&gt;
* Lotfollah: لطف الله&lt;br /&gt;
* Ahmad: احمد&lt;br /&gt;
* Mohammad Baqer: محمدباقر&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Ja&#039;far: جعفر&lt;br /&gt;
* Fazlollah: فضل الله&lt;br /&gt;
* Abdolkarim: عبدالکریم&lt;br /&gt;
===نام‌های خانوادگی===&lt;br /&gt;
* Fayyaz: فیاض&lt;br /&gt;
* Musavi: موسوی&lt;br /&gt;
* Khoei: خوئی&lt;br /&gt;
* Rohani: روحانی&lt;br /&gt;
* Mohaqqeq: محقق&lt;br /&gt;
* Karaki: کرکی&lt;br /&gt;
* Tabatabaei: طباطبائی&lt;br /&gt;
* Qomi: قمی&lt;br /&gt;
* Tabrizi: تبریزی&lt;br /&gt;
* Shubairi: شبیری&lt;br /&gt;
* Zanjani: زنجانی&lt;br /&gt;
* Fazel: فاضل&lt;br /&gt;
* Lankarani: لنکرانی&lt;br /&gt;
* Safi: صافی&lt;br /&gt;
* Golpaygani: گلپایگانی&lt;br /&gt;
* Alidoost: علیدوست&lt;br /&gt;
* Mulla: ملا&lt;br /&gt;
* Naraqi: نراقی&lt;br /&gt;
* Majlesi: مجلسی&lt;br /&gt;
* Gilani: گیلانی&lt;br /&gt;
* Kashfi: کشفی&lt;br /&gt;
* Nouri: نوری&lt;br /&gt;
* Haeri: حائری&lt;br /&gt;
* Yazdi: یزدی&lt;br /&gt;
* Haghighat: حقیقت&lt;br /&gt;
&lt;br /&gt;
== اصطلاحات ==&lt;br /&gt;
* [[disliked (makruh)]]&lt;br /&gt;
* no necessary connection  : ملازمه منجزی&lt;br /&gt;
* sayyid&lt;br /&gt;
* contemporary scholars of Usul al-fiqh : فقهای اصولی&lt;br /&gt;
* [[Maliki school]]&lt;br /&gt;
* [[Shafi&#039;i school]]&lt;br /&gt;
* Advanced Jurisprudence (Kharij) : خارج فقه&lt;br /&gt;
* the principle of interdependence: قاعده ملازمه&lt;br /&gt;
* principle of interdependence at the macro level : قاعده ملازمه کبروی&lt;br /&gt;
*Rational proof of innocence: برائت عقلی&lt;br /&gt;
*Rational precaution: احتیاط عقلی&lt;br /&gt;
*the repugnance of punishment without warning (qubh al-&#039;iqab bila bayan)&lt;br /&gt;
*the right of obedience (haqq al-ta&#039;ah)&lt;br /&gt;
*[[age of occultation (ghaybah)]]&lt;br /&gt;
*fundamental boundaries: خطوط قرمز در اصطلاح فقهی&lt;br /&gt;
*Istislah (public interest)&lt;br /&gt;
*abominations and evil deeds: فحشاء و منکر&lt;br /&gt;
*disengagement: عدم تعهد&lt;br /&gt;
*unreliable conjecture (zann): ظن غیر معتبر&lt;br /&gt;
*Istihsan (juristic preference): استحسان&lt;br /&gt;
*pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف&lt;br /&gt;
*enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Guardianship (Wilayah)&lt;br /&gt;
*non-litigious matters (al-omour al-hesbiah)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Ijtihad: اجتهاد&lt;br /&gt;
*[[rule of the bed (qā&#039;idat al-firāsh)]] : قاعده فراش&lt;br /&gt;
*&#039;&#039;&#039;Artificial Procreation: انجاب/تولید مثل&#039;&#039;&#039;&lt;br /&gt;
*Common Religious Consciousness: ارتکاز&lt;br /&gt;
*Declaratory Law: حکم تکلیفی&lt;br /&gt;
*Unrelated individual person/ Non-mahram: نامحرم&lt;br /&gt;
*scenario: فرض (فقهی)&lt;br /&gt;
*prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود&lt;br /&gt;
*Coitus: نزدیکی جنسی &lt;br /&gt;
*IVF: لقاح خارج از رحم&lt;br /&gt;
*The Principle of Precaution: اصالة الاحتیاط&lt;br /&gt;
*Recipient (Gestational mother): صاحب رحم&lt;br /&gt;
*Transplantation: پیوند (اعضای بدن)&lt;br /&gt;
*Rational purpose: غرض عقلایی&lt;br /&gt;
*Undue hardship: حرج&lt;br /&gt;
*Consummated marriage: زنی که با او نزدیکی شده&lt;br /&gt;
*Marital prohibitions (&#039;&#039;Mahramiyah&#039;&#039;): حرمت نکاح&lt;br /&gt;
*Ensoulment (&#039;&#039;Nafkh al-Rūḥ&#039;&#039;): ولوج روح&lt;br /&gt;
*Quranic Deduction: استنباط از قرآن&lt;br /&gt;
*Provenance: صدور&lt;br /&gt;
*Semantical: دلالت&lt;br /&gt;
*Conventional language: زبان عرفی&lt;br /&gt;
*The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت&lt;br /&gt;
*Evolutionary nature of knowledge: تکمیل معرفت بشری&lt;br /&gt;
*Intellect: عقل در اصطلاح فقهی&lt;br /&gt;
*scholar: روحانی، آخوند&lt;br /&gt;
*Biographical Evaluation: رجال&lt;br /&gt;
*Guardianship of the Jurist: ولایت فقیه&lt;br /&gt;
*Inerrancy: عصمت&lt;br /&gt;
*The Infallibles: معصومین&lt;br /&gt;
*Apprehended Significance: دلالت تصوری&lt;br /&gt;
*Preferability: ارجحیت&lt;br /&gt;
*Variable Rulings: احکام متغیر&lt;br /&gt;
*Superseded or rendered void: حکمی که دیگر کارکرد ندارد&lt;br /&gt;
*Traditionalist Jurisprudence: فقه سنتی&lt;br /&gt;
*Teleological: غایت گرا&lt;br /&gt;
*State-centric Jurisprudence: فقه حکومتی&lt;br /&gt;
*Legal Derivation: استنباط احکام&lt;br /&gt;
*Laypeople: مقلد&lt;br /&gt;
*Solitary Tradition: خبر واحد&lt;br /&gt;
*Forbidden Medicaments: درمان با محرمات&lt;br /&gt;
*Jurisprudential Inquiries: استفتائات&lt;br /&gt;
*Medical Screening: غربالگری&lt;br /&gt;
*Civil Liability: ضمان قهری&lt;br /&gt;
*State of Necessity: قاعده الضرورات تبیح المحظورات&lt;br /&gt;
*Inebriants: مسکرات&lt;br /&gt;
*Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه&lt;br /&gt;
*The Public Treasury: بیت المال&lt;br /&gt;
*Violation of Professional Oaths: نقض قسم&lt;br /&gt;
*Illicit Enrichment: اکل مال به باطل&lt;br /&gt;
*Rule of Liability: قاعده ضمان&lt;br /&gt;
*Direct Skin-to-Skin Contact: لمس بدون واسطه&lt;br /&gt;
*Legal Incompetents: فرد محجور&lt;br /&gt;
*Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی&lt;br /&gt;
*Emergent Jurisprudential Issues: مسائل مستحدثه&lt;br /&gt;
*The Practice of the Religious Community: سیره متشرعه&lt;br /&gt;
*Linguistic Principles: اصول لفظیه&lt;br /&gt;
*Practical Principles: اصول عملیه&lt;br /&gt;
*Juridical Consensus:  اجماع فقهی&lt;br /&gt;
*General Evidences: قواعد عام فقهی&lt;br /&gt;
*Legal Presumption: اصل (در مقام شک)&lt;br /&gt;
*Gender Intermixing: اختلاط زن و مرد&lt;br /&gt;
*Inherent Dignity: کرامت انسانی&lt;br /&gt;
*Financial Maintenance: نفقه&lt;br /&gt;
*The Conduct of the Rational: سیره عقلاء&lt;br /&gt;
&lt;br /&gt;
== الگوهای دانشنامه ==&lt;br /&gt;
* This category is created for articles related to [Name of the Person].&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2741</id>
		<title>User:Sarfipour</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2741"/>
		<updated>2026-05-12T08:53:54Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* اصطلاحات */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;== اعلام ==&lt;br /&gt;
=== نام های خاص عربی ===&lt;br /&gt;
&lt;br /&gt;
* [[Abd al-Rahman al-Jaziri]]&lt;br /&gt;
&lt;br /&gt;
=== نام کتاب ===&lt;br /&gt;
&lt;br /&gt;
* [[Misbah al-Fiqahah]]&lt;br /&gt;
* Salsabil fi Usul al-Tajzi&#039;ah wa al-I&#039;rab&lt;br /&gt;
&lt;br /&gt;
===نام‌ها===&lt;br /&gt;
* Mousa: موسی&lt;br /&gt;
* Mohammad Ishaq : محمداسحاق&lt;br /&gt;
* Abolqassem: ابوالقاسم&lt;br /&gt;
* Mohammad Sadeq: محمدصادق&lt;br /&gt;
* Taqi: تقی&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Javad: جواد&lt;br /&gt;
* Mohammad Javad: محمدجواد&lt;br /&gt;
* Lotfollah: لطف الله&lt;br /&gt;
* Ahmad: احمد&lt;br /&gt;
* Mohammad Baqer: محمدباقر&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Ja&#039;far: جعفر&lt;br /&gt;
* Fazlollah: فضل الله&lt;br /&gt;
* Abdolkarim: عبدالکریم&lt;br /&gt;
===نام‌های خانوادگی===&lt;br /&gt;
* Fayyaz: فیاض&lt;br /&gt;
* Musavi: موسوی&lt;br /&gt;
* Khoei: خوئی&lt;br /&gt;
* Rohani: روحانی&lt;br /&gt;
* Mohaqqeq: محقق&lt;br /&gt;
* Karaki: کرکی&lt;br /&gt;
* Tabatabaei: طباطبائی&lt;br /&gt;
* Qomi: قمی&lt;br /&gt;
* Tabrizi: تبریزی&lt;br /&gt;
* Shubairi: شبیری&lt;br /&gt;
* Zanjani: زنجانی&lt;br /&gt;
* Fazel: فاضل&lt;br /&gt;
* Lankarani: لنکرانی&lt;br /&gt;
* Safi: صافی&lt;br /&gt;
* Golpaygani: گلپایگانی&lt;br /&gt;
* Alidoost: علیدوست&lt;br /&gt;
* Mulla: ملا&lt;br /&gt;
* Naraqi: نراقی&lt;br /&gt;
* Majlesi: مجلسی&lt;br /&gt;
* Gilani: گیلانی&lt;br /&gt;
* Kashfi: کشفی&lt;br /&gt;
* Nouri: نوری&lt;br /&gt;
* Haeri: حائری&lt;br /&gt;
* Yazdi: یزدی&lt;br /&gt;
* Haghighat: حقیقت&lt;br /&gt;
&lt;br /&gt;
== اصطلاحات ==&lt;br /&gt;
* [[disliked (makruh)]]&lt;br /&gt;
* no necessary connection  : ملازمه منجزی&lt;br /&gt;
* sayyid&lt;br /&gt;
* contemporary scholars of Usul al-fiqh : فقهای اصولی&lt;br /&gt;
* [[Maliki school]]&lt;br /&gt;
* [[Shafi&#039;i school]]&lt;br /&gt;
* Advanced Jurisprudence (Kharij) : خارج فقه&lt;br /&gt;
* the principle of interdependence: قاعده ملازمه&lt;br /&gt;
* principle of interdependence at the macro level : قاعده ملازمه کبروی&lt;br /&gt;
*Rational proof of innocence: برائت عقلی&lt;br /&gt;
*Rational precaution: احتیاط عقلی&lt;br /&gt;
*the repugnance of punishment without warning (qubh al-&#039;iqab bila bayan)&lt;br /&gt;
*the right of obedience (haqq al-ta&#039;ah)&lt;br /&gt;
*[[age of occultation (ghaybah)]]&lt;br /&gt;
*fundamental boundaries: خطوط قرمز در اصطلاح فقهی&lt;br /&gt;
*Istislah (public interest)&lt;br /&gt;
*abominations and evil deeds: فحشاء و منکر&lt;br /&gt;
*disengagement: عدم تعهد&lt;br /&gt;
*unreliable conjecture (zann): ظن غیر معتبر&lt;br /&gt;
*Istihsan (juristic preference): استحسان&lt;br /&gt;
*pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف&lt;br /&gt;
*enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Guardianship (Wilayah)&lt;br /&gt;
*non-litigious matters (al-omour al-hesbiah)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Ijtihad: اجتهاد&lt;br /&gt;
*[[rule of the bed (qā&#039;idat al-firāsh)]] : قاعده فراش&lt;br /&gt;
*&#039;&#039;&#039;Artificial Procreation: انجاب/تولید مثل&#039;&#039;&#039;&lt;br /&gt;
*Common Religious Consciousness: ارتکاز&lt;br /&gt;
*Declaratory Law: حکم تکلیفی&lt;br /&gt;
*Unrelated individual person/ Non-mahram: نامحرم&lt;br /&gt;
*scenario: فرض (فقهی)&lt;br /&gt;
*prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود&lt;br /&gt;
*Coitus: نزدیکی جنسی &lt;br /&gt;
*IVF: لقاح خارج از رحم&lt;br /&gt;
*The Principle of Precaution: اصالة الاحتیاط&lt;br /&gt;
*Recipient (Gestational mother): صاحب رحم&lt;br /&gt;
*Transplantation: پیوند (اعضای بدن)&lt;br /&gt;
*Rational purpose: غرض عقلایی&lt;br /&gt;
*Undue hardship: حرج&lt;br /&gt;
*Consummated marriage: زنی که با او نزدیکی شده&lt;br /&gt;
*Marital prohibitions (&#039;&#039;Mahramiyah&#039;&#039;): حرمت نکاح&lt;br /&gt;
*Ensoulment (&#039;&#039;Nafkh al-Rūḥ&#039;&#039;): ولوج روح&lt;br /&gt;
*Quranic Deduction: استنباط از قرآن&lt;br /&gt;
*Provenance: صدور&lt;br /&gt;
*Semantical: دلالت&lt;br /&gt;
*Conventional language: زبان عرفی&lt;br /&gt;
*The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت&lt;br /&gt;
*Evolutionary nature of knowledge: تکمیل معرفت بشری&lt;br /&gt;
*Intellect: عقل در اصطلاح فقهی&lt;br /&gt;
*scholar: روحانی، آخوند&lt;br /&gt;
*Biographical Evaluation: رجال&lt;br /&gt;
*Guardianship of the Jurist: ولایت فقیه&lt;br /&gt;
*Inerrancy: عصمت&lt;br /&gt;
*The Infallibles: معصومین&lt;br /&gt;
*Apprehended Significance: دلالت تصوری&lt;br /&gt;
*Preferability: ارجحیت&lt;br /&gt;
*Variable Rulings: احکام متغیر&lt;br /&gt;
*Superseded or rendered void: حکمی که دیگر کارکرد ندارد&lt;br /&gt;
*Traditionalist Jurisprudence: فقه سنتی&lt;br /&gt;
*Teleological: غایت گرا&lt;br /&gt;
*State-centric Jurisprudence: فقه حکومتی&lt;br /&gt;
*Legal Derivation: استنباط احکام&lt;br /&gt;
*Laypeople: مقلد&lt;br /&gt;
*Solitary Tradition: خبر واحد&lt;br /&gt;
*Forbidden Medicaments: درمان با محرمات&lt;br /&gt;
*Jurisprudential Inquiries: استفتائات&lt;br /&gt;
*Medical Screening: غربالگری&lt;br /&gt;
*Civil Liability: ضمان قهری&lt;br /&gt;
*State of Necessity: قاعده الضرورات تبیح المحظورات&lt;br /&gt;
*Inebriants: مسکرات&lt;br /&gt;
*Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه&lt;br /&gt;
*The Public Treasury: بیت المال&lt;br /&gt;
*Violation of Professional Oaths: نقض قسم&lt;br /&gt;
*Illicit Enrichment: اکل مال به باطل&lt;br /&gt;
*Rule of Liability: قاعده ضمان&lt;br /&gt;
*Direct Skin-to-Skin Contact: لمس بدون واسطه&lt;br /&gt;
*Legal Incompetents: فرد محجور&lt;br /&gt;
*Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی&lt;br /&gt;
*Emergent Jurisprudential Issues: مسائل مستحدثه&lt;br /&gt;
*The Practice of the Religious Community: سیره متشرعه&lt;br /&gt;
*Linguistic Principles: اصول لفظیه&lt;br /&gt;
*Practical Principles: اصول عملیه&lt;br /&gt;
*Juridical Consensus:  اجماع فقهی&lt;br /&gt;
*General Evidences: قواعد عام فقهی&lt;br /&gt;
*Legal Presumption: اصل (در مقام شک)&lt;br /&gt;
*Gender Intermixing: اختلاط زن و مرد&lt;br /&gt;
*Inherent Dignity: کرامت انسانی&lt;br /&gt;
*Financial Maintenance: نفقه&lt;br /&gt;
&lt;br /&gt;
== الگوهای دانشنامه ==&lt;br /&gt;
* This category is created for articles related to [Name of the Person].&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2740</id>
		<title>User:Sarfipour</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2740"/>
		<updated>2026-05-12T08:06:03Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* اصطلاحات */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;== اعلام ==&lt;br /&gt;
=== نام های خاص عربی ===&lt;br /&gt;
&lt;br /&gt;
* [[Abd al-Rahman al-Jaziri]]&lt;br /&gt;
&lt;br /&gt;
=== نام کتاب ===&lt;br /&gt;
&lt;br /&gt;
* [[Misbah al-Fiqahah]]&lt;br /&gt;
* Salsabil fi Usul al-Tajzi&#039;ah wa al-I&#039;rab&lt;br /&gt;
&lt;br /&gt;
===نام‌ها===&lt;br /&gt;
* Mousa: موسی&lt;br /&gt;
* Mohammad Ishaq : محمداسحاق&lt;br /&gt;
* Abolqassem: ابوالقاسم&lt;br /&gt;
* Mohammad Sadeq: محمدصادق&lt;br /&gt;
* Taqi: تقی&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Javad: جواد&lt;br /&gt;
* Mohammad Javad: محمدجواد&lt;br /&gt;
* Lotfollah: لطف الله&lt;br /&gt;
* Ahmad: احمد&lt;br /&gt;
* Mohammad Baqer: محمدباقر&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Ja&#039;far: جعفر&lt;br /&gt;
* Fazlollah: فضل الله&lt;br /&gt;
* Abdolkarim: عبدالکریم&lt;br /&gt;
===نام‌های خانوادگی===&lt;br /&gt;
* Fayyaz: فیاض&lt;br /&gt;
* Musavi: موسوی&lt;br /&gt;
* Khoei: خوئی&lt;br /&gt;
* Rohani: روحانی&lt;br /&gt;
* Mohaqqeq: محقق&lt;br /&gt;
* Karaki: کرکی&lt;br /&gt;
* Tabatabaei: طباطبائی&lt;br /&gt;
* Qomi: قمی&lt;br /&gt;
* Tabrizi: تبریزی&lt;br /&gt;
* Shubairi: شبیری&lt;br /&gt;
* Zanjani: زنجانی&lt;br /&gt;
* Fazel: فاضل&lt;br /&gt;
* Lankarani: لنکرانی&lt;br /&gt;
* Safi: صافی&lt;br /&gt;
* Golpaygani: گلپایگانی&lt;br /&gt;
* Alidoost: علیدوست&lt;br /&gt;
* Mulla: ملا&lt;br /&gt;
* Naraqi: نراقی&lt;br /&gt;
* Majlesi: مجلسی&lt;br /&gt;
* Gilani: گیلانی&lt;br /&gt;
* Kashfi: کشفی&lt;br /&gt;
* Nouri: نوری&lt;br /&gt;
* Haeri: حائری&lt;br /&gt;
* Yazdi: یزدی&lt;br /&gt;
* Haghighat: حقیقت&lt;br /&gt;
&lt;br /&gt;
== اصطلاحات ==&lt;br /&gt;
* [[disliked (makruh)]]&lt;br /&gt;
* no necessary connection  : ملازمه منجزی&lt;br /&gt;
* sayyid&lt;br /&gt;
* contemporary scholars of Usul al-fiqh : فقهای اصولی&lt;br /&gt;
* [[Maliki school]]&lt;br /&gt;
* [[Shafi&#039;i school]]&lt;br /&gt;
* Advanced Jurisprudence (Kharij) : خارج فقه&lt;br /&gt;
* the principle of interdependence: قاعده ملازمه&lt;br /&gt;
* principle of interdependence at the macro level : قاعده ملازمه کبروی&lt;br /&gt;
*Rational proof of innocence: برائت عقلی&lt;br /&gt;
*Rational precaution: احتیاط عقلی&lt;br /&gt;
*the repugnance of punishment without warning (qubh al-&#039;iqab bila bayan)&lt;br /&gt;
*the right of obedience (haqq al-ta&#039;ah)&lt;br /&gt;
*[[age of occultation (ghaybah)]]&lt;br /&gt;
*fundamental boundaries: خطوط قرمز در اصطلاح فقهی&lt;br /&gt;
*Istislah (public interest)&lt;br /&gt;
*abominations and evil deeds: فحشاء و منکر&lt;br /&gt;
*disengagement: عدم تعهد&lt;br /&gt;
*unreliable conjecture (zann): ظن غیر معتبر&lt;br /&gt;
*Istihsan (juristic preference): استحسان&lt;br /&gt;
*pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف&lt;br /&gt;
*enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Guardianship (Wilayah)&lt;br /&gt;
*non-litigious matters (al-omour al-hesbiah)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Ijtihad: اجتهاد&lt;br /&gt;
*[[rule of the bed (qā&#039;idat al-firāsh)]] : قاعده فراش&lt;br /&gt;
*&#039;&#039;&#039;Artificial Procreation: انجاب/تولید مثل&#039;&#039;&#039;&lt;br /&gt;
*Common Religious Consciousness: ارتکاز&lt;br /&gt;
*Declaratory Law: حکم تکلیفی&lt;br /&gt;
*Unrelated individual person/ Non-mahram: نامحرم&lt;br /&gt;
*scenario: فرض (فقهی)&lt;br /&gt;
*prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود&lt;br /&gt;
*Coitus: نزدیکی جنسی &lt;br /&gt;
*IVF: لقاح خارج از رحم&lt;br /&gt;
*The Principle of Precaution: اصالة الاحتیاط&lt;br /&gt;
*Recipient (Gestational mother): صاحب رحم&lt;br /&gt;
*Transplantation: پیوند (اعضای بدن)&lt;br /&gt;
*Rational purpose: غرض عقلایی&lt;br /&gt;
*Undue hardship: حرج&lt;br /&gt;
*Consummated marriage: زنی که با او نزدیکی شده&lt;br /&gt;
*Marital prohibitions (&#039;&#039;Mahramiyah&#039;&#039;): حرمت نکاح&lt;br /&gt;
*Ensoulment (&#039;&#039;Nafkh al-Rūḥ&#039;&#039;): ولوج روح&lt;br /&gt;
*Quranic Deduction: استنباط از قرآن&lt;br /&gt;
*Provenance: صدور&lt;br /&gt;
*Semantical: دلالت&lt;br /&gt;
*Conventional language: زبان عرفی&lt;br /&gt;
*The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت&lt;br /&gt;
*Evolutionary nature of knowledge: تکمیل معرفت بشری&lt;br /&gt;
*Intellect: عقل در اصطلاح فقهی&lt;br /&gt;
*scholar: روحانی، آخوند&lt;br /&gt;
*Biographical Evaluation: رجال&lt;br /&gt;
*Guardianship of the Jurist: ولایت فقیه&lt;br /&gt;
*Inerrancy: عصمت&lt;br /&gt;
*The Infallibles: معصومین&lt;br /&gt;
*Apprehended Significance: دلالت تصوری&lt;br /&gt;
*Preferability: ارجحیت&lt;br /&gt;
*Variable Rulings: احکام متغیر&lt;br /&gt;
*Superseded or rendered void: حکمی که دیگر کارکرد ندارد&lt;br /&gt;
*Traditionalist Jurisprudence: فقه سنتی&lt;br /&gt;
*Teleological: غایت گرا&lt;br /&gt;
*State-centric Jurisprudence: فقه حکومتی&lt;br /&gt;
*Legal Derivation: استنباط احکام&lt;br /&gt;
*Laypeople: مقلد&lt;br /&gt;
*Solitary Tradition: خبر واحد&lt;br /&gt;
*Forbidden Medicaments: درمان با محرمات&lt;br /&gt;
*Jurisprudential Inquiries: استفتائات&lt;br /&gt;
*Medical Screening: غربالگری&lt;br /&gt;
*Civil Liability: ضمان قهری&lt;br /&gt;
*State of Necessity: قاعده الضرورات تبیح المحظورات&lt;br /&gt;
*Inebriants: مسکرات&lt;br /&gt;
*Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه&lt;br /&gt;
*The Public Treasury: بیت المال&lt;br /&gt;
*Violation of Professional Oaths: نقض قسم&lt;br /&gt;
*Illicit Enrichment: اکل مال به باطل&lt;br /&gt;
*Rule of Liability: قاعده ضمان&lt;br /&gt;
*Direct Skin-to-Skin Contact: لمس بدون واسطه&lt;br /&gt;
*Legal Incompetents: فرد محجور&lt;br /&gt;
*Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی&lt;br /&gt;
*Emergent Jurisprudential Issues: مسائل مستحدثه&lt;br /&gt;
*The Practice of the Religious Community: سیره متشرعه&lt;br /&gt;
*Linguistic Principles: اصول لفظیه&lt;br /&gt;
*Practical Principles: اصول عملیه&lt;br /&gt;
*Juridical Consensus:  اجماع فقهی&lt;br /&gt;
*General Evidences: قواعد عام فقهی&lt;br /&gt;
*Legal Presumption: اصل (در مقام شک)&lt;br /&gt;
*Gender Intermixing: اختلاط زن و مرد&lt;br /&gt;
*Inherent Dignity: کرامت انسانی&lt;br /&gt;
&lt;br /&gt;
== الگوهای دانشنامه ==&lt;br /&gt;
* This category is created for articles related to [Name of the Person].&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2739</id>
		<title>User:Sarfipour</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2739"/>
		<updated>2026-05-12T07:39:04Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* اصطلاحات */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;== اعلام ==&lt;br /&gt;
=== نام های خاص عربی ===&lt;br /&gt;
&lt;br /&gt;
* [[Abd al-Rahman al-Jaziri]]&lt;br /&gt;
&lt;br /&gt;
=== نام کتاب ===&lt;br /&gt;
&lt;br /&gt;
* [[Misbah al-Fiqahah]]&lt;br /&gt;
* Salsabil fi Usul al-Tajzi&#039;ah wa al-I&#039;rab&lt;br /&gt;
&lt;br /&gt;
===نام‌ها===&lt;br /&gt;
* Mousa: موسی&lt;br /&gt;
* Mohammad Ishaq : محمداسحاق&lt;br /&gt;
* Abolqassem: ابوالقاسم&lt;br /&gt;
* Mohammad Sadeq: محمدصادق&lt;br /&gt;
* Taqi: تقی&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Javad: جواد&lt;br /&gt;
* Mohammad Javad: محمدجواد&lt;br /&gt;
* Lotfollah: لطف الله&lt;br /&gt;
* Ahmad: احمد&lt;br /&gt;
* Mohammad Baqer: محمدباقر&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Ja&#039;far: جعفر&lt;br /&gt;
* Fazlollah: فضل الله&lt;br /&gt;
* Abdolkarim: عبدالکریم&lt;br /&gt;
===نام‌های خانوادگی===&lt;br /&gt;
* Fayyaz: فیاض&lt;br /&gt;
* Musavi: موسوی&lt;br /&gt;
* Khoei: خوئی&lt;br /&gt;
* Rohani: روحانی&lt;br /&gt;
* Mohaqqeq: محقق&lt;br /&gt;
* Karaki: کرکی&lt;br /&gt;
* Tabatabaei: طباطبائی&lt;br /&gt;
* Qomi: قمی&lt;br /&gt;
* Tabrizi: تبریزی&lt;br /&gt;
* Shubairi: شبیری&lt;br /&gt;
* Zanjani: زنجانی&lt;br /&gt;
* Fazel: فاضل&lt;br /&gt;
* Lankarani: لنکرانی&lt;br /&gt;
* Safi: صافی&lt;br /&gt;
* Golpaygani: گلپایگانی&lt;br /&gt;
* Alidoost: علیدوست&lt;br /&gt;
* Mulla: ملا&lt;br /&gt;
* Naraqi: نراقی&lt;br /&gt;
* Majlesi: مجلسی&lt;br /&gt;
* Gilani: گیلانی&lt;br /&gt;
* Kashfi: کشفی&lt;br /&gt;
* Nouri: نوری&lt;br /&gt;
* Haeri: حائری&lt;br /&gt;
* Yazdi: یزدی&lt;br /&gt;
* Haghighat: حقیقت&lt;br /&gt;
&lt;br /&gt;
== اصطلاحات ==&lt;br /&gt;
* [[disliked (makruh)]]&lt;br /&gt;
* no necessary connection  : ملازمه منجزی&lt;br /&gt;
* sayyid&lt;br /&gt;
* contemporary scholars of Usul al-fiqh : فقهای اصولی&lt;br /&gt;
* [[Maliki school]]&lt;br /&gt;
* [[Shafi&#039;i school]]&lt;br /&gt;
* Advanced Jurisprudence (Kharij) : خارج فقه&lt;br /&gt;
* the principle of interdependence: قاعده ملازمه&lt;br /&gt;
* principle of interdependence at the macro level : قاعده ملازمه کبروی&lt;br /&gt;
*Rational proof of innocence: برائت عقلی&lt;br /&gt;
*Rational precaution: احتیاط عقلی&lt;br /&gt;
*the repugnance of punishment without warning (qubh al-&#039;iqab bila bayan)&lt;br /&gt;
*the right of obedience (haqq al-ta&#039;ah)&lt;br /&gt;
*[[age of occultation (ghaybah)]]&lt;br /&gt;
*fundamental boundaries: خطوط قرمز در اصطلاح فقهی&lt;br /&gt;
*Istislah (public interest)&lt;br /&gt;
*abominations and evil deeds: فحشاء و منکر&lt;br /&gt;
*disengagement: عدم تعهد&lt;br /&gt;
*unreliable conjecture (zann): ظن غیر معتبر&lt;br /&gt;
*Istihsan (juristic preference): استحسان&lt;br /&gt;
*pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف&lt;br /&gt;
*enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Guardianship (Wilayah)&lt;br /&gt;
*non-litigious matters (al-omour al-hesbiah)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Ijtihad: اجتهاد&lt;br /&gt;
*[[rule of the bed (qā&#039;idat al-firāsh)]] : قاعده فراش&lt;br /&gt;
*&#039;&#039;&#039;Artificial Procreation: انجاب/تولید مثل&#039;&#039;&#039;&lt;br /&gt;
*Common Religious Consciousness: ارتکاز&lt;br /&gt;
*Declaratory Law: حکم تکلیفی&lt;br /&gt;
*Unrelated individual person/ Non-mahram: نامحرم&lt;br /&gt;
*scenario: فرض (فقهی)&lt;br /&gt;
*prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود&lt;br /&gt;
*Coitus: نزدیکی جنسی &lt;br /&gt;
*IVF: لقاح خارج از رحم&lt;br /&gt;
*The Principle of Precaution: اصالة الاحتیاط&lt;br /&gt;
*Recipient (Gestational mother): صاحب رحم&lt;br /&gt;
*Transplantation: پیوند (اعضای بدن)&lt;br /&gt;
*Rational purpose: غرض عقلایی&lt;br /&gt;
*Undue hardship: حرج&lt;br /&gt;
*Consummated marriage: زنی که با او نزدیکی شده&lt;br /&gt;
*Marital prohibitions (&#039;&#039;Mahramiyah&#039;&#039;): حرمت نکاح&lt;br /&gt;
*Ensoulment (&#039;&#039;Nafkh al-Rūḥ&#039;&#039;): ولوج روح&lt;br /&gt;
*Quranic Deduction: استنباط از قرآن&lt;br /&gt;
*Provenance: صدور&lt;br /&gt;
*Semantical: دلالت&lt;br /&gt;
*Conventional language: زبان عرفی&lt;br /&gt;
*The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت&lt;br /&gt;
*Evolutionary nature of knowledge: تکمیل معرفت بشری&lt;br /&gt;
*Intellect: عقل در اصطلاح فقهی&lt;br /&gt;
*scholar: روحانی، آخوند&lt;br /&gt;
*Biographical Evaluation: رجال&lt;br /&gt;
*Guardianship of the Jurist: ولایت فقیه&lt;br /&gt;
*Inerrancy: عصمت&lt;br /&gt;
*The Infallibles: معصومین&lt;br /&gt;
*Apprehended Significance: دلالت تصوری&lt;br /&gt;
*Preferability: ارجحیت&lt;br /&gt;
*Variable Rulings: احکام متغیر&lt;br /&gt;
*Superseded or rendered void: حکمی که دیگر کارکرد ندارد&lt;br /&gt;
*Traditionalist Jurisprudence: فقه سنتی&lt;br /&gt;
*Teleological: غایت گرا&lt;br /&gt;
*State-centric Jurisprudence: فقه حکومتی&lt;br /&gt;
*Legal Derivation: استنباط احکام&lt;br /&gt;
*Laypeople: مقلد&lt;br /&gt;
*Solitary Tradition: خبر واحد&lt;br /&gt;
*Forbidden Medicaments: درمان با محرمات&lt;br /&gt;
*Jurisprudential Inquiries: استفتائات&lt;br /&gt;
*Medical Screening: غربالگری&lt;br /&gt;
*Civil Liability: ضمان قهری&lt;br /&gt;
*State of Necessity: قاعده الضرورات تبیح المحظورات&lt;br /&gt;
*Inebriants: مسکرات&lt;br /&gt;
*Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه&lt;br /&gt;
*The Public Treasury: بیت المال&lt;br /&gt;
*Violation of Professional Oaths: نقض قسم&lt;br /&gt;
*Illicit Enrichment: اکل مال به باطل&lt;br /&gt;
*Rule of Liability: قاعده ضمان&lt;br /&gt;
*Direct Skin-to-Skin Contact: لمس بدون واسطه&lt;br /&gt;
*Legal Incompetents: فرد محجور&lt;br /&gt;
*Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی&lt;br /&gt;
*Emergent Jurisprudential Issues: مسائل مستحدثه&lt;br /&gt;
*The Practice of the Religious Community: سیره متشرعه&lt;br /&gt;
*Linguistic Principles: اصول لفظیه&lt;br /&gt;
*Practical Principles: اصول عملیه&lt;br /&gt;
*Juridical Consensus:  اجماع فقهی&lt;br /&gt;
*General Evidences: قواعد عام فقهی&lt;br /&gt;
*Legal Presumption: اصل (در مقام شک)&lt;br /&gt;
*Gender Intermixing: اختلاط زن و مرد&lt;br /&gt;
&lt;br /&gt;
== الگوهای دانشنامه ==&lt;br /&gt;
* This category is created for articles related to [Name of the Person].&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2738</id>
		<title>User:Sarfipour</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2738"/>
		<updated>2026-05-11T14:08:39Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* اصطلاحات */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;== اعلام ==&lt;br /&gt;
=== نام های خاص عربی ===&lt;br /&gt;
&lt;br /&gt;
* [[Abd al-Rahman al-Jaziri]]&lt;br /&gt;
&lt;br /&gt;
=== نام کتاب ===&lt;br /&gt;
&lt;br /&gt;
* [[Misbah al-Fiqahah]]&lt;br /&gt;
* Salsabil fi Usul al-Tajzi&#039;ah wa al-I&#039;rab&lt;br /&gt;
&lt;br /&gt;
===نام‌ها===&lt;br /&gt;
* Mousa: موسی&lt;br /&gt;
* Mohammad Ishaq : محمداسحاق&lt;br /&gt;
* Abolqassem: ابوالقاسم&lt;br /&gt;
* Mohammad Sadeq: محمدصادق&lt;br /&gt;
* Taqi: تقی&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Javad: جواد&lt;br /&gt;
* Mohammad Javad: محمدجواد&lt;br /&gt;
* Lotfollah: لطف الله&lt;br /&gt;
* Ahmad: احمد&lt;br /&gt;
* Mohammad Baqer: محمدباقر&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Ja&#039;far: جعفر&lt;br /&gt;
* Fazlollah: فضل الله&lt;br /&gt;
* Abdolkarim: عبدالکریم&lt;br /&gt;
===نام‌های خانوادگی===&lt;br /&gt;
* Fayyaz: فیاض&lt;br /&gt;
* Musavi: موسوی&lt;br /&gt;
* Khoei: خوئی&lt;br /&gt;
* Rohani: روحانی&lt;br /&gt;
* Mohaqqeq: محقق&lt;br /&gt;
* Karaki: کرکی&lt;br /&gt;
* Tabatabaei: طباطبائی&lt;br /&gt;
* Qomi: قمی&lt;br /&gt;
* Tabrizi: تبریزی&lt;br /&gt;
* Shubairi: شبیری&lt;br /&gt;
* Zanjani: زنجانی&lt;br /&gt;
* Fazel: فاضل&lt;br /&gt;
* Lankarani: لنکرانی&lt;br /&gt;
* Safi: صافی&lt;br /&gt;
* Golpaygani: گلپایگانی&lt;br /&gt;
* Alidoost: علیدوست&lt;br /&gt;
* Mulla: ملا&lt;br /&gt;
* Naraqi: نراقی&lt;br /&gt;
* Majlesi: مجلسی&lt;br /&gt;
* Gilani: گیلانی&lt;br /&gt;
* Kashfi: کشفی&lt;br /&gt;
* Nouri: نوری&lt;br /&gt;
* Haeri: حائری&lt;br /&gt;
* Yazdi: یزدی&lt;br /&gt;
* Haghighat: حقیقت&lt;br /&gt;
&lt;br /&gt;
== اصطلاحات ==&lt;br /&gt;
* [[disliked (makruh)]]&lt;br /&gt;
* no necessary connection  : ملازمه منجزی&lt;br /&gt;
* sayyid&lt;br /&gt;
* contemporary scholars of Usul al-fiqh : فقهای اصولی&lt;br /&gt;
* [[Maliki school]]&lt;br /&gt;
* [[Shafi&#039;i school]]&lt;br /&gt;
* Advanced Jurisprudence (Kharij) : خارج فقه&lt;br /&gt;
* the principle of interdependence: قاعده ملازمه&lt;br /&gt;
* principle of interdependence at the macro level : قاعده ملازمه کبروی&lt;br /&gt;
*Rational proof of innocence: برائت عقلی&lt;br /&gt;
*Rational precaution: احتیاط عقلی&lt;br /&gt;
*the repugnance of punishment without warning (qubh al-&#039;iqab bila bayan)&lt;br /&gt;
*the right of obedience (haqq al-ta&#039;ah)&lt;br /&gt;
*[[age of occultation (ghaybah)]]&lt;br /&gt;
*fundamental boundaries: خطوط قرمز در اصطلاح فقهی&lt;br /&gt;
*Istislah (public interest)&lt;br /&gt;
*abominations and evil deeds: فحشاء و منکر&lt;br /&gt;
*disengagement: عدم تعهد&lt;br /&gt;
*unreliable conjecture (zann): ظن غیر معتبر&lt;br /&gt;
*Istihsan (juristic preference): استحسان&lt;br /&gt;
*pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف&lt;br /&gt;
*enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Guardianship (Wilayah)&lt;br /&gt;
*non-litigious matters (al-omour al-hesbiah)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Ijtihad: اجتهاد&lt;br /&gt;
*[[rule of the bed (qā&#039;idat al-firāsh)]] : قاعده فراش&lt;br /&gt;
*&#039;&#039;&#039;Artificial Procreation: انجاب/تولید مثل&#039;&#039;&#039;&lt;br /&gt;
*Common Religious Consciousness: ارتکاز&lt;br /&gt;
*Declaratory Law: حکم تکلیفی&lt;br /&gt;
*Unrelated individual person/ Non-mahram: نامحرم&lt;br /&gt;
*scenario: فرض (فقهی)&lt;br /&gt;
*prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود&lt;br /&gt;
*Coitus: نزدیکی جنسی &lt;br /&gt;
*IVF: لقاح خارج از رحم&lt;br /&gt;
*The Principle of Precaution: اصالة الاحتیاط&lt;br /&gt;
*Recipient (Gestational mother): صاحب رحم&lt;br /&gt;
*Transplantation: پیوند (اعضای بدن)&lt;br /&gt;
*Rational purpose: غرض عقلایی&lt;br /&gt;
*Undue hardship: حرج&lt;br /&gt;
*Consummated marriage: زنی که با او نزدیکی شده&lt;br /&gt;
*Marital prohibitions (&#039;&#039;Mahramiyah&#039;&#039;): حرمت نکاح&lt;br /&gt;
*Ensoulment (&#039;&#039;Nafkh al-Rūḥ&#039;&#039;): ولوج روح&lt;br /&gt;
*Quranic Deduction: استنباط از قرآن&lt;br /&gt;
*Provenance: صدور&lt;br /&gt;
*Semantical: دلالت&lt;br /&gt;
*Conventional language: زبان عرفی&lt;br /&gt;
*The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت&lt;br /&gt;
*Evolutionary nature of knowledge: تکمیل معرفت بشری&lt;br /&gt;
*Intellect: عقل در اصطلاح فقهی&lt;br /&gt;
*scholar: روحانی، آخوند&lt;br /&gt;
*Biographical Evaluation: رجال&lt;br /&gt;
*Guardianship of the Jurist: ولایت فقیه&lt;br /&gt;
*Inerrancy: عصمت&lt;br /&gt;
*The Infallibles: معصومین&lt;br /&gt;
*Apprehended Significance: دلالت تصوری&lt;br /&gt;
*Preferability: ارجحیت&lt;br /&gt;
*Variable Rulings: احکام متغیر&lt;br /&gt;
*Superseded or rendered void: حکمی که دیگر کارکرد ندارد&lt;br /&gt;
*Traditionalist Jurisprudence: فقه سنتی&lt;br /&gt;
*Teleological: غایت گرا&lt;br /&gt;
*State-centric Jurisprudence: فقه حکومتی&lt;br /&gt;
*Legal Derivation: استنباط احکام&lt;br /&gt;
*Laypeople: مقلد&lt;br /&gt;
*Solitary Tradition: خبر واحد&lt;br /&gt;
*Forbidden Medicaments: درمان با محرمات&lt;br /&gt;
*Jurisprudential Inquiries: استفتائات&lt;br /&gt;
*Medical Screening: غربالگری&lt;br /&gt;
*Civil Liability: ضمان قهری&lt;br /&gt;
*State of Necessity: قاعده الضرورات تبیح المحظورات&lt;br /&gt;
*Inebriants: مسکرات&lt;br /&gt;
*Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه&lt;br /&gt;
*The Public Treasury: بیت المال&lt;br /&gt;
*Violation of Professional Oaths: نقض قسم&lt;br /&gt;
*Illicit Enrichment: اکل مال به باطل&lt;br /&gt;
*Rule of Liability: قاعده ضمان&lt;br /&gt;
*Direct Skin-to-Skin Contact: لمس بدون واسطه&lt;br /&gt;
*Legal Incompetents: فرد محجور&lt;br /&gt;
*Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی&lt;br /&gt;
*Emergent Jurisprudential Issues: مسائل مستحدثه&lt;br /&gt;
*The Practice of the Religious Community: سیره متشرعه&lt;br /&gt;
*Linguistic Principles: اصول لفظیه&lt;br /&gt;
*Practical Principles: اصول عملیه&lt;br /&gt;
*Juridical Consensus:  اجماع فقهی&lt;br /&gt;
*General Evidences: قواعد عام فقهی&lt;br /&gt;
*Legal Presumption: اصل (در مقام شک)&lt;br /&gt;
&lt;br /&gt;
== الگوهای دانشنامه ==&lt;br /&gt;
* This category is created for articles related to [Name of the Person].&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2737</id>
		<title>User:Sarfipour</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2737"/>
		<updated>2026-05-11T14:04:24Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* اصطلاحات */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;== اعلام ==&lt;br /&gt;
=== نام های خاص عربی ===&lt;br /&gt;
&lt;br /&gt;
* [[Abd al-Rahman al-Jaziri]]&lt;br /&gt;
&lt;br /&gt;
=== نام کتاب ===&lt;br /&gt;
&lt;br /&gt;
* [[Misbah al-Fiqahah]]&lt;br /&gt;
* Salsabil fi Usul al-Tajzi&#039;ah wa al-I&#039;rab&lt;br /&gt;
&lt;br /&gt;
===نام‌ها===&lt;br /&gt;
* Mousa: موسی&lt;br /&gt;
* Mohammad Ishaq : محمداسحاق&lt;br /&gt;
* Abolqassem: ابوالقاسم&lt;br /&gt;
* Mohammad Sadeq: محمدصادق&lt;br /&gt;
* Taqi: تقی&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Javad: جواد&lt;br /&gt;
* Mohammad Javad: محمدجواد&lt;br /&gt;
* Lotfollah: لطف الله&lt;br /&gt;
* Ahmad: احمد&lt;br /&gt;
* Mohammad Baqer: محمدباقر&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Ja&#039;far: جعفر&lt;br /&gt;
* Fazlollah: فضل الله&lt;br /&gt;
* Abdolkarim: عبدالکریم&lt;br /&gt;
===نام‌های خانوادگی===&lt;br /&gt;
* Fayyaz: فیاض&lt;br /&gt;
* Musavi: موسوی&lt;br /&gt;
* Khoei: خوئی&lt;br /&gt;
* Rohani: روحانی&lt;br /&gt;
* Mohaqqeq: محقق&lt;br /&gt;
* Karaki: کرکی&lt;br /&gt;
* Tabatabaei: طباطبائی&lt;br /&gt;
* Qomi: قمی&lt;br /&gt;
* Tabrizi: تبریزی&lt;br /&gt;
* Shubairi: شبیری&lt;br /&gt;
* Zanjani: زنجانی&lt;br /&gt;
* Fazel: فاضل&lt;br /&gt;
* Lankarani: لنکرانی&lt;br /&gt;
* Safi: صافی&lt;br /&gt;
* Golpaygani: گلپایگانی&lt;br /&gt;
* Alidoost: علیدوست&lt;br /&gt;
* Mulla: ملا&lt;br /&gt;
* Naraqi: نراقی&lt;br /&gt;
* Majlesi: مجلسی&lt;br /&gt;
* Gilani: گیلانی&lt;br /&gt;
* Kashfi: کشفی&lt;br /&gt;
* Nouri: نوری&lt;br /&gt;
* Haeri: حائری&lt;br /&gt;
* Yazdi: یزدی&lt;br /&gt;
* Haghighat: حقیقت&lt;br /&gt;
&lt;br /&gt;
== اصطلاحات ==&lt;br /&gt;
* [[disliked (makruh)]]&lt;br /&gt;
* no necessary connection  : ملازمه منجزی&lt;br /&gt;
* sayyid&lt;br /&gt;
* contemporary scholars of Usul al-fiqh : فقهای اصولی&lt;br /&gt;
* [[Maliki school]]&lt;br /&gt;
* [[Shafi&#039;i school]]&lt;br /&gt;
* Advanced Jurisprudence (Kharij) : خارج فقه&lt;br /&gt;
* the principle of interdependence: قاعده ملازمه&lt;br /&gt;
* principle of interdependence at the macro level : قاعده ملازمه کبروی&lt;br /&gt;
*Rational proof of innocence: برائت عقلی&lt;br /&gt;
*Rational precaution: احتیاط عقلی&lt;br /&gt;
*the repugnance of punishment without warning (qubh al-&#039;iqab bila bayan)&lt;br /&gt;
*the right of obedience (haqq al-ta&#039;ah)&lt;br /&gt;
*[[age of occultation (ghaybah)]]&lt;br /&gt;
*fundamental boundaries: خطوط قرمز در اصطلاح فقهی&lt;br /&gt;
*Istislah (public interest)&lt;br /&gt;
*abominations and evil deeds: فحشاء و منکر&lt;br /&gt;
*disengagement: عدم تعهد&lt;br /&gt;
*unreliable conjecture (zann): ظن غیر معتبر&lt;br /&gt;
*Istihsan (juristic preference): استحسان&lt;br /&gt;
*pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف&lt;br /&gt;
*enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Guardianship (Wilayah)&lt;br /&gt;
*non-litigious matters (al-omour al-hesbiah)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Ijtihad: اجتهاد&lt;br /&gt;
*[[rule of the bed (qā&#039;idat al-firāsh)]] : قاعده فراش&lt;br /&gt;
*&#039;&#039;&#039;Artificial Procreation: انجاب/تولید مثل&#039;&#039;&#039;&lt;br /&gt;
*Common Religious Consciousness: ارتکاز&lt;br /&gt;
*Declaratory Law: حکم تکلیفی&lt;br /&gt;
*Unrelated individual person/ Non-mahram: نامحرم&lt;br /&gt;
*scenario: فرض (فقهی)&lt;br /&gt;
*prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود&lt;br /&gt;
*Coitus: نزدیکی جنسی &lt;br /&gt;
*IVF: لقاح خارج از رحم&lt;br /&gt;
*The Principle of Precaution: اصالة الاحتیاط&lt;br /&gt;
*Recipient (Gestational mother): صاحب رحم&lt;br /&gt;
*Transplantation: پیوند (اعضای بدن)&lt;br /&gt;
*Rational purpose: غرض عقلایی&lt;br /&gt;
*Undue hardship: حرج&lt;br /&gt;
*Consummated marriage: زنی که با او نزدیکی شده&lt;br /&gt;
*Marital prohibitions (&#039;&#039;Mahramiyah&#039;&#039;): حرمت نکاح&lt;br /&gt;
*Ensoulment (&#039;&#039;Nafkh al-Rūḥ&#039;&#039;): ولوج روح&lt;br /&gt;
*Quranic Deduction: استنباط از قرآن&lt;br /&gt;
*Provenance: صدور&lt;br /&gt;
*Semantical: دلالت&lt;br /&gt;
*Conventional language: زبان عرفی&lt;br /&gt;
*The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت&lt;br /&gt;
*Evolutionary nature of knowledge: تکمیل معرفت بشری&lt;br /&gt;
*Intellect: عقل در اصطلاح فقهی&lt;br /&gt;
*scholar: روحانی، آخوند&lt;br /&gt;
*Biographical Evaluation: رجال&lt;br /&gt;
*Guardianship of the Jurist: ولایت فقیه&lt;br /&gt;
*Inerrancy: عصمت&lt;br /&gt;
*The Infallibles: معصومین&lt;br /&gt;
*Apprehended Significance: دلالت تصوری&lt;br /&gt;
*Preferability: ارجحیت&lt;br /&gt;
*Variable Rulings: احکام متغیر&lt;br /&gt;
*Superseded or rendered void: حکمی که دیگر کارکرد ندارد&lt;br /&gt;
*Traditionalist Jurisprudence: فقه سنتی&lt;br /&gt;
*Teleological: غایت گرا&lt;br /&gt;
*State-centric Jurisprudence: فقه حکومتی&lt;br /&gt;
*Legal Derivation: استنباط احکام&lt;br /&gt;
*Laypeople: مقلد&lt;br /&gt;
*Solitary Tradition: خبر واحد&lt;br /&gt;
*Forbidden Medicaments: درمان با محرمات&lt;br /&gt;
*Jurisprudential Inquiries: استفتائات&lt;br /&gt;
*Medical Screening: غربالگری&lt;br /&gt;
*Civil Liability: ضمان قهری&lt;br /&gt;
*State of Necessity: قاعده الضرورات تبیح المحظورات&lt;br /&gt;
*Inebriants: مسکرات&lt;br /&gt;
*Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه&lt;br /&gt;
*The Public Treasury: بیت المال&lt;br /&gt;
*Violation of Professional Oaths: نقض قسم&lt;br /&gt;
*Illicit Enrichment: اکل مال به باطل&lt;br /&gt;
*Rule of Liability: قاعده ضمان&lt;br /&gt;
*Direct Skin-to-Skin Contact: لمس بدون واسطه&lt;br /&gt;
*Legal Incompetents: فرد محجور&lt;br /&gt;
*Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی&lt;br /&gt;
*Emergent Jurisprudential Issues: مسائل مستحدثه&lt;br /&gt;
*The Practice of the Religious Community: سیره متشرعه&lt;br /&gt;
*Linguistic Principles: اصول لفظیه&lt;br /&gt;
*Practical Principles: اصول عملیه&lt;br /&gt;
*Juridical Consensus:  اجماع فقهی&lt;br /&gt;
*General Evidences: قواعد عام فقهی&lt;br /&gt;
&lt;br /&gt;
== الگوهای دانشنامه ==&lt;br /&gt;
* This category is created for articles related to [Name of the Person].&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2736</id>
		<title>User:Sarfipour</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2736"/>
		<updated>2026-05-11T14:00:31Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* اصطلاحات */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;== اعلام ==&lt;br /&gt;
=== نام های خاص عربی ===&lt;br /&gt;
&lt;br /&gt;
* [[Abd al-Rahman al-Jaziri]]&lt;br /&gt;
&lt;br /&gt;
=== نام کتاب ===&lt;br /&gt;
&lt;br /&gt;
* [[Misbah al-Fiqahah]]&lt;br /&gt;
* Salsabil fi Usul al-Tajzi&#039;ah wa al-I&#039;rab&lt;br /&gt;
&lt;br /&gt;
===نام‌ها===&lt;br /&gt;
* Mousa: موسی&lt;br /&gt;
* Mohammad Ishaq : محمداسحاق&lt;br /&gt;
* Abolqassem: ابوالقاسم&lt;br /&gt;
* Mohammad Sadeq: محمدصادق&lt;br /&gt;
* Taqi: تقی&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Javad: جواد&lt;br /&gt;
* Mohammad Javad: محمدجواد&lt;br /&gt;
* Lotfollah: لطف الله&lt;br /&gt;
* Ahmad: احمد&lt;br /&gt;
* Mohammad Baqer: محمدباقر&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Ja&#039;far: جعفر&lt;br /&gt;
* Fazlollah: فضل الله&lt;br /&gt;
* Abdolkarim: عبدالکریم&lt;br /&gt;
===نام‌های خانوادگی===&lt;br /&gt;
* Fayyaz: فیاض&lt;br /&gt;
* Musavi: موسوی&lt;br /&gt;
* Khoei: خوئی&lt;br /&gt;
* Rohani: روحانی&lt;br /&gt;
* Mohaqqeq: محقق&lt;br /&gt;
* Karaki: کرکی&lt;br /&gt;
* Tabatabaei: طباطبائی&lt;br /&gt;
* Qomi: قمی&lt;br /&gt;
* Tabrizi: تبریزی&lt;br /&gt;
* Shubairi: شبیری&lt;br /&gt;
* Zanjani: زنجانی&lt;br /&gt;
* Fazel: فاضل&lt;br /&gt;
* Lankarani: لنکرانی&lt;br /&gt;
* Safi: صافی&lt;br /&gt;
* Golpaygani: گلپایگانی&lt;br /&gt;
* Alidoost: علیدوست&lt;br /&gt;
* Mulla: ملا&lt;br /&gt;
* Naraqi: نراقی&lt;br /&gt;
* Majlesi: مجلسی&lt;br /&gt;
* Gilani: گیلانی&lt;br /&gt;
* Kashfi: کشفی&lt;br /&gt;
* Nouri: نوری&lt;br /&gt;
* Haeri: حائری&lt;br /&gt;
* Yazdi: یزدی&lt;br /&gt;
* Haghighat: حقیقت&lt;br /&gt;
&lt;br /&gt;
== اصطلاحات ==&lt;br /&gt;
* [[disliked (makruh)]]&lt;br /&gt;
* no necessary connection  : ملازمه منجزی&lt;br /&gt;
* sayyid&lt;br /&gt;
* contemporary scholars of Usul al-fiqh : فقهای اصولی&lt;br /&gt;
* [[Maliki school]]&lt;br /&gt;
* [[Shafi&#039;i school]]&lt;br /&gt;
* Advanced Jurisprudence (Kharij) : خارج فقه&lt;br /&gt;
* the principle of interdependence: قاعده ملازمه&lt;br /&gt;
* principle of interdependence at the macro level : قاعده ملازمه کبروی&lt;br /&gt;
*Rational proof of innocence: برائت عقلی&lt;br /&gt;
*Rational precaution: احتیاط عقلی&lt;br /&gt;
*the repugnance of punishment without warning (qubh al-&#039;iqab bila bayan)&lt;br /&gt;
*the right of obedience (haqq al-ta&#039;ah)&lt;br /&gt;
*[[age of occultation (ghaybah)]]&lt;br /&gt;
*fundamental boundaries: خطوط قرمز در اصطلاح فقهی&lt;br /&gt;
*Istislah (public interest)&lt;br /&gt;
*abominations and evil deeds: فحشاء و منکر&lt;br /&gt;
*disengagement: عدم تعهد&lt;br /&gt;
*unreliable conjecture (zann): ظن غیر معتبر&lt;br /&gt;
*Istihsan (juristic preference): استحسان&lt;br /&gt;
*pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف&lt;br /&gt;
*enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Guardianship (Wilayah)&lt;br /&gt;
*non-litigious matters (al-omour al-hesbiah)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Ijtihad: اجتهاد&lt;br /&gt;
*[[rule of the bed (qā&#039;idat al-firāsh)]] : قاعده فراش&lt;br /&gt;
*&#039;&#039;&#039;Artificial Procreation: انجاب/تولید مثل&#039;&#039;&#039;&lt;br /&gt;
*Common Religious Consciousness: ارتکاز&lt;br /&gt;
*Declaratory Law: حکم تکلیفی&lt;br /&gt;
*Unrelated individual person/ Non-mahram: نامحرم&lt;br /&gt;
*scenario: فرض (فقهی)&lt;br /&gt;
*prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود&lt;br /&gt;
*Coitus: نزدیکی جنسی &lt;br /&gt;
*IVF: لقاح خارج از رحم&lt;br /&gt;
*The Principle of Precaution: اصالة الاحتیاط&lt;br /&gt;
*Recipient (Gestational mother): صاحب رحم&lt;br /&gt;
*Transplantation: پیوند (اعضای بدن)&lt;br /&gt;
*Rational purpose: غرض عقلایی&lt;br /&gt;
*Undue hardship: حرج&lt;br /&gt;
*Consummated marriage: زنی که با او نزدیکی شده&lt;br /&gt;
*Marital prohibitions (&#039;&#039;Mahramiyah&#039;&#039;): حرمت نکاح&lt;br /&gt;
*Ensoulment (&#039;&#039;Nafkh al-Rūḥ&#039;&#039;): ولوج روح&lt;br /&gt;
*Quranic Deduction: استنباط از قرآن&lt;br /&gt;
*Provenance: صدور&lt;br /&gt;
*Semantical: دلالت&lt;br /&gt;
*Conventional language: زبان عرفی&lt;br /&gt;
*The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت&lt;br /&gt;
*Evolutionary nature of knowledge: تکمیل معرفت بشری&lt;br /&gt;
*Intellect: عقل در اصطلاح فقهی&lt;br /&gt;
*scholar: روحانی، آخوند&lt;br /&gt;
*Biographical Evaluation: رجال&lt;br /&gt;
*Guardianship of the Jurist: ولایت فقیه&lt;br /&gt;
*Inerrancy: عصمت&lt;br /&gt;
*The Infallibles: معصومین&lt;br /&gt;
*Apprehended Significance: دلالت تصوری&lt;br /&gt;
*Preferability: ارجحیت&lt;br /&gt;
*Variable Rulings: احکام متغیر&lt;br /&gt;
*Superseded or rendered void: حکمی که دیگر کارکرد ندارد&lt;br /&gt;
*Traditionalist Jurisprudence: فقه سنتی&lt;br /&gt;
*Teleological: غایت گرا&lt;br /&gt;
*State-centric Jurisprudence: فقه حکومتی&lt;br /&gt;
*Legal Derivation: استنباط احکام&lt;br /&gt;
*Laypeople: مقلد&lt;br /&gt;
*Solitary Tradition: خبر واحد&lt;br /&gt;
*Forbidden Medicaments: درمان با محرمات&lt;br /&gt;
*Jurisprudential Inquiries: استفتائات&lt;br /&gt;
*Medical Screening: غربالگری&lt;br /&gt;
*Civil Liability: ضمان قهری&lt;br /&gt;
*State of Necessity: قاعده الضرورات تبیح المحظورات&lt;br /&gt;
*Inebriants: مسکرات&lt;br /&gt;
*Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه&lt;br /&gt;
*The Public Treasury: بیت المال&lt;br /&gt;
*Violation of Professional Oaths: نقض قسم&lt;br /&gt;
*Illicit Enrichment: اکل مال به باطل&lt;br /&gt;
*Rule of Liability: قاعده ضمان&lt;br /&gt;
*Direct Skin-to-Skin Contact: لمس بدون واسطه&lt;br /&gt;
*Legal Incompetents: فرد محجور&lt;br /&gt;
*Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی&lt;br /&gt;
*Emergent Jurisprudential Issues: مسائل مستحدثه&lt;br /&gt;
*The Practice of the Religious Community: سیره متشرعه&lt;br /&gt;
*Linguistic Principles: اصول لفظیه&lt;br /&gt;
*Practical Principles: اصول عملیه&lt;br /&gt;
*Juridical Consensus:  اجماع فقهی&lt;br /&gt;
&lt;br /&gt;
== الگوهای دانشنامه ==&lt;br /&gt;
* This category is created for articles related to [Name of the Person].&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2735</id>
		<title>User:Sarfipour</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=User:Sarfipour&amp;diff=2735"/>
		<updated>2026-05-11T14:00:16Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* اصطلاحات */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;== اعلام ==&lt;br /&gt;
=== نام های خاص عربی ===&lt;br /&gt;
&lt;br /&gt;
* [[Abd al-Rahman al-Jaziri]]&lt;br /&gt;
&lt;br /&gt;
=== نام کتاب ===&lt;br /&gt;
&lt;br /&gt;
* [[Misbah al-Fiqahah]]&lt;br /&gt;
* Salsabil fi Usul al-Tajzi&#039;ah wa al-I&#039;rab&lt;br /&gt;
&lt;br /&gt;
===نام‌ها===&lt;br /&gt;
* Mousa: موسی&lt;br /&gt;
* Mohammad Ishaq : محمداسحاق&lt;br /&gt;
* Abolqassem: ابوالقاسم&lt;br /&gt;
* Mohammad Sadeq: محمدصادق&lt;br /&gt;
* Taqi: تقی&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Javad: جواد&lt;br /&gt;
* Mohammad Javad: محمدجواد&lt;br /&gt;
* Lotfollah: لطف الله&lt;br /&gt;
* Ahmad: احمد&lt;br /&gt;
* Mohammad Baqer: محمدباقر&lt;br /&gt;
* Mirza: میرزا&lt;br /&gt;
* Ja&#039;far: جعفر&lt;br /&gt;
* Fazlollah: فضل الله&lt;br /&gt;
* Abdolkarim: عبدالکریم&lt;br /&gt;
===نام‌های خانوادگی===&lt;br /&gt;
* Fayyaz: فیاض&lt;br /&gt;
* Musavi: موسوی&lt;br /&gt;
* Khoei: خوئی&lt;br /&gt;
* Rohani: روحانی&lt;br /&gt;
* Mohaqqeq: محقق&lt;br /&gt;
* Karaki: کرکی&lt;br /&gt;
* Tabatabaei: طباطبائی&lt;br /&gt;
* Qomi: قمی&lt;br /&gt;
* Tabrizi: تبریزی&lt;br /&gt;
* Shubairi: شبیری&lt;br /&gt;
* Zanjani: زنجانی&lt;br /&gt;
* Fazel: فاضل&lt;br /&gt;
* Lankarani: لنکرانی&lt;br /&gt;
* Safi: صافی&lt;br /&gt;
* Golpaygani: گلپایگانی&lt;br /&gt;
* Alidoost: علیدوست&lt;br /&gt;
* Mulla: ملا&lt;br /&gt;
* Naraqi: نراقی&lt;br /&gt;
* Majlesi: مجلسی&lt;br /&gt;
* Gilani: گیلانی&lt;br /&gt;
* Kashfi: کشفی&lt;br /&gt;
* Nouri: نوری&lt;br /&gt;
* Haeri: حائری&lt;br /&gt;
* Yazdi: یزدی&lt;br /&gt;
* Haghighat: حقیقت&lt;br /&gt;
&lt;br /&gt;
== اصطلاحات ==&lt;br /&gt;
* [[disliked (makruh)]]&lt;br /&gt;
* no necessary connection  : ملازمه منجزی&lt;br /&gt;
* sayyid&lt;br /&gt;
* contemporary scholars of Usul al-fiqh : فقهای اصولی&lt;br /&gt;
* [[Maliki school]]&lt;br /&gt;
* [[Shafi&#039;i school]]&lt;br /&gt;
* Advanced Jurisprudence (Kharij) : خارج فقه&lt;br /&gt;
* the principle of interdependence: قاعده ملازمه&lt;br /&gt;
* principle of interdependence at the macro level : قاعده ملازمه کبروی&lt;br /&gt;
*Rational proof of innocence: برائت عقلی&lt;br /&gt;
*Rational precaution: احتیاط عقلی&lt;br /&gt;
*the repugnance of punishment without warning (qubh al-&#039;iqab bila bayan)&lt;br /&gt;
*the right of obedience (haqq al-ta&#039;ah)&lt;br /&gt;
*[[age of occultation (ghaybah)]]&lt;br /&gt;
*fundamental boundaries: خطوط قرمز در اصطلاح فقهی&lt;br /&gt;
*Istislah (public interest)&lt;br /&gt;
*abominations and evil deeds: فحشاء و منکر&lt;br /&gt;
*disengagement: عدم تعهد&lt;br /&gt;
*unreliable conjecture (zann): ظن غیر معتبر&lt;br /&gt;
*Istihsan (juristic preference): استحسان&lt;br /&gt;
*pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف&lt;br /&gt;
*enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Guardianship (Wilayah)&lt;br /&gt;
*non-litigious matters (al-omour al-hesbiah)&lt;br /&gt;
*Hudud (fixed punishments under Islamic law)&lt;br /&gt;
*Ijtihad: اجتهاد&lt;br /&gt;
*[[rule of the bed (qā&#039;idat al-firāsh)]] : قاعده فراش&lt;br /&gt;
*&#039;&#039;&#039;Artificial Procreation: انجاب/تولید مثل&#039;&#039;&#039;&lt;br /&gt;
*Common Religious Consciousness: ارتکاز&lt;br /&gt;
*Declaratory Law: حکم تکلیفی&lt;br /&gt;
*Unrelated individual person/ Non-mahram: نامحرم&lt;br /&gt;
*scenario: فرض (فقهی)&lt;br /&gt;
*prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود&lt;br /&gt;
*Coitus: نزدیکی جنسی &lt;br /&gt;
*IVF: لقاح خارج از رحم&lt;br /&gt;
*The Principle of Precaution: اصالة الاحتیاط&lt;br /&gt;
*Recipient (Gestational mother): صاحب رحم&lt;br /&gt;
*Transplantation: پیوند (اعضای بدن)&lt;br /&gt;
*Rational purpose: غرض عقلایی&lt;br /&gt;
*Undue hardship: حرج&lt;br /&gt;
*Consummated marriage: زنی که با او نزدیکی شده&lt;br /&gt;
*Marital prohibitions (&#039;&#039;Mahramiyah&#039;&#039;): حرمت نکاح&lt;br /&gt;
*Ensoulment (&#039;&#039;Nafkh al-Rūḥ&#039;&#039;): ولوج روح&lt;br /&gt;
*Quranic Deduction: استنباط از قرآن&lt;br /&gt;
*Provenance: صدور&lt;br /&gt;
*Semantical: دلالت&lt;br /&gt;
*Conventional language: زبان عرفی&lt;br /&gt;
*The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت&lt;br /&gt;
*Evolutionary nature of knowledge: تکمیل معرفت بشری&lt;br /&gt;
*Intellect: عقل در اصطلاح فقهی&lt;br /&gt;
*scholar: روحانی، آخوند&lt;br /&gt;
*Biographical Evaluation: رجال&lt;br /&gt;
*Guardianship of the Jurist: ولایت فقیه&lt;br /&gt;
*Inerrancy: عصمت&lt;br /&gt;
*The Infallibles: معصومین&lt;br /&gt;
*Apprehended Significance: دلالت تصوری&lt;br /&gt;
*Preferability: ارجحیت&lt;br /&gt;
*Variable Rulings: احکام متغیر&lt;br /&gt;
*Superseded or rendered void: حکمی که دیگر کارکرد ندارد&lt;br /&gt;
*Traditionalist Jurisprudence: فقه سنتی&lt;br /&gt;
*Teleological: غایت گرا&lt;br /&gt;
*State-centric Jurisprudence: فقه حکومتی&lt;br /&gt;
*Legal Derivation: استنباط احکام&lt;br /&gt;
*Laypeople: مقلد&lt;br /&gt;
*Solitary Tradition: خبر واحد&lt;br /&gt;
*Forbidden Medicaments: درمان با محرمات&lt;br /&gt;
*Jurisprudential Inquiries: استفتائات&lt;br /&gt;
*Medical Screening: غربالگری&lt;br /&gt;
*Civil Liability: ضمان قهری&lt;br /&gt;
*State of Necessity: قاعده الضرورات تبیح المحظورات&lt;br /&gt;
*Inebriants: مسکرات&lt;br /&gt;
*Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه&lt;br /&gt;
*The Public Treasury: بیت المال&lt;br /&gt;
*Violation of Professional Oaths: نقض قسم&lt;br /&gt;
*Illicit Enrichment: اکل مال به باطل&lt;br /&gt;
*Rule of Liability: قاعده ضمان&lt;br /&gt;
*Direct Skin-to-Skin Contact: لمس بدون واسطه&lt;br /&gt;
*Legal Incompetents: فرد محجور&lt;br /&gt;
*Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی&lt;br /&gt;
*Emergent Jurisprudential Issues: مسائل مستحدثه&lt;br /&gt;
*The Practice of the Religious Community: سیره متشرعه&lt;br /&gt;
*Linguistic Principles: اصول لفظیه&lt;br /&gt;
*Practical Principles: اصول عملیه&lt;br /&gt;
*Juridical Consensus: اجماع&lt;br /&gt;
&lt;br /&gt;
== الگوهای دانشنامه ==&lt;br /&gt;
* This category is created for articles related to [Name of the Person].&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=A_New_Exploration_into_Women%27s_Social_Presence_(Book)&amp;diff=2734</id>
		<title>A New Exploration into Women&#039;s Social Presence (Book)</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=A_New_Exploration_into_Women%27s_Social_Presence_(Book)&amp;diff=2734"/>
		<updated>2026-05-11T13:13:35Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* Critique of Opposing Arguments */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;{{infobox book&lt;br /&gt;
| name = A New Inquiry into the Issue of Women&#039;s Social Participation&lt;br /&gt;
| image = A New Inquiry into the Issue of Women&#039;s Social Participation.jpg&lt;br /&gt;
| original_title = کاوشی نو در مسئله حضور اجتماعی زنان&lt;br /&gt;
| author = [[Seyyed Mahdi Narimani Zamani]]&lt;br /&gt;
| language = Persian&lt;br /&gt;
| topic = [[Women&#039;s rights in Islam]], [[Political jurisprudence]]&lt;br /&gt;
| publisher = [[Astan Quds Razavi Publishing Foundation]]&lt;br /&gt;
| publication_place = Mashhad&lt;br /&gt;
| publication_date = 1394 SH (2015 CE)&lt;br /&gt;
| pages = 292&lt;br /&gt;
}}&lt;br /&gt;
{{Author&lt;br /&gt;
|author = Reza Shams&lt;br /&gt;
|author2 = &lt;br /&gt;
|author3 = &lt;br /&gt;
|compiler = &lt;br /&gt;
|editor1 = &lt;br /&gt;
|editor2 = &lt;br /&gt;
|editor3 = &lt;br /&gt;
}}&lt;br /&gt;
*&#039;&#039;&#039;Abstract&#039;&#039;&#039;&lt;br /&gt;
&#039;&#039;&#039;A New Inquiry into the Issue of Women&#039;s Social Participation&#039;&#039;&#039; (Persian: [https://ency.feqhemoaser.com/fa/view/%DA%A9%D8%A7%D9%88%D8%B4%DB%8C_%D9%86%D9%88_%D8%AF%D8%B1_%D9%85%D8%B3%D8%A6%D9%84%D9%87_%D8%AD%D8%B6%D9%88%D8%B1_%D8%A7%D8%AC%D8%AA%D9%85%D8%A7%D8%B9%DB%8C_%D8%B2%D9%86%D8%A7%D9%86_(%DA%A9%D8%AA%D8%A7%D8%A8) &#039;&#039;کاوشی نو در مسئله حضور اجتماعی زنان&#039;&#039;]) is a Persian work by [[Seyyed Mahdi Narimani Zamani]] that challenges the Traditionalist Jurisprudential Paradigm on gender restrictions in holding [[political positions|Public Offices and Political Mandates]], such as Administrative and Judiciary, and leadership roles. The author argues against the Juridical Juridical Juridical Juridical Consensus that discourages women&#039;s social presence, positing instead that Islam not only permits but potentially endorses women&#039;s Active participation in society.&lt;br /&gt;
&lt;br /&gt;
Through a critical analysis of opposing arguments and by citing supportive Quranic verses, narrations, and historical precedents—such as the rule of the [[Queen of Sheba]]—Narimani asserts that General Evidences  (&#039;&#039;ʿumūmāt&#039;&#039;) on social obligations apply equally to men and women. The book is structured to first clarify key concepts and then systematically refute the arguments of opponents while bolstering the case for women&#039;s social and political engagement.&lt;br /&gt;
&lt;br /&gt;
== Introduction ==&lt;br /&gt;
Seyyed Mahdi Narimani Zamani&#039;s “A New Exploration into Women&#039;s Social Presence” is published by [[Astan Quds Razavi Publishing Foundation]]. The author believes that religion not only does not oppose women&#039;s presence in social and Public Offices and Political Mandates, but also agrees with and even endorses such women.&lt;br /&gt;
The book is written based on analytical reasoning. The author refutes the opponents’ arguments and employs rational proofs, narrations, and historical precedents to validate women’s assumption of social positions. The book also discusses on women’s involvement in social affairs by relying on numerous commonalities and/ or generalities available on rulings issued in this regard&lt;br /&gt;
&lt;br /&gt;
=== Structure of the Book ===&lt;br /&gt;
The book is divided into two chapters, each of which contains three sections. At the beginning of the first chapter, the author addresses the concepts needed for the course of the discussion. These include such concepts as Principle (‘‘Aṣl’’), rights, powers, Assuming responsibility for and holding administrative positions, Guardianship (‘‘Wilāyah’’), justice and Religious Obligation (‘‘Taklīf’’). (pp. 21-34) It asserts that holding Administrative and Judiciary, and governmental responsibilities is a Divine Stewardship—a heavy burden that reason dictates must be entrusted to the most competent individuals.(pp. 34-39). The chapter concludes by acknowledging physical differences between genders while affirming their equal capacity for Spiritual Transcendence. The author eventually discusses on four issues considering the Islamic view of gender: 1. Equality in gender identity which results in equality in perfection; 2. Differences between men and women may lead to a healthy family system; 3. There are provisions in Islam that are gender-based, such as holding the office of a judge by women which is controversial among Muslim jurists; 4. Women enjoy a special and high position in Islam (pp. 21-80).&lt;br /&gt;
&lt;br /&gt;
The second chapter of the book, called “examining the jurisprudential ruling”, deals with arguments provided by supporters and opponents and some points are made about women&#039;s presence in society. In the first part, the author provides and reviews the arguments of the opponents, and in the second part he approves the social presence of women by providing the arguments of its supporters. (pp. 81-252) In the third part, given that women may have social participation, the author reminds them of the following tips: 1. Women should avoid Gender Intermixing with men; 2. Women should seek contributions that are compatible with Inherent Dignity  and the spirit of femininity; 3. Women are the foundation for home and the family; 4. Men are primarily responsible to work and provide the Financial Maintenance. (pp. 252-261)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Arguments for Permissibility ==&lt;br /&gt;
The author provides several reasons to prove the permission for women&#039;s participation in social and political activities.&lt;br /&gt;
&lt;br /&gt;
==== Enjoining Good and Forbidding Evil ====&lt;br /&gt;
One of the Islamic obligations is Civic Oversight to improve society. According to the verse “المومنون و المومنات بعضهم اولیاء بعض یامرون بالمعروف و ینهون عن المنکر&amp;quot; , The term “‘‘Awliyā’’” (guardians/friends) implies authority and Guardianship (‘‘Wilāyah’’). Consequently, all Muslim men and women possess the authority to enjoin their religious brethren to perform political good and forbid political evil. Furthermore, the The Conduct of the Rational (‘‘Sīrat al-ʿUqalā’’) has always been to entrust affairs to the most competent individuals, regarding gender as irrelevant to professional competence.&lt;br /&gt;
&lt;br /&gt;
=== The application and generality of Narrational arguments related to the Guardianship of the Jurist (‘‘Wilāyat al-Faqīh’’) and the obligation to stand up for justice ===&lt;br /&gt;
&lt;br /&gt;
* The author cites six narrations establishing the necessity of a societal ruler; these texts are Absolute (‘‘muṭlaq’’), making no stipulation that the ruler must be male.He also notes that there are hadiths that refer to the obligation to stand up for justice and act in accordance with the Divine Revelations, without making any reference to the gender of those who speak the truth and approve the right behavior according to Divine Revelation. Citing the prophetic hadith, “Whoever wakes up without concern for the affairs of Muslims is not one of them,” he concludes that this general duty encompasses women’s holding of social and political offices. He continues to list several other reasons as evidence that women are allowed to participate in politics and hold social positions. It is explained that if women learn knowledge but do not act accordingly, then the need to learn knowledge will be meaningless.&lt;br /&gt;
&lt;br /&gt;
=== Historical quotes from Prophets (pbuh) and the Governance of Imam al-Mahdi (May God hasten his glad advent) ===&lt;br /&gt;
One of the reasons cited by the author is The Rule of the Queen of Sheba (Bilqīs), a woman whose story is narrated in the Holy Quran, and Allah Almighty did not condemn her, but Tacit Approval and was pleased with her Guardianship (‘‘Wilāyah’’). He also reports twenty-seven narratives about women who were guardians, agents or advisors and Prophet Muhammad (s) consulted with them in matters of jihad, economics, knowledge and the fight against oppression, and these narratives show that the Prophet (PBUH) consented to the participation and presence of women. Some narratives on Mahadism also state that 50 of the main companions of  Mahdi (May God hasten his glad advent) will be women. Alternatively, during the presence of  Mahdi, wisdom will reach such a level that women will judge based on the Book and Sunnah of God.&lt;br /&gt;
&lt;br /&gt;
=== Rational Arguments for Participation ===&lt;br /&gt;
The author states two logical reasons why women are allowed to hold judicial and administrative positions: 1. Gender does not matter in rational proofs for Wilayat; what matters is only the need to implement the divine decrees and observe the limits set by God in the period of The Major Occultation (‘‘Ghaybah’’). This would require an expert Faqih and it can be fulfilled by both men and women. 2. The Principle (‘‘Aṣl’’) of participation in administrative and social affairs is one of the fundamental principles to establish a state. There must be clear reasons for excluding people from such participation. No such justification exists.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Critique of Opposing Arguments ==&lt;br /&gt;
The author reviews the fatwas of contemporary jurists regarding gender requirements for high offices. While some, like [[Sayyid Muhammad Sadiq Rohani]], restrict all such positions to men, others, such as [[Seyyed Musa Shubeyri Zanjani|Sayyid Musa Shubayri Zanjani]], limit the restriction primarily to judgeship (&#039;&#039;qaḍāwat&#039;&#039;) and religious authority (&#039;&#039;marjaʿiyyah&#039;&#039;).&lt;br /&gt;
&lt;br /&gt;
=== The Verse of Qiwāmah (Guardianship) ===&lt;br /&gt;
The author identifies &#039;&#039;&#039;Qur’an 4:34&#039;&#039;&#039; (The Verse of Qiwāmah) as the primary scriptural basis for opposition. Opponents argue this verse establishes men’s authority and superiority over women due to their financial support. This verse can be relied on only if it refers to the dominance of men over women in the home and society, not to the obligations of men towards their wives. Using the opinions of the commentators, the author explains that this verse was revealed in relation to marital discord and the payment of maintenance money and considers that the verse expresses the dominance of men over their wives. He believes that even by A Fortiori Argument, it cannot be inferred that men have Guardianship (‘‘Wilāyah’’) over women in society. Even if the verse were generalized to imply male Guardianship (‘‘Wilāyah’’) in society, it would not necessitate prohibition, as ‘‘Qiwāmah’’ implies caretaking rather than Absolute domination, and even if it did, it would not prevent women from participating in such matters.&lt;br /&gt;
&lt;br /&gt;
=== The Verse of Rank (‘‘Darajah’’) ===&lt;br /&gt;
Another verse mentioned in the book is the [[Verse 228 of Surah al-Baqarah|Qurʾan 2:228]], which points to the mutual rights of spouses over each other and the superior degree of the rights of men over their wives. If this verse refers to the Guardianship (‘‘Wilāyah’’) of men over women within the family or outside, there may be a reason to oppose women&#039;s participation; However, the author argues that even under this assumption, the word “degree” (‘‘darajah’’) is an Indefinite Noun in an affirmative context, which does not imply Absolute superiority in all aspects. In addition, since the verse is about divorce, possible superiority of men in relation to the right to divorce is reinforced.&lt;br /&gt;
&lt;br /&gt;
=== The Verse of Ornament (‘‘Ḥilyah’’) and Tabarruj ===&lt;br /&gt;
Another verse that, in the author&#039;s opinion, attracted the attention of the opponents is (Qurʾan 43:18) &amp;quot;What! One who is brought up amid ornaments and is inconspicuous in contests (do you take her as the daughter of God)?&amp;quot; Opponents interpret this verse to mean that women are naturally inclined towards adornment and lack the capacity for strong argumentation and reasoning. In The  (Qurʾan 33:33), women are commanded to stay at home and not to go out in public as they did at the age of ignorance. The social presence of women is contrary to the clear prohibition in the verse and Gender Intermixing with Non-Maḥrams. He believes that (Quran 33:33) cannot be relied on because of its brevity in identifying the pronouns and the relevant conjunctive nouns used in the verse. Furthermore, in his criticism of (Quran 33:33), he thinks that the verdict is particularly confined to the wives of Prophet Muhammad (s), and because of different readings, it could mean that they should observe dignity and solemnity instead of staying at home. Finally, none of the above verses proves that women should not participate in administrative and Guardianship (‘‘Wilāyah’’) affairs. &lt;br /&gt;
&lt;br /&gt;
=== Opponents’ Narrational Arguments ===&lt;br /&gt;
Proponents’ arguments in this regard can be found in narratives reported by Shiites and narratives reported by Sunnis. These include opposition to women&#039;s participation in good deeds, no permission to judge, prohibition of women going out, prohibition to consult with them, less enjoyment of the blessing of reason, Prophet Muhammad’s hatred of entrusting women with Assuming responsibility for affairs, and that a state ruled by women cannot achieve prosperity. The author dismisses these narrations, noting that some contradict explicit Qur’anic texts, while others are weak in their chain of transmission (‘‘sanad’’), some are confined to the time when they were issued, some are objected by the Companions, and some that provide guidance. Among other reasons is that none of the above verses clearly forbids holding administrative positions by women.&lt;br /&gt;
&lt;br /&gt;
=== Important Non-textual arguments (‘‘Adillah Lubbiyyah’’) of the opponents of women’s participation, such as The The Normative Consciousness of the Devout (‘‘Irtikāz al-Mutasharriʿah’’), Juridical Consensus  and The Conduct of the Rational ===&lt;br /&gt;
Opponents of women’s participation in society have relied on Non-textual arguments (‘‘Adillah Lubbiyyah’’) such as The The Normative Consciousness of the Devout (‘‘Irtikāz al-Mutasharriʿah’’), Juridical Consensus, The Conduct of the Rational and Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’). “Understanding” (‘‘Irtikāz’’) here refers to the mindset ingrained in devout Muslims, assuming that the Lawgiver prefers women to remain at home and focus on domestic duties. Of course, this the understanding is mentioned in narratives, but The author refutes this by citing historical examples that contradict such an understanding (‘‘Irtikāz’’), most notably the commercial activities of [[Khadija bint Khuwaylid|Hazrat Khadijah]]. Regarding consensus (‘‘ijmāʿ’’), he argues there is no definitive Juridical Consensus on the condition of Masculinity (‘‘Dhukūrah’’); any existing consensus is likely “Evidence-Based Consensus” (‘‘madrakī’’) rather than independent proof. Still, Reputation in Narration (‘‘Shuhrah Riwāʾiyyah’’) and Practice (‘‘Shuhrah ʿAmaliyyah’’) are not achieved based on a few weak hadiths. Nor can Reputation in Fatwa (‘‘Shuhrah Fatwāʾiyyah’’) be found because it has not been disputed in the past.&lt;br /&gt;
&lt;br /&gt;
==== Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’) and other reasons ====&lt;br /&gt;
The increasing presence of women, their Gender Intermixing with Non-Maḥrams and some other moral deviations are also the reasons that the author cites as the beginning of the presence of women in positions of power. Opponents argue that since women’s social presence is a preliminary to prohibited acts, it is also prohibited (based on the rule that “the The Preliminary to a Prohibited Act act is haram”). The author rejects this, noting firstly the jurisprudential dispute over whether a preliminary act is inherently forbidden. But he rejects this reasoning and says: First, there is controversy over the view that Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’) is haram itself. Second, evil consequences enumerated by opponents are only because of increasing presence of women, even as clients; while no wise man would forbid it. Other arguments provided by the author are based on Reliance on the The Minimum Certainty (‘‘Qadr al-Mutayaqqan’’) and his reliance on the Principle (‘‘Aṣl’’) that women cannot judge and he believes that Masculinity (‘‘Dhukūrah’’) is neither a certain nor a Principle (‘‘Aṣl’’). &lt;br /&gt;
[[fa:کاوشی نو در مسئله حضور اجتماعی زنان (کتاب)]]&lt;br /&gt;
[[category:Books by Astan Quds Razavi Publishing Foundation]]&lt;br /&gt;
[[category:Books by Seyyed Mahdi Narimani]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=A_New_Exploration_into_Women%27s_Social_Presence_(Book)&amp;diff=2733</id>
		<title>A New Exploration into Women&#039;s Social Presence (Book)</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=A_New_Exploration_into_Women%27s_Social_Presence_(Book)&amp;diff=2733"/>
		<updated>2026-05-11T13:00:10Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;{{infobox book&lt;br /&gt;
| name = A New Inquiry into the Issue of Women&#039;s Social Participation&lt;br /&gt;
| image = A New Inquiry into the Issue of Women&#039;s Social Participation.jpg&lt;br /&gt;
| original_title = کاوشی نو در مسئله حضور اجتماعی زنان&lt;br /&gt;
| author = [[Seyyed Mahdi Narimani Zamani]]&lt;br /&gt;
| language = Persian&lt;br /&gt;
| topic = [[Women&#039;s rights in Islam]], [[Political jurisprudence]]&lt;br /&gt;
| publisher = [[Astan Quds Razavi Publishing Foundation]]&lt;br /&gt;
| publication_place = Mashhad&lt;br /&gt;
| publication_date = 1394 SH (2015 CE)&lt;br /&gt;
| pages = 292&lt;br /&gt;
}}&lt;br /&gt;
{{Author&lt;br /&gt;
|author = Reza Shams&lt;br /&gt;
|author2 = &lt;br /&gt;
|author3 = &lt;br /&gt;
|compiler = &lt;br /&gt;
|editor1 = &lt;br /&gt;
|editor2 = &lt;br /&gt;
|editor3 = &lt;br /&gt;
}}&lt;br /&gt;
*&#039;&#039;&#039;Abstract&#039;&#039;&#039;&lt;br /&gt;
&#039;&#039;&#039;A New Inquiry into the Issue of Women&#039;s Social Participation&#039;&#039;&#039; (Persian: [https://ency.feqhemoaser.com/fa/view/%DA%A9%D8%A7%D9%88%D8%B4%DB%8C_%D9%86%D9%88_%D8%AF%D8%B1_%D9%85%D8%B3%D8%A6%D9%84%D9%87_%D8%AD%D8%B6%D9%88%D8%B1_%D8%A7%D8%AC%D8%AA%D9%85%D8%A7%D8%B9%DB%8C_%D8%B2%D9%86%D8%A7%D9%86_(%DA%A9%D8%AA%D8%A7%D8%A8) &#039;&#039;کاوشی نو در مسئله حضور اجتماعی زنان&#039;&#039;]) is a Persian work by [[Seyyed Mahdi Narimani Zamani]] that challenges the Traditionalist Jurisprudential Paradigm on gender restrictions in holding [[political positions|Public Offices and Political Mandates]], such as Administrative and Judiciary, and leadership roles. The author argues against the Juridical Juridical Juridical Juridical Consensus that discourages women&#039;s social presence, positing instead that Islam not only permits but potentially endorses women&#039;s Active participation in society.&lt;br /&gt;
&lt;br /&gt;
Through a critical analysis of opposing arguments and by citing supportive Quranic verses, narrations, and historical precedents—such as the rule of the [[Queen of Sheba]]—Narimani asserts that General Evidences  (&#039;&#039;ʿumūmāt&#039;&#039;) on social obligations apply equally to men and women. The book is structured to first clarify key concepts and then systematically refute the arguments of opponents while bolstering the case for women&#039;s social and political engagement.&lt;br /&gt;
&lt;br /&gt;
== Introduction ==&lt;br /&gt;
Seyyed Mahdi Narimani Zamani&#039;s “A New Exploration into Women&#039;s Social Presence” is published by [[Astan Quds Razavi Publishing Foundation]]. The author believes that religion not only does not oppose women&#039;s presence in social and Public Offices and Political Mandates, but also agrees with and even endorses such women.&lt;br /&gt;
The book is written based on analytical reasoning. The author refutes the opponents’ arguments and employs rational proofs, narrations, and historical precedents to validate women’s assumption of social positions. The book also discusses on women’s involvement in social affairs by relying on numerous commonalities and/ or generalities available on rulings issued in this regard&lt;br /&gt;
&lt;br /&gt;
=== Structure of the Book ===&lt;br /&gt;
The book is divided into two chapters, each of which contains three sections. At the beginning of the first chapter, the author addresses the concepts needed for the course of the discussion. These include such concepts as Principle (‘‘Aṣl’’), rights, powers, Assuming responsibility for and holding administrative positions, Guardianship (‘‘Wilāyah’’), justice and Religious Obligation (‘‘Taklīf’’). (pp. 21-34) It asserts that holding Administrative and Judiciary, and governmental responsibilities is a Divine Stewardship—a heavy burden that reason dictates must be entrusted to the most competent individuals.(pp. 34-39). The chapter concludes by acknowledging physical differences between genders while affirming their equal capacity for Spiritual Transcendence. The author eventually discusses on four issues considering the Islamic view of gender: 1. Equality in gender identity which results in equality in perfection; 2. Differences between men and women may lead to a healthy family system; 3. There are provisions in Islam that are gender-based, such as holding the office of a judge by women which is controversial among Muslim jurists; 4. Women enjoy a special and high position in Islam (pp. 21-80).&lt;br /&gt;
&lt;br /&gt;
The second chapter of the book, called “examining the jurisprudential ruling”, deals with arguments provided by supporters and opponents and some points are made about women&#039;s presence in society. In the first part, the author provides and reviews the arguments of the opponents, and in the second part he approves the social presence of women by providing the arguments of its supporters. (pp. 81-252) In the third part, given that women may have social participation, the author reminds them of the following tips: 1. Women should avoid Gender Intermixing with men; 2. Women should seek contributions that are compatible with Inherent Dignity  and the spirit of femininity; 3. Women are the foundation for home and the family; 4. Men are primarily responsible to work and provide the Financial Maintenance. (pp. 252-261)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Arguments for Permissibility ==&lt;br /&gt;
The author provides several reasons to prove the permission for women&#039;s participation in social and political activities.&lt;br /&gt;
&lt;br /&gt;
==== Enjoining Good and Forbidding Evil ====&lt;br /&gt;
One of the Islamic obligations is Civic Oversight to improve society. According to the verse “المومنون و المومنات بعضهم اولیاء بعض یامرون بالمعروف و ینهون عن المنکر&amp;quot; , The term “‘‘Awliyā’’” (guardians/friends) implies authority and Guardianship (‘‘Wilāyah’’). Consequently, all Muslim men and women possess the authority to enjoin their religious brethren to perform political good and forbid political evil. Furthermore, the The Conduct of the Rational (‘‘Sīrat al-ʿUqalā’’) has always been to entrust affairs to the most competent individuals, regarding gender as irrelevant to professional competence.&lt;br /&gt;
&lt;br /&gt;
=== The application and generality of Narrational arguments related to the Guardianship of the Jurist (‘‘Wilāyat al-Faqīh’’) and the obligation to stand up for justice ===&lt;br /&gt;
&lt;br /&gt;
* The author cites six narrations establishing the necessity of a societal ruler; these texts are Absolute (‘‘muṭlaq’’), making no stipulation that the ruler must be male.He also notes that there are hadiths that refer to the obligation to stand up for justice and act in accordance with the Divine Revelations, without making any reference to the gender of those who speak the truth and approve the right behavior according to Divine Revelation. Citing the prophetic hadith, “Whoever wakes up without concern for the affairs of Muslims is not one of them,” he concludes that this general duty encompasses women’s holding of social and political offices. He continues to list several other reasons as evidence that women are allowed to participate in politics and hold social positions. It is explained that if women learn knowledge but do not act accordingly, then the need to learn knowledge will be meaningless.&lt;br /&gt;
&lt;br /&gt;
=== Historical quotes from Prophets (pbuh) and the Governance of Imam al-Mahdi (May God hasten his glad advent) ===&lt;br /&gt;
One of the reasons cited by the author is The Rule of the Queen of Sheba (Bilqīs), a woman whose story is narrated in the Holy Quran, and Allah Almighty did not condemn her, but Tacit Approval and was pleased with her Guardianship (‘‘Wilāyah’’). He also reports twenty-seven narratives about women who were guardians, agents or advisors and Prophet Muhammad (s) consulted with them in matters of jihad, economics, knowledge and the fight against oppression, and these narratives show that the Prophet (PBUH) consented to the participation and presence of women. Some narratives on Mahadism also state that 50 of the main companions of  Mahdi (May God hasten his glad advent) will be women. Alternatively, during the presence of  Mahdi, wisdom will reach such a level that women will judge based on the Book and Sunnah of God.&lt;br /&gt;
&lt;br /&gt;
=== Rational Arguments for Participation ===&lt;br /&gt;
The author states two logical reasons why women are allowed to hold judicial and administrative positions: 1. Gender does not matter in rational proofs for Wilayat; what matters is only the need to implement the divine decrees and observe the limits set by God in the period of The Major Occultation (‘‘Ghaybah’’). This would require an expert Faqih and it can be fulfilled by both men and women. 2. The Principle (‘‘Aṣl’’) of participation in administrative and social affairs is one of the fundamental principles to establish a state. There must be clear reasons for excluding people from such participation. No such justification exists.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Critique of Opposing Arguments ==&lt;br /&gt;
The author reviews the fatwas of contemporary jurists regarding gender requirements for high offices. While some, like [[Sayyid Muhammad Sadiq Rohani]], restrict all such positions to men, others, such as [[Seyyed Musa Shubeyri Zanjani|Sayyid Musa Shubayri Zanjani]], limit the restriction primarily to judgeship (&#039;&#039;qaḍāwat&#039;&#039;) and religious authority (&#039;&#039;marjaʿiyyah&#039;&#039;).&lt;br /&gt;
&lt;br /&gt;
=== The Verse of Qiwāmah (Guardianship) ===&lt;br /&gt;
The author identifies &#039;&#039;&#039;Qur’an 4:34&#039;&#039;&#039; (The Verse of Qiwāmah) as the primary scriptural basis for opposition. Opponents argue this verse establishes men’s authority and superiority over women due to their financial support. This verse can be relied on only if it refers to the dominance of men over women in the home and society, not to the obligations of men towards their wives. Using the opinions of the commentators, the author explains that this verse was revealed in relation to marital discord and the payment of maintenance money and considers that the verse expresses the dominance of men over their wives. He believes that even by A Fortiori Argument, it cannot be inferred that men have Guardianship (‘‘Wilāyah’’) over women in society. Even if the verse were generalized to imply male Guardianship (‘‘Wilāyah’’) in society, it would not necessitate prohibition, as ‘‘Qiwāmah’’ implies caretaking rather than Absolute domination, and even if it did, it would not prevent women from participating in such matters.&lt;br /&gt;
&lt;br /&gt;
=== The Verse of Rank (‘‘Darajah’’) ===&lt;br /&gt;
Another verse mentioned in the book is the [[Verse 228 of Surah al-Baqarah|Qurʾan 2:228]], which points to the mutual rights of spouses over each other and the superior degree of the rights of men over their wives. If this verse refers to the Guardianship (‘‘Wilāyah’’) of men over women within the family or outside, there may be a reason to oppose women&#039;s participation; However, the author argues that even under this assumption, the word “degree” (‘‘darajah’’) is an Indefinite Noun in an affirmative context, which does not imply Absolute superiority in all aspects. In addition, since the verse is about divorce, possible superiority of men in relation to the right to divorce is reinforced.&lt;br /&gt;
&lt;br /&gt;
=== The Verse of Ornament (‘‘Ḥilyah’’) and Tabarruj ===&lt;br /&gt;
Another verse that, in the author&#039;s opinion, attracted the attention of the opponents is (Qurʾan 43:18) &amp;quot;What! One who is brought up amid ornaments and is inconspicuous in contests (do you take her as the daughter of God)?&amp;quot; Opponents interpret this verse to mean that women are naturally inclined towards adornment and lack the capacity for strong argumentation and reasoning. In The Verse of Display (‘‘Tabarruj’’) (Qurʾan 33:33), women are commanded to stay at home and not to go out in public as they did at the age of ignorance. The social presence of women is contrary to the clear prohibition in the verse and Gender Intermixing with Non-Maḥrams. He believes that The Verse of Display (‘‘Tabarruj’’) cannot be relied on because of its brevity in identifying the pronouns and the relevant conjunctive nouns used in the verse. Furthermore, in his criticism of The Verse of Display (‘‘Tabarruj’’), he thinks that the verdict is particularly confined to the wives of Prophet Muhammad (s), and because of different readings, it could mean that they should observe dignity and solemnity instead of staying at home. Finally, none of the above verses proves that women should not participate in administrative and Guardianship (‘‘Wilāyah’’) affairs. &lt;br /&gt;
&lt;br /&gt;
=== Opponents’ Narrational Arguments ===&lt;br /&gt;
Proponents’ arguments in this regard can be found in narratives reported by Shiites and narratives reported by Sunnis. These include opposition to women&#039;s participation in good deeds, no permission to judge, prohibition of women going out, prohibition to consult with them, less enjoyment of the blessing of reason, Prophet Muhammad’s hatred of entrusting women with Assuming responsibility for affairs, and that a state ruled by women cannot achieve prosperity. The author dismisses these narrations, noting that some contradict explicit Qur’anic texts, while others are weak in their chain of transmission (‘‘sanad’’), some are confined to the time when they were issued, some are objected by the Companions, and some that provide guidance. Among other reasons is that none of the above verses clearly forbids holding administrative positions by women.&lt;br /&gt;
&lt;br /&gt;
=== Important Non-textual arguments (‘‘Adillah Lubbiyyah’’) of the opponents of women’s participation, such as The The Normative Consciousness of the Devout (‘‘Irtikāz al-Mutasharriʿah’’), Juridical Consensus  and The Conduct of the Rational ===&lt;br /&gt;
Opponents of women’s participation in society have relied on Non-textual arguments (‘‘Adillah Lubbiyyah’’) such as The The Normative Consciousness of the Devout (‘‘Irtikāz al-Mutasharriʿah’’), Juridical Consensus, The Conduct of the Rational and Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’). “Understanding” (‘‘Irtikāz’’) here refers to the mindset ingrained in devout Muslims, assuming that the Lawgiver prefers women to remain at home and focus on domestic duties. Of course, this the understanding is mentioned in narratives, but The author refutes this by citing historical examples that contradict such an understanding (‘‘Irtikāz’’), most notably the commercial activities of [[Khadija bint Khuwaylid|Hazrat Khadijah]]. Regarding consensus (‘‘ijmāʿ’’), he argues there is no definitive Juridical Consensus on the condition of Masculinity (‘‘Dhukūrah’’); any existing consensus is likely “Evidence-Based Consensus” (‘‘madrakī’’) rather than independent proof. Still, Reputation in Narration (‘‘Shuhrah Riwāʾiyyah’’) and Practice (‘‘Shuhrah ʿAmaliyyah’’) are not achieved based on a few weak hadiths. Nor can Reputation in Fatwa (‘‘Shuhrah Fatwāʾiyyah’’) be found because it has not been disputed in the past.&lt;br /&gt;
&lt;br /&gt;
==== Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’) and other reasons ====&lt;br /&gt;
The increasing presence of women, their Gender Intermixing with Non-Maḥrams and some other moral deviations are also the reasons that the author cites as the beginning of the presence of women in positions of power. Opponents argue that since women’s social presence is a preliminary to prohibited acts, it is also prohibited (based on the rule that “the The Preliminary to a Prohibited Act act is haram”). The author rejects this, noting firstly the jurisprudential dispute over whether a preliminary act is inherently forbidden. But he rejects this reasoning and says: First, there is controversy over the view that Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’) is haram itself. Second, evil consequences enumerated by opponents are only because of increasing presence of women, even as clients; while no wise man would forbid it. Other arguments provided by the author are based on Reliance on the The Minimum Certainty (‘‘Qadr al-Mutayaqqan’’) and his reliance on the Principle (‘‘Aṣl’’) that women cannot judge and he believes that Masculinity (‘‘Dhukūrah’’) is neither a certain nor a Principle (‘‘Aṣl’’). &lt;br /&gt;
[[fa:کاوشی نو در مسئله حضور اجتماعی زنان (کتاب)]]&lt;br /&gt;
[[category:Books by Astan Quds Razavi Publishing Foundation]]&lt;br /&gt;
[[category:Books by Seyyed Mahdi Narimani]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=A_New_Exploration_into_Women%27s_Social_Presence_(Book)&amp;diff=2732</id>
		<title>A New Exploration into Women&#039;s Social Presence (Book)</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=A_New_Exploration_into_Women%27s_Social_Presence_(Book)&amp;diff=2732"/>
		<updated>2026-05-11T12:57:13Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* Introduction */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;{{infobox book&lt;br /&gt;
| name = A New Inquiry into the Issue of Women&#039;s Social Participation&lt;br /&gt;
| image = A New Inquiry into the Issue of Women&#039;s Social Participation.jpg&lt;br /&gt;
| original_title = کاوشی نو در مسئله حضور اجتماعی زنان&lt;br /&gt;
| author = [[Seyyed Mahdi Narimani Zamani]]&lt;br /&gt;
| language = Persian&lt;br /&gt;
| topic = [[Women&#039;s rights in Islam]], [[Political jurisprudence]]&lt;br /&gt;
| publisher = [[Astan Quds Razavi Publishing Foundation]]&lt;br /&gt;
| publication_place = Mashhad&lt;br /&gt;
| publication_date = 1394 SH (2015 CE)&lt;br /&gt;
| pages = 292&lt;br /&gt;
}}&lt;br /&gt;
{{Author&lt;br /&gt;
|author = Reza Shams&lt;br /&gt;
|author2 = &lt;br /&gt;
|author3 = &lt;br /&gt;
|compiler = &lt;br /&gt;
|editor1 = &lt;br /&gt;
|editor2 = &lt;br /&gt;
|editor3 = &lt;br /&gt;
}}&lt;br /&gt;
*&#039;&#039;&#039;Abstract&#039;&#039;&#039;&lt;br /&gt;
&#039;&#039;&#039;A New Inquiry into the Issue of Women&#039;s Social Participation&#039;&#039;&#039; (Persian: [https://ency.feqhemoaser.com/fa/view/%DA%A9%D8%A7%D9%88%D8%B4%DB%8C_%D9%86%D9%88_%D8%AF%D8%B1_%D9%85%D8%B3%D8%A6%D9%84%D9%87_%D8%AD%D8%B6%D9%88%D8%B1_%D8%A7%D8%AC%D8%AA%D9%85%D8%A7%D8%B9%DB%8C_%D8%B2%D9%86%D8%A7%D9%86_(%DA%A9%D8%AA%D8%A7%D8%A8) &#039;&#039;کاوشی نو در مسئله حضور اجتماعی زنان&#039;&#039;]) is a Persian work by [[Seyyed Mahdi Narimani Zamani]] that challenges the Traditionalist Jurisprudential Paradigm on gender restrictions in holding [[political positions|Public Offices and Political Mandates]], such as Administrative and Judiciary, and leadership roles. The author argues against the Juridical Juridical Juridical Juridical Consensus that discourages women&#039;s social presence, positing instead that Islam not only permits but potentially endorses women&#039;s Active participation in society.&lt;br /&gt;
&lt;br /&gt;
Through a critical analysis of opposing arguments and by citing supportive Quranic verses, narrations, and historical precedents—such as the rule of the [[Queen of Sheba]]—Narimani asserts that General Evidences  (&#039;&#039;ʿumūmāt&#039;&#039;) on social obligations apply equally to men and women. The book is structured to first clarify key concepts and then systematically refute the arguments of opponents while bolstering the case for women&#039;s social and political engagement.&lt;br /&gt;
&lt;br /&gt;
== Introduction ==&lt;br /&gt;
Seyyed Mahdi Narimani Zamani&#039;s “A New Exploration into Women&#039;s Social Presence” is published by [[Astan Quds Razavi Publishing Foundation]]. The author believes that religion not only does not oppose women&#039;s presence in social and Public Offices and Political Mandates, but also agrees with and even endorses such women.&lt;br /&gt;
The book is written based on analytical reasoning. The author refutes the opponents’ arguments and employs rational proofs, narrations, and historical precedents to validate women’s assumption of social positions. The book also discusses on women’s involvement in social affairs by relying on numerous commonalities and/ or generalities available on rulings issued in this regard&lt;br /&gt;
&lt;br /&gt;
=== Structure of the Book ===&lt;br /&gt;
The book is divided into two chapters, each of which contains three sections. At the beginning of the first chapter, the author addresses the concepts needed for the course of the discussion. These include such concepts as Principle (‘‘Aṣl’’), rights, powers, Assuming responsibility for and holding administrative positions, Guardianship (‘‘Wilāyah’’), justice and Religious Obligation (‘‘Taklīf’’). (pp. 21-34) It asserts that holding Administrative and Judiciary, and governmental responsibilities is a Divine Stewardship—a heavy burden that reason dictates must be entrusted to the most competent individuals.(pp. 34-39). The chapter concludes by acknowledging physical differences between genders while affirming their equal capacity for Spiritual Transcendence. The author eventually discusses on four issues considering the Islamic view of gender: 1. Equality in gender identity which results in equality in perfection; 2. Differences between men and women may lead to a healthy family system; 3. There are provisions in Islam that are gender-based, such as holding the office of a judge by women which is controversial among Muslim jurists; 4. Women enjoy a special and high position in Islam (pp. 21-80).&lt;br /&gt;
&lt;br /&gt;
The second chapter of the book, called “examining the jurisprudential ruling”, deals with arguments provided by supporters and opponents and some points are made about women&#039;s presence in society. In the first part, the author provides and reviews the arguments of the opponents, and in the second part he approves the social presence of women by providing the arguments of its supporters. (pp. 81-252) In the third part, given that women may have social participation, the author reminds them of the following tips: 1. Women should avoid Gender Intermixing with men; 2. Women should seek contributions that are compatible with Inherent Dignity  and the spirit of femininity; 3. Women are the foundation for home and the family; 4. Men are primarily responsible to work and provide the Financial Maintenance. (pp. 252-261)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Arguments for Permissibility ==&lt;br /&gt;
The author provides several reasons to prove the permission for women&#039;s participation in social and political activities.&lt;br /&gt;
&lt;br /&gt;
==== Enjoining Good and Forbidding Evil ====&lt;br /&gt;
One of the Islamic obligations is Civic Oversight to improve society. According to the verse “المومنون و المومنات بعضهم اولیاء بعض یامرون بالمعروف و ینهون عن المنکر&amp;quot; , The term “‘‘Awliyā’’” (guardians/friends) implies authority and Guardianship (‘‘Wilāyah’’). Consequently, all Muslim men and women possess the authority to enjoin their religious brethren to perform political good and forbid political evil. Furthermore, the The Conduct of the Rational (‘‘Sīrat al-ʿUqalā’’) has always been to entrust affairs to the most competent individuals, regarding gender as irrelevant to professional competence.&lt;br /&gt;
&lt;br /&gt;
=== The application and generality of Narrational arguments related to the Guardianship of the Jurist (‘‘Wilāyat al-Faqīh’’) and the obligation to stand up for justice ===&lt;br /&gt;
&lt;br /&gt;
* The author cites six narrations establishing the necessity of a societal ruler; these texts are Absolute (‘‘muṭlaq’’), making no stipulation that the ruler must be male.He also notes that there are hadiths that refer to the obligation to stand up for justice and act in accordance with the Divine Revelations, without making any reference to the gender of those who speak the truth and approve the right behavior according to Divine Revelation. Citing the prophetic hadith, “Whoever wakes up without concern for the affairs of Muslims is not one of them,” he concludes that this general duty encompasses women’s holding of social and political offices. He continues to list several other reasons as evidence that women are allowed to participate in politics and hold social positions. It is explained that if women learn knowledge but do not act accordingly, then the need to learn knowledge will be meaningless.&lt;br /&gt;
&lt;br /&gt;
=== Historical quotes from Prophets (pbuh) and the Governance of Imam al-Mahdi (May God hasten his glad advent) ===&lt;br /&gt;
One of the reasons cited by the author is the The Rule of the Queen of Sheba (Bilqīs), a woman whose story is narrated in the Holy Quran, and Allah Almighty did not condemn her, but Tacit Approval and was pleased with her Guardianship (‘‘Wilāyah’’). He also reports twenty-seven narratives about women who were guardians, agents or advisors and Prophet Muhammad (s) consulted with them in matters of jihad, economics, knowledge and the fight against oppression, and these narratives show that the Prophet (PBUH) consented to the participation and presence of women. Some narratives on Mahadism also state that 50 of the main companions of  Mahdi (May God hasten his glad advent) will be women. Alternatively, during the presence of  Mahdi, wisdom will reach such a level that women will judge based on the Book and Sunnah of God.&lt;br /&gt;
&lt;br /&gt;
=== Rational Arguments for Participation ===&lt;br /&gt;
The author states two logical reasons why women are allowed to hold judicial and administrative positions: 1. Gender does not matter in rational proofs for Wilayat; what matters is only the need to implement the divine decrees and observe the limits set by God in the period of The Major Occultation (‘‘Ghaybah’’). This would require an expert Faqih and it can be fulfilled by both men and women. 2. The Principle (‘‘Aṣl’’) of participation in administrative and social affairs is one of the fundamental principles to establish a state. There must be clear reasons for excluding people from such participation. No such justification exists.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Critique of Opposing Arguments ==&lt;br /&gt;
The author reviews the fatwas of contemporary jurists regarding gender requirements for high offices. While some, like [[Sayyid Muhammad Sadiq Rohani]], restrict all such positions to men, others, such as [[Seyyed Musa Shubeyri Zanjani|Sayyid Musa Shubayri Zanjani]], limit the restriction primarily to judgeship (&#039;&#039;qaḍāwat&#039;&#039;) and religious authority (&#039;&#039;marjaʿiyyah&#039;&#039;).&lt;br /&gt;
&lt;br /&gt;
=== The Verse of Qiwāmah (Guardianship) ===&lt;br /&gt;
The author identifies &#039;&#039;&#039;Qur’an 4:34&#039;&#039;&#039; (The Verse of Qiwāmah) as the primary scriptural basis for opposition. Opponents argue this verse establishes men’s authority and superiority over women due to their financial support. This verse can be relied on only if it refers to the dominance of men over women in the home and society, not to the obligations of men towards their wives. Using the opinions of the commentators, the author explains that this verse was revealed in relation to marital discord and the payment of maintenance money and considers that the verse expresses the dominance of men over their wives. He believes that even by A Fortiori Argument, it cannot be inferred that men have Guardianship (‘‘Wilāyah’’) over women in society. Even if the verse were generalized to imply male Guardianship (‘‘Wilāyah’’) in society, it would not necessitate prohibition, as ‘‘Qiwāmah’’ implies caretaking rather than Absolute domination, and even if it did, it would not prevent women from participating in such matters.&lt;br /&gt;
&lt;br /&gt;
=== The Verse of Rank (‘‘Darajah’’) ===&lt;br /&gt;
Another verse mentioned in the book is the [[Verse 228 of Surah al-Baqarah|Qurʾan 2:228]], which points to the mutual rights of spouses over each other and the superior degree of the rights of men over their wives. If this verse refers to the Guardianship (‘‘Wilāyah’’) of men over women within the family or outside, there may be a reason to oppose women&#039;s participation; However, the author argues that even under this assumption, the word “degree” (‘‘darajah’’) is an Indefinite Noun in an affirmative context, which does not imply Absolute superiority in all aspects. In addition, since the verse is about divorce, possible superiority of men in relation to the right to divorce is reinforced.&lt;br /&gt;
&lt;br /&gt;
=== The Verse of Ornament (‘‘Ḥilyah’’) and Tabarruj ===&lt;br /&gt;
Another verse that, in the author&#039;s opinion, attracted the attention of the opponents is The Verse of Ornament (‘‘Ḥilyah’’) (Qurʾan 43:18) &amp;quot;What! One who is brought up amid ornaments and is inconspicuous in contests (do you take her as the daughter of God)?&amp;quot; Opponents interpret this verse to mean that women are naturally inclined towards adornment and lack the capacity for strong argumentation and reasoning. In The Verse of Display (‘‘Tabarruj’’) (Qurʾan 33:33), women are commanded to stay at home and not to go out in public as they did at the age of ignorance. The social presence of women is contrary to the clear prohibition in the verse and Gender Intermixing with Non-Maḥrams. He believes that The Verse of Display (‘‘Tabarruj’’) cannot be relied on because of its brevity in identifying the pronouns and the relevant conjunctive nouns used in the verse. Furthermore, in his criticism of The Verse of Display (‘‘Tabarruj’’), he thinks that the verdict is particularly confined to the wives of Prophet Muhammad (s), and because of different readings, it could mean that they should observe dignity and solemnity instead of staying at home. Finally, none of the above verses proves that women should not participate in administrative and Guardianship (‘‘Wilāyah’’) affairs. &lt;br /&gt;
&lt;br /&gt;
=== Opponents’ Narrational Arguments ===&lt;br /&gt;
Proponents’ arguments in this regard can be found in narratives reported by Shiites and narratives reported by Sunnis. These include opposition to women&#039;s participation in good deeds, no permission to judge, prohibition of women going out, prohibition to consult with them, less enjoyment of the blessing of reason, Prophet Muhammad’s hatred of entrusting women with Assuming responsibility for affairs, and that a state ruled by women cannot achieve prosperity. The author dismisses these narrations, noting that some contradict explicit Qur’anic texts, while others are weak in their chain of transmission (‘‘sanad’’), some are confined to the time when they were issued, some are objected by the Companions, and some that provide guidance. Among other reasons is that none of the above verses clearly forbids holding administrative positions by women.&lt;br /&gt;
&lt;br /&gt;
=== Important Non-textual arguments (‘‘Adillah Lubbiyyah’’) of the opponents of women’s participation, such as The The Normative Consciousness of the Devout (‘‘Irtikāz al-Mutasharriʿah’’), Juridical Consensus  and The Conduct of the Rational ===&lt;br /&gt;
Opponents of women’s participation in society have relied on Non-textual arguments (‘‘Adillah Lubbiyyah’’) such as The The Normative Consciousness of the Devout (‘‘Irtikāz al-Mutasharriʿah’’), Juridical Consensus, The Conduct of the Rational and Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’). “Understanding” (‘‘Irtikāz’’) here refers to the mindset ingrained in devout Muslims, assuming that the Lawgiver prefers women to remain at home and focus on domestic duties. Of course, this the understanding is mentioned in narratives, but The author refutes this by citing historical examples that contradict such an understanding (‘‘Irtikāz’’), most notably the commercial activities of [[Khadija bint Khuwaylid|Hazrat Khadijah]]. Regarding consensus (‘‘ijmāʿ’’), he argues there is no definitive Juridical Consensus on the condition of Masculinity (‘‘Dhukūrah’’); any existing consensus is likely “Evidence-Based Consensus” (‘‘madrakī’’) rather than independent proof. Still, Reputation in Narration (‘‘Shuhrah Riwāʾiyyah’’) and Practice (‘‘Shuhrah ʿAmaliyyah’’) are not achieved based on a few weak hadiths. Nor can Reputation in Fatwa (‘‘Shuhrah Fatwāʾiyyah’’) be found because it has not been disputed in the past.&lt;br /&gt;
&lt;br /&gt;
==== Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’) and other reasons ====&lt;br /&gt;
The increasing presence of women, their Gender Intermixing with Non-Maḥrams and some other moral deviations are also the reasons that the author cites as the beginning of the presence of women in positions of power. Opponents argue that since women’s social presence is a preliminary to prohibited acts, it is also prohibited (based on the rule that “the The Preliminary to a Prohibited Act act is haram”). The author rejects this, noting firstly the jurisprudential dispute over whether a preliminary act is inherently forbidden. But he rejects this reasoning and says: First, there is controversy over the view that Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’) is haram itself. Second, evil consequences enumerated by opponents are only because of increasing presence of women, even as clients; while no wise man would forbid it. Other arguments provided by the author are based on Reliance on the The Minimum Certainty (‘‘Qadr al-Mutayaqqan’’) and his reliance on the Principle (‘‘Aṣl’’) that women cannot judge and he believes that Masculinity (‘‘Dhukūrah’’) is neither a certain nor a Principle (‘‘Aṣl’’). &lt;br /&gt;
[[fa:کاوشی نو در مسئله حضور اجتماعی زنان (کتاب)]]&lt;br /&gt;
[[category:Books by Astan Quds Razavi Publishing Foundation]]&lt;br /&gt;
[[category:Books by Seyyed Mahdi Narimani]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=A_New_Exploration_into_Women%27s_Social_Presence_(Book)&amp;diff=2731</id>
		<title>A New Exploration into Women&#039;s Social Presence (Book)</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=A_New_Exploration_into_Women%27s_Social_Presence_(Book)&amp;diff=2731"/>
		<updated>2026-05-11T12:40:26Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* Introduction */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;{{infobox book&lt;br /&gt;
| name = A New Inquiry into the Issue of Women&#039;s Social Participation&lt;br /&gt;
| image = A New Inquiry into the Issue of Women&#039;s Social Participation.jpg&lt;br /&gt;
| original_title = کاوشی نو در مسئله حضور اجتماعی زنان&lt;br /&gt;
| author = [[Seyyed Mahdi Narimani Zamani]]&lt;br /&gt;
| language = Persian&lt;br /&gt;
| topic = [[Women&#039;s rights in Islam]], [[Political jurisprudence]]&lt;br /&gt;
| publisher = [[Astan Quds Razavi Publishing Foundation]]&lt;br /&gt;
| publication_place = Mashhad&lt;br /&gt;
| publication_date = 1394 SH (2015 CE)&lt;br /&gt;
| pages = 292&lt;br /&gt;
}}&lt;br /&gt;
{{Author&lt;br /&gt;
|author = Reza Shams&lt;br /&gt;
|author2 = &lt;br /&gt;
|author3 = &lt;br /&gt;
|compiler = &lt;br /&gt;
|editor1 = &lt;br /&gt;
|editor2 = &lt;br /&gt;
|editor3 = &lt;br /&gt;
}}&lt;br /&gt;
*&#039;&#039;&#039;Abstract&#039;&#039;&#039;&lt;br /&gt;
&#039;&#039;&#039;A New Inquiry into the Issue of Women&#039;s Social Participation&#039;&#039;&#039; (Persian: [https://ency.feqhemoaser.com/fa/view/%DA%A9%D8%A7%D9%88%D8%B4%DB%8C_%D9%86%D9%88_%D8%AF%D8%B1_%D9%85%D8%B3%D8%A6%D9%84%D9%87_%D8%AD%D8%B6%D9%88%D8%B1_%D8%A7%D8%AC%D8%AA%D9%85%D8%A7%D8%B9%DB%8C_%D8%B2%D9%86%D8%A7%D9%86_(%DA%A9%D8%AA%D8%A7%D8%A8) &#039;&#039;کاوشی نو در مسئله حضور اجتماعی زنان&#039;&#039;]) is a Persian work by [[Seyyed Mahdi Narimani Zamani]] that challenges the Traditionalist Jurisprudential Paradigm on gender restrictions in holding [[political positions|Public Offices and Political Mandates]], such as Administrative and Judiciary, and leadership roles. The author argues against the Juridical Juridical Juridical Juridical Consensus that discourages women&#039;s social presence, positing instead that Islam not only permits but potentially endorses women&#039;s Active participation in society.&lt;br /&gt;
&lt;br /&gt;
Through a critical analysis of opposing arguments and by citing supportive Quranic verses, narrations, and historical precedents—such as the rule of the [[Queen of Sheba]]—Narimani asserts that General Evidences  (&#039;&#039;ʿumūmāt&#039;&#039;) on social obligations apply equally to men and women. The book is structured to first clarify key concepts and then systematically refute the arguments of opponents while bolstering the case for women&#039;s social and political engagement.&lt;br /&gt;
&lt;br /&gt;
== Introduction ==&lt;br /&gt;
Seyyed Mahdi Narimani Zamani&#039;s “A New Exploration into Women&#039;s Social Presence” is published by [[Astan Quds Razavi Publishing Foundation]]. The author believes that religion not only does not oppose women&#039;s presence in social and Public Offices and Political Mandates, but also agrees with and even endorses such women.&lt;br /&gt;
The book is written based on analytical reasoning. The author refutes the opponents’ arguments and employs rational proofs, narrations, and historical precedents to validate women’s assumption of social positions. The book also discusses on women’s involvement in social affairs by relying on numerous commonalities and/ or generalities available on rulings issued in this regard&lt;br /&gt;
&lt;br /&gt;
=== Structure of the Book ===&lt;br /&gt;
The book is divided into two chapters, each of which contains three sections. At the beginning of the first chapter, the author addresses the concepts needed for the course of the discussion. These include such concepts as Principle (‘‘Aṣl’’), rights, powers, Assuming responsibility for and holding administrative positions, Guardianship (‘‘Wilāyah’’), justice and Religious Obligation (‘‘Taklīf’’). (pp. 21-34) It asserts that holding Administrative and Judiciary, and governmental responsibilities is a Divine Stewardship—a heavy burden that reason dictates must be entrusted to the most competent individuals.(pp. 34-39). The chapter concludes by acknowledging physical differences between genders while affirming their equal capacity for Spiritual Transcendence. The author eventually discusses on four issues considering the Islamic view of gender: 1. Equality in gender identity which results in equality in perfection; 2. Differences between men and women may lead to a healthy family system; 3. There are provisions in Islam that are gender-based, such as holding the office of a judge by women which is controversial among Muslim jurists; 4. Women enjoy a special and high position in Islam (pp. 21-80).&lt;br /&gt;
&lt;br /&gt;
The second chapter of the book, called “examining the jurisprudential ruling”, deals with arguments provided by supporters and opponents and some points are made about women&#039;s presence in society. In the first part, the author provides and reviews the arguments of the opponents, and in the second part he approves the social presence of women by providing the arguments of its supporters. (pp. 81-252) In the third part, given that women may have social participation, the author reminds them of the following tips: 1. Women should avoid Gender Intermixing with men; 2. Women should seek contributions that are compatible with Inherent Dignity  and the spirit of femininity; 3. Women are the foundation for home and the family; 4. Men are primarily responsible to work and provide the Financial Maintenance. (pp. 252-261)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Arguments for Permissibility ==&lt;br /&gt;
The author provides several reasons to prove the permission for women&#039;s participation in social and political activities.&lt;br /&gt;
&lt;br /&gt;
==== Enjoining Good and Forbidding Evil ====&lt;br /&gt;
One of the Islamic obligations is Civic Oversight to improve society. According to the verse “المومنون و المومنات بعضهم اولیاء بعض یامرون بالمعروف و ینهون عن المنکر&amp;quot; , The term “‘‘Awliyā’’” (guardians/friends) implies authority and Guardianship (‘‘Wilāyah’’). Consequently, all Muslim men and women possess the authority to enjoin their religious brethren to perform political good and forbid political evil. Furthermore, the The Conduct of the Rational (‘‘Sīrat al-ʿUqalā’’) has always been to entrust affairs to the most competent individuals, regarding gender as irrelevant to professional competence.&lt;br /&gt;
&lt;br /&gt;
=== The application and generality of Narrational arguments related to the Guardianship of the Jurist (‘‘Wilāyat al-Faqīh’’) and the obligation to stand up for justice ===&lt;br /&gt;
&lt;br /&gt;
* The author cites six narrations establishing the necessity of a societal ruler; these texts are Absolute (‘‘muṭlaq’’), making no stipulation that the ruler must be male.He also notes that there are hadiths that refer to the obligation to stand up for justice and act in accordance with the Divine Revelations, without making any reference to the gender of those who speak the truth and approve the right behavior according to Divine Revelation. Citing the prophetic hadith, “Whoever wakes up without concern for the affairs of Muslims is not one of them,” he concludes that this general duty encompasses women’s holding of social and political offices. He continues to list several other reasons as evidence that women are allowed to participate in politics and hold social positions. It is explained that if women learn knowledge but do not act accordingly, then the need to learn knowledge will be meaningless.&lt;br /&gt;
&lt;br /&gt;
=== Historical quotes from Prophets (pbuh) and the Governance of Imam al-Mahdi (May God hasten his glad advent) ===&lt;br /&gt;
One of the reasons cited by the author is the The Rule of the Queen of Sheba (Bilqīs), a woman whose story is narrated in the Holy Quran, and Allah Almighty did not condemn her, but Tacit Approval and was pleased with her Guardianship (‘‘Wilāyah’’). He also reports twenty-seven narratives about women who were guardians, agents or advisors and Prophet Muhammad (s) consulted with them in matters of jihad, economics, knowledge and the fight against oppression, and these narratives show that the Prophet (PBUH) consented to the participation and presence of women. Some narratives on Mahadism also state that 50 of the main companions of  Mahdi (May God hasten his glad advent) will be women. Alternatively, during the presence of  Mahdi, wisdom will reach such a level that women will judge based on the Book and Sunnah of God.&lt;br /&gt;
&lt;br /&gt;
=== Rational Arguments for Participation ===&lt;br /&gt;
The author states two logical reasons why women are allowed to hold judicial and administrative positions: 1. Gender does not matter in rational proofs for Wilayat; what matters is only the need to implement the divine decrees and observe the limits set by God in the period of The Major Occultation (‘‘Ghaybah’’). This would require an expert Faqih and it can be fulfilled by both men and women. 2. The Principle (‘‘Aṣl’’) of participation in administrative and social affairs is one of the fundamental principles to establish a state. There must be clear reasons for excluding people from such participation. No such justification exists.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Critique of Opposing Arguments ==&lt;br /&gt;
The author reviews the fatwas of contemporary jurists regarding gender requirements for high offices. While some, like [[Sayyid Muhammad Sadiq Rohani]], restrict all such positions to men, others, such as [[Seyyed Musa Shubeyri Zanjani|Sayyid Musa Shubayri Zanjani]], limit the restriction primarily to judgeship (&#039;&#039;qaḍāwat&#039;&#039;) and religious authority (&#039;&#039;marjaʿiyyah&#039;&#039;).&lt;br /&gt;
&lt;br /&gt;
=== The Verse of Qiwāmah (Guardianship) ===&lt;br /&gt;
The author identifies &#039;&#039;&#039;Qur’an 4:34&#039;&#039;&#039; (The Verse of Qiwāmah) as the primary scriptural basis for opposition. Opponents argue this verse establishes men’s authority and superiority over women due to their financial support. This verse can be relied on only if it refers to the dominance of men over women in the home and society, not to the obligations of men towards their wives. Using the opinions of the commentators, the author explains that this verse was revealed in relation to marital discord and the payment of maintenance money and considers that the verse expresses the dominance of men over their wives. He believes that even by A Fortiori Argument, it cannot be inferred that men have Guardianship (‘‘Wilāyah’’) over women in society. Even if the verse were generalized to imply male Guardianship (‘‘Wilāyah’’) in society, it would not necessitate prohibition, as ‘‘Qiwāmah’’ implies caretaking rather than Absolute domination, and even if it did, it would not prevent women from participating in such matters.&lt;br /&gt;
&lt;br /&gt;
=== The Verse of Rank (‘‘Darajah’’) ===&lt;br /&gt;
Another verse mentioned in the book is the [[Verse 228 of Surah al-Baqarah|Qurʾan 2:228]], which points to the mutual rights of spouses over each other and the superior degree of the rights of men over their wives. If this verse refers to the Guardianship (‘‘Wilāyah’’) of men over women within the family or outside, there may be a reason to oppose women&#039;s participation; However, the author argues that even under this assumption, the word “degree” (‘‘darajah’’) is an indefinite noun in an affirmative context, which does not imply Absolute superiority in all aspects. In addition, since the verse is about divorce, possible superiority of men in relation to the right to divorce is reinforced.&lt;br /&gt;
&lt;br /&gt;
=== The Verse of Ornament (‘‘Ḥilyah’’) and Tabarruj ===&lt;br /&gt;
Another verse that, in the author&#039;s opinion, attracted the attention of the opponents is The Verse of Ornament (‘‘Ḥilyah’’) (Qurʾan 43:18) &amp;quot;What! One who is brought up amid ornaments and is inconspicuous in contests (do you take her as the daughter of God)?&amp;quot; Opponents interpret this verse to mean that women are naturally inclined towards adornment and lack the capacity for strong argumentation and reasoning. In The Verse of Display (‘‘Tabarruj’’) (Qurʾan 33:33), women are commanded to stay at home and not to go out in public as they did at the age of ignorance. The social presence of women is contrary to the clear prohibition in the verse and Gender Intermixing with Non-Maḥrams. He believes that The Verse of Display (‘‘Tabarruj’’) cannot be relied on because of its brevity in identifying the pronouns and the relevant conjunctive nouns used in the verse. Furthermore, in his criticism of The Verse of Display (‘‘Tabarruj’’), he thinks that the verdict is particularly confined to the wives of Prophet Muhammad (s), and because of different readings, it could mean that they should observe dignity and solemnity instead of staying at home. Finally, none of the above verses proves that women should not participate in administrative and Guardianship (‘‘Wilāyah’’) affairs. &lt;br /&gt;
&lt;br /&gt;
=== Opponents’ Narrational Arguments ===&lt;br /&gt;
Proponents’ arguments in this regard can be found in narratives reported by Shiites and narratives reported by Sunnis. These include opposition to women&#039;s participation in good deeds, no permission to judge, prohibition of women going out, prohibition to consult with them, less enjoyment of the blessing of reason, Prophet Muhammad’s hatred of entrusting women with Assuming responsibility for affairs, and that a state ruled by women cannot achieve prosperity. The author dismisses these narrations, noting that some contradict explicit Qur’anic texts, while others are weak in their chain of transmission (‘‘sanad’’), some are confined to the time when they were issued, some are objected by the Companions, and some that provide guidance. Among other reasons is that none of the above verses clearly forbids holding administrative positions by women.&lt;br /&gt;
&lt;br /&gt;
=== Important Non-textual arguments (‘‘Adillah Lubbiyyah’’) of the opponents of women’s participation, such as The The Normative Consciousness of the Devout (‘‘Irtikāz al-Mutasharriʿah’’), Juridical Consensus  and The Conduct of the Rational ===&lt;br /&gt;
Opponents of women’s participation in society have relied on Non-textual arguments (‘‘Adillah Lubbiyyah’’) such as The The Normative Consciousness of the Devout (‘‘Irtikāz al-Mutasharriʿah’’), Juridical Consensus, The Conduct of the Rational and Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’). “Understanding” (‘‘Irtikāz’’) here refers to the mindset ingrained in devout Muslims, assuming that the Lawgiver prefers women to remain at home and focus on domestic duties. Of course, this the understanding is mentioned in narratives, but The author refutes this by citing historical examples that contradict such an understanding (‘‘Irtikāz’’), most notably the commercial activities of [[Khadija bint Khuwaylid|Hazrat Khadijah]]. Regarding consensus (‘‘ijmāʿ’’), he argues there is no definitive Juridical Consensus on the condition of Masculinity (‘‘Dhukūrah’’); any existing consensus is likely “Evidence-Based Consensus” (‘‘madrakī’’) rather than independent proof. Still, Reputation in Narration (‘‘Shuhrah Riwāʾiyyah’’) and Practice (‘‘Shuhrah ʿAmaliyyah’’) are not achieved based on a few weak hadiths. Nor can Reputation in Fatwa (‘‘Shuhrah Fatwāʾiyyah’’) be found because it has not been disputed in the past.&lt;br /&gt;
&lt;br /&gt;
==== Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’) and other reasons ====&lt;br /&gt;
The increasing presence of women, their Gender Intermixing with Non-Maḥrams and some other moral deviations are also the reasons that the author cites as the beginning of the presence of women in positions of power. Opponents argue that since women’s social presence is a preliminary to prohibited acts, it is also prohibited (based on the rule that “the The Preliminary to a Prohibited Act act is haram”). The author rejects this, noting firstly the jurisprudential dispute over whether a preliminary act is inherently forbidden. But he rejects this reasoning and says: First, there is controversy over the view that Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’) is haram itself. Second, evil consequences enumerated by opponents are only because of increasing presence of women, even as clients; while no wise man would forbid it. Other arguments provided by the author are based on Reliance on the The Minimum Certainty (‘‘Qadr al-Mutayaqqan’’) and his reliance on the Principle (‘‘Aṣl’’) that women cannot judge and he believes that Masculinity (‘‘Dhukūrah’’) is neither a certain nor a Principle (‘‘Aṣl’’). &lt;br /&gt;
[[fa:کاوشی نو در مسئله حضور اجتماعی زنان (کتاب)]]&lt;br /&gt;
[[category:Books by Astan Quds Razavi Publishing Foundation]]&lt;br /&gt;
[[category:Books by Seyyed Mahdi Narimani]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=A_New_Exploration_into_Women%27s_Social_Presence_(Book)&amp;diff=2730</id>
		<title>A New Exploration into Women&#039;s Social Presence (Book)</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=A_New_Exploration_into_Women%27s_Social_Presence_(Book)&amp;diff=2730"/>
		<updated>2026-05-11T12:39:45Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* Introduction */&lt;/p&gt;
&lt;hr /&gt;
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| image = A New Inquiry into the Issue of Women&#039;s Social Participation.jpg&lt;br /&gt;
| original_title = کاوشی نو در مسئله حضور اجتماعی زنان&lt;br /&gt;
| author = [[Seyyed Mahdi Narimani Zamani]]&lt;br /&gt;
| language = Persian&lt;br /&gt;
| topic = [[Women&#039;s rights in Islam]], [[Political jurisprudence]]&lt;br /&gt;
| publisher = [[Astan Quds Razavi Publishing Foundation]]&lt;br /&gt;
| publication_place = Mashhad&lt;br /&gt;
| publication_date = 1394 SH (2015 CE)&lt;br /&gt;
| pages = 292&lt;br /&gt;
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{{Author&lt;br /&gt;
|author = Reza Shams&lt;br /&gt;
|author2 = &lt;br /&gt;
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|compiler = &lt;br /&gt;
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*&#039;&#039;&#039;Abstract&#039;&#039;&#039;&lt;br /&gt;
&#039;&#039;&#039;A New Inquiry into the Issue of Women&#039;s Social Participation&#039;&#039;&#039; (Persian: [https://ency.feqhemoaser.com/fa/view/%DA%A9%D8%A7%D9%88%D8%B4%DB%8C_%D9%86%D9%88_%D8%AF%D8%B1_%D9%85%D8%B3%D8%A6%D9%84%D9%87_%D8%AD%D8%B6%D9%88%D8%B1_%D8%A7%D8%AC%D8%AA%D9%85%D8%A7%D8%B9%DB%8C_%D8%B2%D9%86%D8%A7%D9%86_(%DA%A9%D8%AA%D8%A7%D8%A8) &#039;&#039;کاوشی نو در مسئله حضور اجتماعی زنان&#039;&#039;]) is a Persian work by [[Seyyed Mahdi Narimani Zamani]] that challenges the Traditionalist Jurisprudential Paradigm on gender restrictions in holding [[political positions|Public Offices and Political Mandates]], such as Administrative and Judiciary, and leadership roles. The author argues against the Juridical Juridical Juridical Juridical Consensus that discourages women&#039;s social presence, positing instead that Islam not only permits but potentially endorses women&#039;s Active participation in society.&lt;br /&gt;
&lt;br /&gt;
Through a critical analysis of opposing arguments and by citing supportive Quranic verses, narrations, and historical precedents—such as the rule of the [[Queen of Sheba]]—Narimani asserts that General Evidences  (&#039;&#039;ʿumūmāt&#039;&#039;) on social obligations apply equally to men and women. The book is structured to first clarify key concepts and then systematically refute the arguments of opponents while bolstering the case for women&#039;s social and political engagement.&lt;br /&gt;
&lt;br /&gt;
== Introduction ==&lt;br /&gt;
Seyyed Mahdi Narimani Zamani&#039;s “A New Exploration into Women&#039;s Social Presence” is published by [[Astan Quds Razavi Publishing Foundation]]. The author believes that religion not only does not oppose women&#039;s presence in social and Public Offices and Political Mandates, but also agrees with and even endorses such women.&lt;br /&gt;
The book is written based on analytical reasoning. The author refutes the opponents’ arguments and employs rational proofs, narrations, and historical precedents to validate women’s assumption of social positions. The book also discusses on women’s involvement in social affairs by relying on numerous commonalities and/ or generalities available on rulings issued in this regard&lt;br /&gt;
&lt;br /&gt;
=== Structure of the Book ===&lt;br /&gt;
The book is divided into two chapters, each of which contains three sections. At the beginning of the first chapter, the author addresses the concepts needed for the course of the discussion. These include such concepts as Principle (‘‘Aṣl’’), rights, powers, Assuming responsibility for and holding administrative positions, Guardianship (‘‘Wilāyah’’), justice and Religious Obligation (‘‘Taklīf’’). (pp. 21-34) It asserts that holding Administrative and Judiciary, and governmental responsibilities is a Divine Stewardship—a heavy burden that reason dictates must be entrusted to the most competent individuals.(pp. 34-39). The chapter concludes by acknowledging physical differences between genders while affirming their equal capacity for Spiritual Transcendence. The author eventually discusses on four issues considering the Islamic view of gender: 1. Equality in gender identity which results in equality in perfection; 2. Differences between men and women may lead to a healthy family system; 3. There are provisions in Islam that are gender-based, such as holding the office of a judge by women which is controversial among Muslim jurists; 4. Women enjoy a special and high position in Islam (pp. 21-80).&lt;br /&gt;
&lt;br /&gt;
The second chapter of the book, called “examining the jurisprudential ruling”, deals with arguments provided by supporters and opponents and some points are made about women&#039;s presence in society. In the first part, the author provides and reviews the arguments of the opponents, and in the second part he approves the social presence of women by providing the arguments of its supporters. (pp. 81-252) In the third part, given that women may have social participation, the author reminds them of the following tips: 1. Women should avoid Gender Intermixing with men; 2. Women should seek contributions that are compatible with Inherent Dignity  and the spirit of femininity; 3. Women are the foundation for home and the family; 4. Men are primarily responsible to work and provide the Financial Maintenance. (pp. 252-261)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Arguments for Permissibility ==&lt;br /&gt;
The author provides several reasons to prove the permission for women&#039;s participation in social and political activities.&lt;br /&gt;
&lt;br /&gt;
==== Enjoining Good and Forbidding Evil ====&lt;br /&gt;
One of the Islamic obligations is Civic Oversight to improve society. According to the verse “المومنون و المومنات بعضهم اولیاء بعض یامرون بالمعروف و ینهون عن المنکر&amp;quot; , The term “‘‘Awliyā’’” (guardians/friends) implies authority and Guardianship (‘‘Wilāyah’’). Consequently, all Muslim men and women possess the authority to enjoin their religious brethren to perform political good and forbid political evil. Furthermore, the The Conduct of the Rational (‘‘Sīrat al-ʿUqalā’’) has always been to entrust affairs to the most competent individuals, regarding gender as irrelevant to professional competence.&lt;br /&gt;
&lt;br /&gt;
=== The application and generality of Narrational arguments related to the Guardianship of the Jurist (‘‘Wilāyat al-Faqīh’’) and the obligation to stand up for justice ===&lt;br /&gt;
&lt;br /&gt;
* The author cites six narrations establishing the necessity of a societal ruler; these texts are Absolute (‘‘muṭlaq’’), making no stipulation that the ruler must be male.He also notes that there are hadiths that refer to the obligation to stand up for justice and act in accordance with the Divine Revelations, without making any reference to the gender of those who speak the truth and approve the right behavior according to Divine Revelation. Citing the prophetic hadith, “Whoever wakes up without concern for the affairs of Muslims is not one of them,” he concludes that this general duty encompasses women’s holding of social and political offices. He continues to list several other reasons as evidence that women are allowed to participate in politics and hold social positions. It is explained that if women learn knowledge but do not act accordingly, then the need to learn knowledge will be meaningless.&lt;br /&gt;
&lt;br /&gt;
=== Historical quotes from Prophets (pbuh) and the Governance of Imam al-Mahdi (May God hasten his glad advent) ===&lt;br /&gt;
One of the reasons cited by the author is the The Rule of the Queen of Sheba (Bilqīs), a woman whose story is narrated in the Holy Quran, and Allah Almighty did not condemn her, but Tacit Approval and was pleased with her Guardianship (‘‘Wilāyah’’). He also reports twenty-seven narratives about women who were guardians, agents or advisors and Prophet Muhammad (s) consulted with them in matters of jihad, economics, knowledge and the fight against oppression, and these narratives show that the Prophet (PBUH) consented to the participation and presence of women. Some narratives on Mahadism also state that 50 of the main companions of  Mahdi (May God hasten his glad advent) will be women. Alternatively, during the presence of  Mahdi, wisdom will reach such a level that women will judge based on the Book and Sunnah of God.&lt;br /&gt;
&lt;br /&gt;
=== Rational Arguments for Participation ===&lt;br /&gt;
The author states two logical reasons why women are allowed to hold judicial and administrative positions: 1. Gender does not matter in rational proofs for Wilayat; what matters is only the need to implement the divine decrees and observe the limits set by God in the period of The Major Occultation (‘‘Ghaybah’’). This would require an expert Faqih and it can be fulfilled by both men and women. 2. The Principle (‘‘Aṣl’’) of participation in administrative and social affairs is one of the fundamental principles to establish a state. There must be clear reasons for excluding people from such participation. No such justification exists.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Critique of Opposing Arguments ==&lt;br /&gt;
The author reviews the fatwas of contemporary jurists regarding gender requirements for high offices. While some, like [[Sayyid Muhammad Sadiq Rohani]], restrict all such positions to men, others, such as [[Seyyed Musa Shubeyri Zanjani|Sayyid Musa Shubayri Zanjani]], limit the restriction primarily to judgeship (&#039;&#039;qaḍāwat&#039;&#039;) and religious authority (&#039;&#039;marjaʿiyyah&#039;&#039;).&lt;br /&gt;
&lt;br /&gt;
=== The Verse of Qiwāmah (Guardianship) ===&lt;br /&gt;
The author identifies &#039;&#039;&#039;Qur’an 4:34&#039;&#039;&#039; (The Verse of Qiwāmah) as the primary scriptural basis for opposition. Opponents argue this verse establishes men’s authority and superiority over women due to their financial support. This verse can be relied on only if it refers to the dominance of men over women in the home and society, not to the obligations of men towards their wives. Using the opinions of the commentators, the author explains that this verse was revealed in relation to marital discord and the payment of maintenance money and considers that the verse expresses the dominance of men over their wives. He believes that even by analogy of priority, it cannot be inferred that men have Guardianship (‘‘Wilāyah’’) over women in society. Even if the verse were generalized to imply male Guardianship (‘‘Wilāyah’’) in society, it would not necessitate prohibition, as ‘‘Qiwāmah’’ implies caretaking rather than Absolute domination, and even if it did, it would not prevent women from participating in such matters.&lt;br /&gt;
&lt;br /&gt;
=== The Verse of Rank (‘‘Darajah’’) ===&lt;br /&gt;
Another verse mentioned in the book is the [[Verse 228 of Surah al-Baqarah|Qurʾan 2:228]], which points to the mutual rights of spouses over each other and the superior degree of the rights of men over their wives. If this verse refers to the Guardianship (‘‘Wilāyah’’) of men over women within the family or outside, there may be a reason to oppose women&#039;s participation; However, the author argues that even under this assumption, the word “degree” (‘‘darajah’’) is an indefinite noun in an affirmative context, which does not imply Absolute superiority in all aspects. In addition, since the verse is about divorce, possible superiority of men in relation to the right to divorce is reinforced.&lt;br /&gt;
&lt;br /&gt;
=== The Verse of Ornament (‘‘Ḥilyah’’) and Tabarruj ===&lt;br /&gt;
Another verse that, in the author&#039;s opinion, attracted the attention of the opponents is The Verse of Ornament (‘‘Ḥilyah’’) (Qurʾan 43:18) &amp;quot;What! One who is brought up amid ornaments and is inconspicuous in contests (do you take her as the daughter of God)?&amp;quot; Opponents interpret this verse to mean that women are naturally inclined towards adornment and lack the capacity for strong argumentation and reasoning. In The Verse of Display (‘‘Tabarruj’’) (Qurʾan 33:33), women are commanded to stay at home and not to go out in public as they did at the age of ignorance. The social presence of women is contrary to the clear prohibition in the verse and Gender Intermixing with Non-Maḥrams. He believes that The Verse of Display (‘‘Tabarruj’’) cannot be relied on because of its brevity in identifying the pronouns and the relevant conjunctive nouns used in the verse. Furthermore, in his criticism of The Verse of Display (‘‘Tabarruj’’), he thinks that the verdict is particularly confined to the wives of Prophet Muhammad (s), and because of different readings, it could mean that they should observe dignity and solemnity instead of staying at home. Finally, none of the above verses proves that women should not participate in administrative and Guardianship (‘‘Wilāyah’’) affairs. &lt;br /&gt;
&lt;br /&gt;
=== Opponents’ Narrational Arguments ===&lt;br /&gt;
Proponents’ arguments in this regard can be found in narratives reported by Shiites and narratives reported by Sunnis. These include opposition to women&#039;s participation in good deeds, no permission to judge, prohibition of women going out, prohibition to consult with them, less enjoyment of the blessing of reason, Prophet Muhammad’s hatred of entrusting women with Assuming responsibility for affairs, and that a state ruled by women cannot achieve prosperity. The author dismisses these narrations, noting that some contradict explicit Qur’anic texts, while others are weak in their chain of transmission (‘‘sanad’’), some are confined to the time when they were issued, some are objected by the Companions, and some that provide guidance. Among other reasons is that none of the above verses clearly forbids holding administrative positions by women.&lt;br /&gt;
&lt;br /&gt;
=== Important Non-textual arguments (‘‘Adillah Lubbiyyah’’) of the opponents of women’s participation, such as The The Normative Consciousness of the Devout (‘‘Irtikāz al-Mutasharriʿah’’), Juridical Consensus  and The Conduct of the Rational ===&lt;br /&gt;
Opponents of women’s participation in society have relied on Non-textual arguments (‘‘Adillah Lubbiyyah’’) such as The The Normative Consciousness of the Devout (‘‘Irtikāz al-Mutasharriʿah’’), Juridical Consensus, The Conduct of the Rational and Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’). “Understanding” (‘‘Irtikāz’’) here refers to the mindset ingrained in devout Muslims, assuming that the Lawgiver prefers women to remain at home and focus on domestic duties. Of course, this the understanding is mentioned in narratives, but The author refutes this by citing historical examples that contradict such an understanding (‘‘Irtikāz’’), most notably the commercial activities of [[Khadija bint Khuwaylid|Hazrat Khadijah]]. Regarding consensus (‘‘ijmāʿ’’), he argues there is no definitive Juridical Consensus on the condition of Masculinity (‘‘Dhukūrah’’); any existing consensus is likely “Evidence-Based Consensus” (‘‘madrakī’’) rather than independent proof. Still, Reputation in Narration (‘‘Shuhrah Riwāʾiyyah’’) and Practice (‘‘Shuhrah ʿAmaliyyah’’) are not achieved based on a few weak hadiths. Nor can Reputation in Fatwa (‘‘Shuhrah Fatwāʾiyyah’’) be found because it has not been disputed in the past.&lt;br /&gt;
&lt;br /&gt;
==== Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’) and other reasons ====&lt;br /&gt;
The increasing presence of women, their Gender Intermixing with Non-Maḥrams and some other moral deviations are also the reasons that the author cites as the beginning of the presence of women in positions of power. Opponents argue that since women’s social presence is a preliminary to prohibited acts, it is also prohibited (based on the rule that “the The Preliminary to a Prohibited Act act is haram”). The author rejects this, noting firstly the jurisprudential dispute over whether a preliminary act is inherently forbidden. But he rejects this reasoning and says: First, there is controversy over the view that Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’) is haram itself. Second, evil consequences enumerated by opponents are only because of increasing presence of women, even as clients; while no wise man would forbid it. Other arguments provided by the author are based on Reliance on the The Minimum Certainty (‘‘Qadr al-Mutayaqqan’’) and his reliance on the Principle (‘‘Aṣl’’) that women cannot judge and he believes that Masculinity (‘‘Dhukūrah’’) is neither a certain nor a Principle (‘‘Aṣl’’). &lt;br /&gt;
[[fa:کاوشی نو در مسئله حضور اجتماعی زنان (کتاب)]]&lt;br /&gt;
[[category:Books by Astan Quds Razavi Publishing Foundation]]&lt;br /&gt;
[[category:Books by Seyyed Mahdi Narimani]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=A_New_Exploration_into_Women%27s_Social_Presence_(Book)&amp;diff=2729</id>
		<title>A New Exploration into Women&#039;s Social Presence (Book)</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=A_New_Exploration_into_Women%27s_Social_Presence_(Book)&amp;diff=2729"/>
		<updated>2026-05-11T12:10:25Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* Introduction */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;{{infobox book&lt;br /&gt;
| name = A New Inquiry into the Issue of Women&#039;s Social Participation&lt;br /&gt;
| image = A New Inquiry into the Issue of Women&#039;s Social Participation.jpg&lt;br /&gt;
| original_title = کاوشی نو در مسئله حضور اجتماعی زنان&lt;br /&gt;
| author = [[Seyyed Mahdi Narimani Zamani]]&lt;br /&gt;
| language = Persian&lt;br /&gt;
| topic = [[Women&#039;s rights in Islam]], [[Political jurisprudence]]&lt;br /&gt;
| publisher = [[Astan Quds Razavi Publishing Foundation]]&lt;br /&gt;
| publication_place = Mashhad&lt;br /&gt;
| publication_date = 1394 SH (2015 CE)&lt;br /&gt;
| pages = 292&lt;br /&gt;
}}&lt;br /&gt;
{{Author&lt;br /&gt;
|author = Reza Shams&lt;br /&gt;
|author2 = &lt;br /&gt;
|author3 = &lt;br /&gt;
|compiler = &lt;br /&gt;
|editor1 = &lt;br /&gt;
|editor2 = &lt;br /&gt;
|editor3 = &lt;br /&gt;
}}&lt;br /&gt;
*&#039;&#039;&#039;Abstract&#039;&#039;&#039;&lt;br /&gt;
&#039;&#039;&#039;A New Inquiry into the Issue of Women&#039;s Social Participation&#039;&#039;&#039; (Persian: [https://ency.feqhemoaser.com/fa/view/%DA%A9%D8%A7%D9%88%D8%B4%DB%8C_%D9%86%D9%88_%D8%AF%D8%B1_%D9%85%D8%B3%D8%A6%D9%84%D9%87_%D8%AD%D8%B6%D9%88%D8%B1_%D8%A7%D8%AC%D8%AA%D9%85%D8%A7%D8%B9%DB%8C_%D8%B2%D9%86%D8%A7%D9%86_(%DA%A9%D8%AA%D8%A7%D8%A8) &#039;&#039;کاوشی نو در مسئله حضور اجتماعی زنان&#039;&#039;]) is a Persian work by [[Seyyed Mahdi Narimani Zamani]] that challenges the Traditionalist Jurisprudential Paradigm on gender restrictions in holding [[political positions|Public Offices and Political Mandates]], such as Administrative and Judiciary, and leadership roles. The author argues against the Juridical Juridical Juridical Juridical Consensus that discourages women&#039;s social presence, positing instead that Islam not only permits but potentially endorses women&#039;s Active participation in society.&lt;br /&gt;
&lt;br /&gt;
Through a critical analysis of opposing arguments and by citing supportive Quranic verses, narrations, and historical precedents—such as the rule of the [[Queen of Sheba]]—Narimani asserts that General Evidences  (&#039;&#039;ʿumūmāt&#039;&#039;) on social obligations apply equally to men and women. The book is structured to first clarify key concepts and then systematically refute the arguments of opponents while bolstering the case for women&#039;s social and political engagement.&lt;br /&gt;
&lt;br /&gt;
== Introduction ==&lt;br /&gt;
Seyyed Mahdi Narimani Zamani&#039;s “A New Exploration into Women&#039;s Social Presence” is published by [[Astan Quds Razavi Publishing Foundation]]. The author believes that religion not only does not oppose women&#039;s presence in social and Public Offices and Political Mandates, but also agrees with and even endorses such women.&lt;br /&gt;
The book is written based on analytical reasoning. The author refutes the opponents’ arguments and employs rational proofs, narrations, and historical precedents to validate women’s assumption of social positions. The book also discusses on women’s involvement in social affairs by relying on numerous commonalities and/ or generalities available on rulings issued in this regard&lt;br /&gt;
&lt;br /&gt;
=== Structure of the Book ===&lt;br /&gt;
The book is divided into two chapters, each of which contains three sections. At the beginning of the first chapter, the author addresses the concepts needed for the course of the discussion. These include such concepts as Principle (‘‘Aṣl’’), rights, powers, Assuming responsibility for and holding administrative positions, Guardianship (‘‘Wilāyah’’), justice and Religious Obligation (‘‘Taklīf’’). (pp. 21-34) It asserts that holding Administrative and Judiciary, and governmental responsibilities is a Divine Stewardship—a heavy burden that reason dictates must be entrusted to the most competent individuals.(pp. 34-39). The chapter concludes by acknowledging physical differences between genders while affirming their equal capacity for Spiritual Transcendence. The author eventually discusses on four issues considering the Islamic view of gender: 1. Equality in gender identity which results in equality in perfection; 2. Differences between men and women may lead to a healthy family system; 3. There are provisions in Islam that are gender-based, such as holding the office of a judge by women which is controversial among Muslim jurists; 4. Women enjoy a special and high position in Islam (pp. 21-80).&lt;br /&gt;
&lt;br /&gt;
The second chapter of the book, called “examining the jurisprudential ruling”, deals with arguments provided by supporters and opponents and some points are made about women&#039;s presence in society. In the first part, the author provides and reviews the arguments of the opponents, and in the second part he approves the social presence of women by providing the arguments of its supporters. (pp. 81-252) In the third part, given that women may have social participation, the author reminds them of the following tips: 1. Women should avoid Gender Intermixing with men; 2. Women should seek contributions that are compatible with Inherent Dignity  and the spirit of femininity; 3. Women are the foundation for home and the family; 4. Men are primarily responsible to work and provide the Financial Maintenance. (pp. 252-261)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Arguments for Permissibility ==&lt;br /&gt;
The author provides several reasons to prove the permission for women&#039;s participation in social and political activities.&lt;br /&gt;
&lt;br /&gt;
==== Enjoining Good and Forbidding Evil ====&lt;br /&gt;
One of the Islamic obligations is Civic Oversight to improve society. According to the verse “المومنون و المومنات بعضهم اولیاء بعض یامرون بالمعروف و ینهون عن المنکر&amp;quot; , The term “‘‘Awliyā’’” (guardians/friends) implies authority and Guardianship (‘‘Wilāyah’’). Consequently, all Muslim men and women possess the authority to enjoin their religious brethren to perform political good and forbid political evil. Furthermore, the The Conduct of the Rational (‘‘Sīrat al-ʿUqalā’’) has always been to entrust affairs to the most competent individuals, regarding gender as irrelevant to professional competence.&lt;br /&gt;
&lt;br /&gt;
=== The application and generality of Narrational arguments related to the Guardianship of the Jurist (‘‘Wilāyat al-Faqīh’’) and the obligation to stand up for justice ===&lt;br /&gt;
&lt;br /&gt;
* The author cites six narrations establishing the necessity of a societal ruler; these texts are Absolute (‘‘muṭlaq’’), making no stipulation that the ruler must be male.He also notes that there are hadiths that refer to the obligation to stand up for justice and act in accordance with the Divine Revelations, without making any reference to the gender of those who speak the truth and approve the right behavior according to Divine Revelation. Citing the prophetic hadith, “Whoever wakes up without concern for the affairs of Muslims is not one of them,” he concludes that this general duty encompasses women’s holding of social and political offices. He continues to list several other reasons as evidence that women are allowed to participate in politics and hold social positions. It is explained that if women learn knowledge but do not act accordingly, then the need to learn knowledge will be meaningless.&lt;br /&gt;
&lt;br /&gt;
=== Historical quotes from Prophets (pbuh) and the Governance of Imam al-Mahdi (May God hasten his glad advent) ===&lt;br /&gt;
One of the reasons cited by the author is the The Rule of the Queen of Sheba (Bilqīs), a woman whose story is narrated in the Holy Quran, and Allah Almighty did not condemn her, but Tacit Approval and was pleased with her Guardianship (‘‘Wilāyah’’). He also reports twenty-seven narratives about women who were guardians, agents or advisors and Prophet Muhammad (s) consulted with them in matters of jihad, economics, knowledge and the fight against oppression, and these narratives show that the Prophet (PBUH) consented to the participation and presence of women. Some narratives on Mahadism also state that 50 of the main companions of  Mahdi (May God hasten his glad advent) will be women. Alternatively, during the presence of  Mahdi, wisdom will reach such a level that women will judge based on the Book and Sunnah of God.&lt;br /&gt;
&lt;br /&gt;
=== Rational Arguments for Participation ===&lt;br /&gt;
The author states two logical reasons why women are allowed to hold judicial and administrative positions: 1. Gender does not matter in rational proofs for Wilayat; what matters is only the need to implement the divine decrees and observe the limits set by God in the period of The Major Occultation (‘‘Ghaybah’’). This would require an expert Faqih and it can be fulfilled by both men and women. 2. The Principle (‘‘Aṣl’’) of participation in administrative and social affairs is one of the fundamental principles to establish a state. There must be clear reasons for excluding people from such participation. No such justification exists.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Critique of Opposing Arguments ==&lt;br /&gt;
The author reviews the fatwas of contemporary jurists regarding gender requirements for high offices. While some, like [[Sayyid Muhammad Sadiq Rohani]], restrict all such positions to men, others, such as [[Seyyed Musa Shubeyri Zanjani|Sayyid Musa Shubayri Zanjani]], limit the restriction primarily to judgeship (&#039;&#039;qaḍāwat&#039;&#039;) and religious authority (&#039;&#039;marjaʿiyyah&#039;&#039;).&lt;br /&gt;
&lt;br /&gt;
=== The Verse of Qiwāmah (Guardianship) ===&lt;br /&gt;
The author identifies &#039;&#039;&#039;Qur’an 4:34&#039;&#039;&#039; (The Verse of Qiwāmah) as the primary scriptural basis for opposition. Opponents argue this verse establishes men’s authority and superiority over women due to their financial support. This verse can be relied on only if it refers to the dominance of men over women in the home and society, not to the obligations of men towards their wives. Using the opinions of the commentators, the author explains that this verse was revealed in relation to marital discord and the payment of maintenance money and considers that the verse expresses the dominance of men over their wives. He believes that even by analogy of priority, it cannot be inferred that men have Guardianship (‘‘Wilāyah’’) over women in society. Even if the verse were generalized to imply male Guardianship (‘‘Wilāyah’’) in society, it would not necessitate prohibition, as ‘‘Qiwāmah’’ implies caretaking rather than Absolute domination, and even if it did, it would not prevent women from participating in such matters.&lt;br /&gt;
&lt;br /&gt;
=== The Verse of Rank (‘‘Darajah’’) ===&lt;br /&gt;
Another verse mentioned in the book is the [[Verse 228 of Surah al-Baqarah|Qurʾan 2:228]], which points to the mutual rights of spouses over each other and the superior degree of the rights of men over their wives. If this verse refers to the Guardianship (‘‘Wilāyah’’) of men over women within the family or outside, there may be a reason to oppose women&#039;s participation; However, the author argues that even under this assumption, the word “degree” (‘‘darajah’’) is an indefinite noun in an affirmative context, which does not imply Absolute superiority in all aspects. In addition, since the verse is about divorce, possible superiority of men in relation to the right to divorce is reinforced.&lt;br /&gt;
&lt;br /&gt;
=== The Verse of Ornament (‘‘Ḥilyah’’) and Tabarruj ===&lt;br /&gt;
Another verse that, in the author&#039;s opinion, attracted the attention of the opponents is The Verse of Ornament (‘‘Ḥilyah’’) (Qurʾan 43:18) &amp;quot;What! One who is brought up amid ornaments and is inconspicuous in contests (do you take her as the daughter of God)?&amp;quot; Opponents interpret this verse to mean that women are naturally inclined towards adornment and lack the capacity for strong argumentation and reasoning. In The Verse of Display (‘‘Tabarruj’’) (Qurʾan 33:33), women are commanded to stay at home and not to go out in public as they did at the age of ignorance. The social presence of women is contrary to the clear prohibition in the verse and Gender Intermixing with Non-Maḥrams. He believes that The Verse of Display (‘‘Tabarruj’’) cannot be relied on because of its brevity in identifying the pronouns and the relevant conjunctive nouns used in the verse. Furthermore, in his criticism of The Verse of Display (‘‘Tabarruj’’), he thinks that the verdict is particularly confined to the wives of Prophet Muhammad (s), and because of different readings, it could mean that they should observe dignity and solemnity instead of staying at home. Finally, none of the above verses proves that women should not participate in administrative and Guardianship (‘‘Wilāyah’’) affairs. &lt;br /&gt;
&lt;br /&gt;
=== Opponents’ Narrational Arguments ===&lt;br /&gt;
Proponents’ arguments in this regard can be found in narratives reported by Shiites and narratives reported by Sunnis. These include opposition to women&#039;s participation in good deeds, no permission to judge, prohibition of women going out, prohibition to consult with them, less enjoyment of the blessing of reason, Prophet Muhammad’s hatred of entrusting women with Assuming responsibility for affairs, and that a state ruled by women cannot achieve prosperity. The author dismisses these narrations, noting that some contradict explicit Qur’anic texts, while others are weak in their chain of transmission (‘‘sanad’’), some are confined to the time when they were issued, some are objected by the Companions, and some that provide guidance. Among other reasons is that none of the above verses clearly forbids holding administrative positions by women.&lt;br /&gt;
&lt;br /&gt;
=== Important Non-textual arguments (‘‘Adillah Lubbiyyah’’) of the opponents of women’s participation, such as The The Normative Consciousness of the Devout (‘‘Irtikāz al-Mutasharriʿah’’), Juridical Consensus  and The Conduct of the Rational ===&lt;br /&gt;
Opponents of women’s participation in society have relied on Non-textual arguments (‘‘Adillah Lubbiyyah’’) such as The The Normative Consciousness of the Devout (‘‘Irtikāz al-Mutasharriʿah’’), Juridical Consensus, The Conduct of the Rational and Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’). “Understanding” (‘‘Irtikāz’’) here refers to the mindset ingrained in devout Muslims, assuming that the Lawgiver prefers women to remain at home and focus on domestic duties. Of course, this the understanding is mentioned in narratives, but The author refutes this by citing historical examples that contradict such an understanding (‘‘Irtikāz’’), most notably the commercial activities of [[Khadija bint Khuwaylid|Hazrat Khadijah]]. Regarding consensus (‘‘ijmāʿ’’), he argues there is no definitive Juridical Consensus on the condition of Masculinity (‘‘Dhukūrah’’); any existing consensus is likely “Evidence-Based Consensus” (‘‘madrakī’’) rather than independent proof. Still, Reputation in Narration (‘‘Shuhrah Riwāʾiyyah’’) and Practice (‘‘Shuhrah ʿAmaliyyah’’) are not achieved based on a few weak hadiths. Nor can Reputation in Fatwa (‘‘Shuhrah Fatwāʾiyyah’’) be found because it has not been disputed in the past.&lt;br /&gt;
&lt;br /&gt;
==== Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’) and other reasons ====&lt;br /&gt;
The increasing presence of women, their Gender Intermixing with Non-Maḥrams and some other moral deviations are also the reasons that the author cites as the beginning of the presence of women in positions of power. Opponents argue that since women’s social presence is a preliminary to prohibited acts, it is also prohibited (based on the rule that “the The Preliminary to a Prohibited Act act is haram”). The author rejects this, noting firstly the jurisprudential dispute over whether a preliminary act is inherently forbidden. But he rejects this reasoning and says: First, there is controversy over the view that Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’) is haram itself. Second, evil consequences enumerated by opponents are only because of increasing presence of women, even as clients; while no wise man would forbid it. Other arguments provided by the author are based on Reliance on the Certainty (‘‘Qadr al-Mutayaqqan’’) and his reliance on the Principle (‘‘Aṣl’’) that women cannot judge and he believes that Masculinity (‘‘Dhukūrah’’) is neither a certain nor a Principle (‘‘Aṣl’’). &lt;br /&gt;
[[fa:کاوشی نو در مسئله حضور اجتماعی زنان (کتاب)]]&lt;br /&gt;
[[category:Books by Astan Quds Razavi Publishing Foundation]]&lt;br /&gt;
[[category:Books by Seyyed Mahdi Narimani]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=A_New_Exploration_into_Women%27s_Social_Presence_(Book)&amp;diff=2728</id>
		<title>A New Exploration into Women&#039;s Social Presence (Book)</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=A_New_Exploration_into_Women%27s_Social_Presence_(Book)&amp;diff=2728"/>
		<updated>2026-05-11T12:03:46Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;{{infobox book&lt;br /&gt;
| name = A New Inquiry into the Issue of Women&#039;s Social Participation&lt;br /&gt;
| image = A New Inquiry into the Issue of Women&#039;s Social Participation.jpg&lt;br /&gt;
| original_title = کاوشی نو در مسئله حضور اجتماعی زنان&lt;br /&gt;
| author = [[Seyyed Mahdi Narimani Zamani]]&lt;br /&gt;
| language = Persian&lt;br /&gt;
| topic = [[Women&#039;s rights in Islam]], [[Political jurisprudence]]&lt;br /&gt;
| publisher = [[Astan Quds Razavi Publishing Foundation]]&lt;br /&gt;
| publication_place = Mashhad&lt;br /&gt;
| publication_date = 1394 SH (2015 CE)&lt;br /&gt;
| pages = 292&lt;br /&gt;
}}&lt;br /&gt;
{{Author&lt;br /&gt;
|author = Reza Shams&lt;br /&gt;
|author2 = &lt;br /&gt;
|author3 = &lt;br /&gt;
|compiler = &lt;br /&gt;
|editor1 = &lt;br /&gt;
|editor2 = &lt;br /&gt;
|editor3 = &lt;br /&gt;
}}&lt;br /&gt;
*&#039;&#039;&#039;Abstract&#039;&#039;&#039;&lt;br /&gt;
&#039;&#039;&#039;A New Inquiry into the Issue of Women&#039;s Social Participation&#039;&#039;&#039; (Persian: [https://ency.feqhemoaser.com/fa/view/%DA%A9%D8%A7%D9%88%D8%B4%DB%8C_%D9%86%D9%88_%D8%AF%D8%B1_%D9%85%D8%B3%D8%A6%D9%84%D9%87_%D8%AD%D8%B6%D9%88%D8%B1_%D8%A7%D8%AC%D8%AA%D9%85%D8%A7%D8%B9%DB%8C_%D8%B2%D9%86%D8%A7%D9%86_(%DA%A9%D8%AA%D8%A7%D8%A8) &#039;&#039;کاوشی نو در مسئله حضور اجتماعی زنان&#039;&#039;]) is a Persian work by [[Seyyed Mahdi Narimani Zamani]] that challenges the Traditionalist Jurisprudential Paradigm on gender restrictions in holding [[political positions|Public Offices and Political Mandates]], such as Administrative and Judiciary, and leadership roles. The author argues against the Juridical Juridical Juridical Juridical Consensus that discourages women&#039;s social presence, positing instead that Islam not only permits but potentially endorses women&#039;s Active participation in society.&lt;br /&gt;
&lt;br /&gt;
Through a critical analysis of opposing arguments and by citing supportive Quranic verses, narrations, and historical precedents—such as the rule of the [[Queen of Sheba]]—Narimani asserts that General Evidences  (&#039;&#039;ʿumūmāt&#039;&#039;) on social obligations apply equally to men and women. The book is structured to first clarify key concepts and then systematically refute the arguments of opponents while bolstering the case for women&#039;s social and political engagement.&lt;br /&gt;
&lt;br /&gt;
== Introduction ==&lt;br /&gt;
Seyyed Mahdi Narimani Zamani&#039;s “A New Exploration into Women&#039;s Social Presence” is published by [[Astan Quds Razavi Publishing Foundation]]. The author believes that religion not only does not oppose women&#039;s presence in social and Public Offices and Political Mandates, but also agrees with and even endorses such women.&lt;br /&gt;
The book is written based on analytical reasoning. The author refutes the opponents’ arguments and employs rational proofs, narrations, and historical precedents to validate women’s assumption of social positions. The book also discusses on women’s involvement in social affairs by relying on numerous commonalities and/ or generalities available on rulings issued in this regard&lt;br /&gt;
&lt;br /&gt;
=== Structure of the Book ===&lt;br /&gt;
The book is divided into two chapters, each of which contains three sections. At the beginning of the first chapter, the author addresses the concepts needed for the course of the discussion. These include such concepts as Principle (‘‘Aṣl’’), rights, powers, Assuming responsibility for and holding administrative positions, Guardianship (‘‘Wilāyah’’), justice and Religious Obligation (‘‘Taklīf’’). (pp. 21-34) It asserts that holding Administrative and Judiciary, and governmental responsibilities is a Divine Stewardship—a heavy burden that reason dictates must be entrusted to the most competent individuals.(pp. 34-39). The chapter concludes by acknowledging physical differences between genders while affirming their equal capacity for Spiritual Transcendence. The author eventually discusses on four issues considering the Islamic view of gender: 1. Equality in gender identity which results in equality in perfection; 2. Differences between men and women may lead to a healthy family system; 3. There are provisions in Islam that are gender-based, such as holding the office of a judge by women which is controversial among Muslim jurists; 4. Women enjoy a special and high position in Islam (pp. 21-80).&lt;br /&gt;
&lt;br /&gt;
The second chapter of the book, called “examining the jurisprudential ruling”, deals with arguments provided by supporters and opponents and some points are made about women&#039;s presence in society. In the first part, the author provides and reviews the arguments of the opponents, and in the second part he approves the social presence of women by providing the arguments of its supporters. (pp. 81-252) In the third part, given that women may have social participation, the author reminds them of the following tips: 1. Women should avoid Gender Intermixing with men; 2. Women should seek contributions that are compatible with Inherent Dignity  and the spirit of femininity; 3. Women are the foundation for home and the family; 4. Men are primarily responsible to work and provide the Financial Maintenance. (pp. 252-261)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Arguments for Permissibility ==&lt;br /&gt;
The author provides several reasons to prove the permission for women&#039;s participation in social and political activities.&lt;br /&gt;
&lt;br /&gt;
==== Enjoining Good and Forbidding Evil ====&lt;br /&gt;
One of the Islamic obligations is Civic Oversight to improve society. According to the verse “المومنون و المومنات بعضهم اولیاء بعض یامرون بالمعروف و ینهون عن المنکر&amp;quot; , The term “‘‘Awliyā’’” (guardians/friends) implies authority and Guardianship (‘‘Wilāyah’’). Consequently, all Muslim men and women possess the authority to enjoin their religious brethren to perform political good and forbid political evil. Furthermore, the The Conduct of the Rational (‘‘Sīrat al-ʿUqalā’’) has always been to entrust affairs to the most competent individuals, regarding gender as irrelevant to professional competence.&lt;br /&gt;
&lt;br /&gt;
=== The application and generality of Narrational arguments related to the Guardianship of the Jurist (‘‘Wilāyat al-Faqīh’’) and the obligation to stand up for justice ===&lt;br /&gt;
&lt;br /&gt;
* The author cites six narrations establishing the necessity of a societal ruler; these texts are Absolute (‘‘muṭlaq’’), making no stipulation that the ruler must be male.He also notes that there are hadiths that refer to the obligation to stand up for justice and act in accordance with the Divine Revelations, without making any reference to the gender of those who speak the truth and approve the right behavior according to Divine Revelation. Citing the prophetic hadith, “Whoever wakes up without concern for the affairs of Muslims is not one of them,” he concludes that this general duty encompasses women’s holding of social and political offices. He continues to list several other reasons as evidence that women are allowed to participate in politics and hold social positions. It is explained that if women learn knowledge but do not act accordingly, then the need to learn knowledge will be meaningless.&lt;br /&gt;
&lt;br /&gt;
=== Historical quotes from Prophets (pbuh) and the Governance of Imam al-Mahdi (May God hasten his glad advent) ===&lt;br /&gt;
One of the reasons cited by the author is the The Rule of the Queen of Sheba (Bilqīs), a woman whose story is narrated in the Holy Quran, and Allah Almighty did not condemn her, but Tacit Approval and was pleased with her Guardianship (‘‘Wilāyah’’). He also reports twenty-seven narratives about women who were guardians, agents or advisors and Prophet Muhammad (s) consulted with them in matters of jihad, economics, knowledge and the fight against oppression, and these narratives show that the Prophet (PBUH) consented to the participation and presence of women. Some narratives on Mahadism also state that 50 of the main companions of  Mahdi (May God hasten his glad advent) will be women. Alternatively, during the presence of  Mahdi, wisdom will reach such a level that women will judge based on the Book and Sunnah of God.&lt;br /&gt;
&lt;br /&gt;
=== Rational Arguments for Participation ===&lt;br /&gt;
The author states two logical reasons why women are allowed to hold judicial and administrative positions: 1. Gender does not matter in rational proofs for Wilayat; what matters is only the need to implement the divine decrees and observe the limits set by God in the period of The Major Occultation (‘‘Ghaybah’’). This would require an expert Faqih and it can be fulfilled by both men and women. 2. The Principle (‘‘Aṣl’’) of participation in administrative and social affairs is one of the fundamental principles to establish a state. There must be clear reasons for excluding people from such participation. No such justification exists.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Critique of Opposing Arguments ==&lt;br /&gt;
The author reviews the fatwas of contemporary jurists regarding gender requirements for high offices. While some, like [[Sayyid Muhammad Sadiq Rohani]], restrict all such positions to men, others, such as [[Seyyed Musa Shubeyri Zanjani|Sayyid Musa Shubayri Zanjani]], limit the restriction primarily to judgeship (&#039;&#039;qaḍāwat&#039;&#039;) and religious authority (&#039;&#039;marjaʿiyyah&#039;&#039;).&lt;br /&gt;
&lt;br /&gt;
=== The Verse of Qiwāmah (Guardianship) ===&lt;br /&gt;
The author identifies &#039;&#039;&#039;Qur’an 4:34&#039;&#039;&#039; (The Verse of Qiwāmah) as the primary scriptural basis for opposition. Opponents argue this verse establishes men’s authority and superiority over women due to their financial support. This verse can be relied on only if it refers to the dominance of men over women in the home and society, not to the obligations of men towards their wives. Using the opinions of the commentators, the author explains that this verse was revealed in relation to marital discord and the payment of maintenance money and considers that the verse expresses the dominance of men over their wives. He believes that even by analogy of priority, it cannot be inferred that men have Guardianship (‘‘Wilāyah’’) over women in society. Even if the verse were generalized to imply male Guardianship (‘‘Wilāyah’’) in society, it would not necessitate prohibition, as ‘‘Qiwāmah’’ implies caretaking rather than Absolute domination, and even if it did, it would not prevent women from participating in such matters.&lt;br /&gt;
&lt;br /&gt;
=== The Verse of Rank (‘‘Darajah’’) ===&lt;br /&gt;
Another verse mentioned in the book is the [[Verse 228 of Surah al-Baqarah|Qurʾan 2:228]], which points to the mutual rights of spouses over each other and the superior degree of the rights of men over their wives. If this verse refers to the Guardianship (‘‘Wilāyah’’) of men over women within the family or outside, there may be a reason to oppose women&#039;s participation; However, the author argues that even under this assumption, the word “degree” (‘‘darajah’’) is an indefinite noun in an affirmative context, which does not imply Absolute superiority in all aspects. In addition, since the verse is about divorce, possible superiority of men in relation to the right to divorce is reinforced.&lt;br /&gt;
&lt;br /&gt;
=== The Verse of Ornament (‘‘Ḥilyah’’) and Tabarruj ===&lt;br /&gt;
Another verse that, in the author&#039;s opinion, attracted the attention of the opponents is The Verse of Ornament (‘‘Ḥilyah’’) (Qurʾan 43:18) &amp;quot;What! One who is brought up amid ornaments and is inconspicuous in contests (do you take her as the daughter of God)?&amp;quot; Opponents interpret this verse to mean that women are naturally inclined towards adornment and lack the capacity for strong argumentation and reasoning. In The Verse of Display (‘‘Tabarruj’’) (Qurʾan 33:33), women are commanded to stay at home and not to go out in public as they did at the age of ignorance. The social presence of women is contrary to the clear prohibition in the verse and Gender Intermixing with Non-Maḥrams. He believes that The Verse of Display (‘‘Tabarruj’’) cannot be relied on because of its brevity in identifying the pronouns and the relevant conjunctive nouns used in the verse. Furthermore, in his criticism of The Verse of Display (‘‘Tabarruj’’), he thinks that the verdict is particularly confined to the wives of Prophet Muhammad (s), and because of different readings, it could mean that they should observe dignity and solemnity instead of staying at home. Finally, none of the above verses proves that women should not participate in administrative and Guardianship (‘‘Wilāyah’’) affairs. &lt;br /&gt;
&lt;br /&gt;
=== Opponents’ Narrational Arguments ===&lt;br /&gt;
Proponents’ arguments in this regard can be found in narratives reported by Shiites and narratives reported by Sunnis. These include opposition to women&#039;s participation in good deeds, no permission to judge, prohibition of women going out, prohibition to consult with them, less enjoyment of the blessing of reason, Prophet Muhammad’s hatred of entrusting women with Assuming responsibility for affairs, and that a state ruled by women cannot achieve prosperity. The author dismisses these narrations, noting that some contradict explicit Qur’anic texts, while others are weak in their chain of transmission (‘‘sanad’’), some are confined to the time when they were issued, some are objected by the Companions, and some that provide guidance. Among other reasons is that none of the above verses clearly forbids holding administrative positions by women.&lt;br /&gt;
&lt;br /&gt;
=== Important Non-textual arguments (‘‘Adillah Lubbiyyah’’) of the opponents of women’s participation, such as The The Normative Consciousness of the Devout (‘‘Irtikāz al-Mutasharriʿah’’), Juridical Consensus  and The Conduct of the Rational ===&lt;br /&gt;
Opponents of women’s participation in society have relied on Non-textual arguments (‘‘Adillah Lubbiyyah’’) such as The The Normative Consciousness of the Devout (‘‘Irtikāz al-Mutasharriʿah’’), Juridical Consensus, The Conduct of the Rational and Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’). “Understanding” (‘‘Irtikāz’’) here refers to the mindset ingrained in devout Muslims, assuming that the Lawgiver prefers women to remain at home and focus on domestic duties. Of course, this the understanding is mentioned in narratives, but The author refutes this by citing historical examples that contradict such an understanding (‘‘Irtikāz’’), most notably the commercial activities of [[Khadija bint Khuwaylid|Hazrat Khadijah]]. Regarding consensus (‘‘ijmāʿ’’), he argues there is no definitive Juridical Consensus on the condition of Masculinity (‘‘Dhukūrah’’); any existing consensus is likely “Evidence-Based Consensus” (‘‘madrakī’’) rather than independent proof. Still, Reputation in Narration (‘‘Shuhrah Riwāʾiyyah’’) and Practice (‘‘Shuhrah ʿAmaliyyah’’) are not achieved based on a few weak hadiths. Nor can Reputation in Fatwa (‘‘Shuhrah Fatwāʾiyyah’’) be found because it has not been disputed in the past.&lt;br /&gt;
&lt;br /&gt;
==== Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’) and other reasons ====&lt;br /&gt;
The increasing presence of women, their Gender Intermixing with Non-Maḥrams and some other moral deviations are also the reasons that the author cites as the beginning of the presence of women in positions of power. Opponents argue that since women’s social presence is a preliminary to prohibited acts, it is also prohibited (based on the rule that “the preliminary of a haram act is haram”). The author rejects this, noting firstly the jurisprudential dispute over whether a preliminary act is inherently forbidden. But he rejects this reasoning and says: First, there is controversy over the view that Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’) is haram itself. Second, evil consequences enumerated by opponents are only because of increasing presence of women, even as clients; while no wise man would forbid it. Other arguments provided by the author are based on Reliance on the Certainty (‘‘Qadr al-Mutayaqqan’’) and his reliance on the Principle (‘‘Aṣl’’) that women cannot judge and he believes that Masculinity (‘‘Dhukūrah’’) is neither a certain nor a Principle (‘‘Aṣl’’). &lt;br /&gt;
[[fa:کاوشی نو در مسئله حضور اجتماعی زنان (کتاب)]]&lt;br /&gt;
[[category:Books by Astan Quds Razavi Publishing Foundation]]&lt;br /&gt;
[[category:Books by Seyyed Mahdi Narimani]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=A_New_Exploration_into_Women%27s_Social_Presence_(Book)&amp;diff=2727</id>
		<title>A New Exploration into Women&#039;s Social Presence (Book)</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=A_New_Exploration_into_Women%27s_Social_Presence_(Book)&amp;diff=2727"/>
		<updated>2026-05-11T10:38:33Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* Critique of Opposing Arguments */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;{{infobox book&lt;br /&gt;
| name = A New Inquiry into the Issue of Women&#039;s Social Participation&lt;br /&gt;
| image = A New Inquiry into the Issue of Women&#039;s Social Participation.jpg&lt;br /&gt;
| original_title = کاوشی نو در مسئله حضور اجتماعی زنان&lt;br /&gt;
| author = [[Seyyed Mahdi Narimani Zamani]]&lt;br /&gt;
| language = Persian&lt;br /&gt;
| topic = [[Women&#039;s rights in Islam]], [[Political jurisprudence]]&lt;br /&gt;
| publisher = [[Astan Quds Razavi Publishing Foundation]]&lt;br /&gt;
| publication_place = Mashhad&lt;br /&gt;
| publication_date = 1394 SH (2015 CE)&lt;br /&gt;
| pages = 292&lt;br /&gt;
}}&lt;br /&gt;
{{Author&lt;br /&gt;
|author = Reza Shams&lt;br /&gt;
|author2 = &lt;br /&gt;
|author3 = &lt;br /&gt;
|compiler = &lt;br /&gt;
|editor1 = &lt;br /&gt;
|editor2 = &lt;br /&gt;
|editor3 = &lt;br /&gt;
}}&lt;br /&gt;
*&#039;&#039;&#039;Abstract&#039;&#039;&#039;&lt;br /&gt;
&#039;&#039;&#039;A New Inquiry into the Issue of Women&#039;s Social Participation&#039;&#039;&#039; (Persian: [https://ency.feqhemoaser.com/fa/view/%DA%A9%D8%A7%D9%88%D8%B4%DB%8C_%D9%86%D9%88_%D8%AF%D8%B1_%D9%85%D8%B3%D8%A6%D9%84%D9%87_%D8%AD%D8%B6%D9%88%D8%B1_%D8%A7%D8%AC%D8%AA%D9%85%D8%A7%D8%B9%DB%8C_%D8%B2%D9%86%D8%A7%D9%86_(%DA%A9%D8%AA%D8%A7%D8%A8) &#039;&#039;کاوشی نو در مسئله حضور اجتماعی زنان&#039;&#039;]) is a Persian work by [[Seyyed Mahdi Narimani Zamani]] that challenges the Traditionalist Jurisprudential Paradigm on gender restrictions in holding [[political positions|Public Offices and Political Mandates]], such as Administrative and Judiciary, and leadership roles. The author argues against the Juridical Juridical Juridical Juridical Consensus that discourages women&#039;s social presence, positing instead that Islam not only permits but potentially endorses women&#039;s Active participation in society.&lt;br /&gt;
&lt;br /&gt;
Through a critical analysis of opposing arguments and by citing supportive Quranic verses, narrations, and historical precedents—such as the rule of the [[Queen of Sheba]]—Narimani asserts that General Evidences  (&#039;&#039;ʿumūmāt&#039;&#039;) on social obligations apply equally to men and women. The book is structured to first clarify key concepts and then systematically refute the arguments of opponents while bolstering the case for women&#039;s social and political engagement.&lt;br /&gt;
&lt;br /&gt;
== Introduction ==&lt;br /&gt;
Seyyed Mahdi Narimani Zamani&#039;s “A New Exploration into Women&#039;s Social Presence” is published by [[Astan Quds Razavi Publishing Foundation]]. The author believes that religion not only does not oppose women&#039;s presence in social and Public Offices and Political Mandates, but also agrees with and even endorses such women.&lt;br /&gt;
The book is written based on analytical reasoning. The author refutes the opponents’ arguments and employs rational proofs, narrations, and historical precedents to validate women’s assumption of social positions. The book also discusses on women’s involvement in social affairs by relying on numerous commonalities and/ or generalities available on rulings issued in this regard&lt;br /&gt;
&lt;br /&gt;
=== Structure of the Book ===&lt;br /&gt;
The book is divided into two chapters, each of which contains three sections. At the beginning of the first chapter, the author addresses the concepts needed for the course of the discussion. These include such concepts as Principle (‘‘Aṣl’’), rights, powers, Assuming responsibility for and holding administrative positions, Guardianship (‘‘Wilāyah’’), justice and Religious Obligation (‘‘Taklīf’’). (pp. 21-34) It asserts that holding Administrative and Judiciary, and governmental responsibilities is a Divine Stewardship—a heavy burden that reason dictates must be entrusted to the most competent individuals.(pp. 34-39). The chapter concludes by acknowledging physical differences between genders while affirming their equal capacity for Spiritual Transcendence. The author eventually discusses on four issues considering the Islamic view of gender: 1. Equality in gender identity which results in equality in perfection; 2. Differences between men and women may lead to a healthy family system; 3. There are provisions in Islam that are gender-based, such as holding the office of a judge by women which is controversial among Muslim jurists; 4. Women enjoy a special and high position in Islam (pp. 21-80).&lt;br /&gt;
&lt;br /&gt;
The second chapter of the book, called “examining the jurisprudential ruling”, deals with arguments provided by supporters and opponents and some points are made about women&#039;s presence in society. In the first part, the author provides and reviews the arguments of the opponents, and in the second part he approves the social presence of women by providing the arguments of its supporters. (pp. 81-252) In the third part, given that women may have social participation, the author reminds them of the following tips: 1. Women should avoid Gender Intermixing with men; 2. Women should seek contributions that are compatible with Inherent Dignity  and the spirit of femininity; 3. Women are the foundation for home and the family; 4. Men are primarily responsible to work and provide the Financial Maintenance. (pp. 252-261)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Arguments for Permissibility ==&lt;br /&gt;
The author provides several reasons to prove the permission for women&#039;s participation in social and political activities.&lt;br /&gt;
&lt;br /&gt;
==== Enjoining Good and Forbidding Evil ====&lt;br /&gt;
One of the Islamic obligations is Civic Oversight to improve society. According to the verse “المومنون و المومنات بعضهم اولیاء بعض یامرون بالمعروف و ینهون عن المنکر&amp;quot; , The term “‘‘Awliyā’’” (guardians/friends) implies authority and Guardianship (‘‘Wilāyah’’). Consequently, all Muslim men and women possess the authority to enjoin their religious brethren to perform political good and forbid political evil. Furthermore, the The Conduct of the Rational (‘‘Sīrat al-ʿUqalā’’) has always been to entrust affairs to the most competent individuals, regarding gender as irrelevant to professional competence.&lt;br /&gt;
&lt;br /&gt;
=== The application and generality of Narrational arguments related to the Guardianship of the Jurist (‘‘Wilāyat al-Faqīh’’) and the obligation to stand up for justice ===&lt;br /&gt;
&lt;br /&gt;
* The author cites six narrations establishing the necessity of a societal ruler; these texts are Absolute (‘‘muṭlaq’’), making no stipulation that the ruler must be male.He also notes that there are hadiths that refer to the obligation to stand up for justice and act in accordance with the Divine Revelations, without making any reference to the gender of those who speak the truth and approve the right behavior according to Divine Revelation. Citing the prophetic hadith, “Whoever wakes up without concern for the affairs of Muslims is not one of them,” he concludes that this general duty encompasses women’s holding of social and political offices. He continues to list several other reasons as evidence that women are allowed to participate in politics and hold social positions. It is explained that if women learn knowledge but do not act accordingly, then the need to learn knowledge will be meaningless.&lt;br /&gt;
&lt;br /&gt;
=== Historical quotes from Prophets (pbuh) and the Governance of Imam al-Mahdi (May God hasten his glad advent) ===&lt;br /&gt;
One of the reasons cited by the author is the The Rule of the Queen of Sheba (Bilqīs), a woman whose story is narrated in the Holy Quran, and Allah Almighty did not condemn her, but Tacit Approval and was pleased with her Guardianship (‘‘Wilāyah’’). He also reports twenty-seven narratives about women who were guardians, agents or advisors and Prophet Muhammad (s) consulted with them in matters of jihad, economics, knowledge and the fight against oppression, and these narratives show that the Prophet (PBUH) consented to the participation and presence of women. Some narratives on Mahadism also state that 50 of the main companions of  Mahdi (May God hasten his glad advent) will be women. Alternatively, during the presence of  Mahdi, wisdom will reach such a level that women will judge based on the Book and Sunnah of God.&lt;br /&gt;
&lt;br /&gt;
=== Rational Arguments for Participation ===&lt;br /&gt;
The author states two logical reasons why women are allowed to hold judicial and administrative positions: 1. Gender does not matter in rational proofs for Wilayat; what matters is only the need to implement the divine decrees and observe the limits set by God in the period of The Major Occultation (‘‘Ghaybah’’). This would require an expert Faqih and it can be fulfilled by both men and women. 2. The Principle (‘‘Aṣl’’) of participation in administrative and social affairs is one of the fundamental principles to establish a state. There must be clear reasons for excluding people from such participation. No such justification exists.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Critique of Opposing Arguments ==&lt;br /&gt;
The author reviews the fatwas of contemporary jurists regarding gender requirements for high offices. While some, like [[Sayyid Muhammad Sadiq Rohani]], restrict all such positions to men, others, such as [[Seyyed Musa Shubeyri Zanjani|Sayyid Musa Shubayri Zanjani]], limit the restriction primarily to judgeship (&#039;&#039;qaḍāwat&#039;&#039;) and religious authority (&#039;&#039;marjaʿiyyah&#039;&#039;).&lt;br /&gt;
&lt;br /&gt;
=== The Verse of Qiwāmah (Guardianship) ===&lt;br /&gt;
The author identifies &#039;&#039;&#039;Qur’an 4:34&#039;&#039;&#039; (The Verse of Qiwāmah) as the primary scriptural basis for opposition. Opponents argue this verse establishes men’s authority and superiority over women due to their financial support. This verse can be relied on only if it refers to the dominance of men over women in the home and society, not to the obligations of men towards their wives. Using the opinions of the commentators, the author explains that this verse was revealed in relation to marital discord and the payment of maintenance money and considers that the verse expresses the dominance of men over their wives. He believes that even by analogy of priority, it cannot be inferred that men have Guardianship (‘‘Wilāyah’’) over women in society. Even if the verse were generalized to imply male Guardianship (‘‘Wilāyah’’) in society, it would not necessitate prohibition, as ‘‘Qiwāmah’’ implies caretaking rather than Absolute domination, and even if it did, it would not prevent women from participating in such matters.&lt;br /&gt;
&lt;br /&gt;
=== The Verse of Rank (‘‘Darajah’’) ===&lt;br /&gt;
Another verse mentioned in the book is the [[Verse 228 of Surah al-Baqarah|Qurʾan 2:228]], which points to the mutual rights of spouses over each other and the superior degree of the rights of men over their wives. If this verse refers to the Guardianship (‘‘Wilāyah’’) of men over women within the family or outside, there may be a reason to oppose women&#039;s participation; However, the author argues that even under this assumption, the word “degree” (‘‘darajah’’) is an indefinite noun in an affirmative context, which does not imply Absolute superiority in all aspects. In addition, since the verse is about divorce, possible superiority of men in relation to the right to divorce is reinforced.&lt;br /&gt;
&lt;br /&gt;
=== The Verse of Ornament (‘‘Ḥilyah’’) and Tabarruj ===&lt;br /&gt;
Another verse that, in the author&#039;s opinion, attracted the attention of the opponents is The Verse of Ornament (‘‘Ḥilyah’’) (Qurʾan 43:18) &amp;quot;What! One who is brought up amid ornaments and is inconspicuous in contests (do you take her as the daughter of God)?&amp;quot; Opponents interpret this verse to mean that women are naturally inclined towards adornment and lack the capacity for strong argumentation and reasoning. In The Verse of Display (‘‘Tabarruj’’) (Qurʾan 33:33), women are commanded to stay at home and not to go out in public as they did at the age of ignorance. The social presence of women is contrary to the clear prohibition in the verse and Gender Intermixing with Non-Maḥrams. He believes that The Verse of Display (‘‘Tabarruj’’) cannot be relied on because of its brevity in identifying the pronouns and the relevant conjunctive nouns used in the verse. Furthermore, in his criticism of The Verse of Display (‘‘Tabarruj’’), he thinks that the verdict is particularly confined to the wives of Prophet Muhammad (s), and because of different readings, it could mean that they should observe dignity and solemnity instead of staying at home. Finally, none of the above verses proves that women should not participate in administrative and Guardianship (‘‘Wilāyah’’) affairs. &lt;br /&gt;
&lt;br /&gt;
=== Opponents’ Narrational Arguments ===&lt;br /&gt;
Proponents’ arguments in this regard can be found in narratives reported by Shiites and narratives reported by Sunnis. These include opposition to women&#039;s participation in good deeds, no permission to judge, prohibition of women going out, prohibition to consult with them, less enjoyment of the blessing of reason, Prophet Muhammad’s hatred of entrusting women with Assuming responsibility for affairs, and that a state ruled by women cannot achieve prosperity. The author dismisses these narrations, noting that some contradict explicit Qur’anic texts, while others are weak in their chain of transmission (‘‘sanad’’), some are confined to the time when they were issued, some are objected by the Companions, and some that provide guidance. Among other reasons is that none of the above verses clearly forbids holding administrative positions by women.&lt;br /&gt;
&lt;br /&gt;
=== Important Non-textual arguments (‘‘Adillah Lubbiyyah’’) of the opponents of women’s participation, such as The The Normative Consciousness of the Devout (‘‘Irtikāz al-Mutasharriʿah’’), Juridical Consensus  and The Conduct of the Rational ===&lt;br /&gt;
Opponents of women’s participation in society have relied on Non-textual arguments (‘‘Adillah Lubbiyyah’’) such as The The Normative Consciousness of the Devout (‘‘Irtikāz al-Mutasharriʿah’’), Juridical Consensus, The Conduct of the Rational and Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’). “Understanding” (‘‘Irtikāz’’) here refers to the mindset ingrained in devout Muslims, assuming that the Lawgiver prefers women to remain at home and focus on domestic duties. Of course, this the understanding is mentioned in narratives, but The author refutes this by citing historical examples that contradict such an understanding (‘‘Irtikāz’’), most notably the commercial activities of [[Khadija bint Khuwaylid|Hazrat Khadijah]]. Regarding consensus (‘‘ijmāʿ’’), he argues there is no definitive Juridical Consensus on the condition of Masculinity (‘‘Dhukūrah’’); any existing consensus is likely “document-based” (‘‘madrakī’’) rather than independent proof. Still, Reputation in Narration (‘‘Shuhrah Riwāʾiyyah’’) and Practice (‘‘Shuhrah ʿAmaliyyah’’) are not achieved based on a few weak hadiths. Nor can Reputation in Fatwa (‘‘Shuhrah Fatwāʾiyyah’’) be found because it has not been disputed in the past.&lt;br /&gt;
&lt;br /&gt;
==== Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’) and other reasons ====&lt;br /&gt;
The increasing presence of women, their Gender Intermixing with Non-Maḥrams and some other moral deviations are also the reasons that the author cites as the beginning of the presence of women in positions of power. Opponents argue that since women’s social presence is a preliminary to prohibited acts, it is also prohibited (based on the rule that “the preliminary of a haram act is haram”). The author rejects this, noting firstly the jurisprudential dispute over whether a preliminary act is inherently forbidden. But he rejects this reasoning and says: First, there is controversy over the view that Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’) is haram itself. Second, evil consequences enumerated by opponents are only because of increasing presence of women, even as clients; while no wise man would forbid it. Other arguments provided by the author are based on Reliance on the Certainty (‘‘Qadr al-Mutayaqqan’’) and his reliance on the Principle (‘‘Aṣl’’) that women cannot judge and he believes that Masculinity (‘‘Dhukūrah’’) is neither a certain nor a Principle (‘‘Aṣl’’). &lt;br /&gt;
[[fa:کاوشی نو در مسئله حضور اجتماعی زنان (کتاب)]]&lt;br /&gt;
[[category:Books by Astan Quds Razavi Publishing Foundation]]&lt;br /&gt;
[[category:Books by Seyyed Mahdi Narimani]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
	<entry>
		<id>https://ency.feqhemoaser.com/en/index.php?title=A_New_Exploration_into_Women%27s_Social_Presence_(Book)&amp;diff=2726</id>
		<title>A New Exploration into Women&#039;s Social Presence (Book)</title>
		<link rel="alternate" type="text/html" href="https://ency.feqhemoaser.com/en/index.php?title=A_New_Exploration_into_Women%27s_Social_Presence_(Book)&amp;diff=2726"/>
		<updated>2026-05-11T10:26:16Z</updated>

		<summary type="html">&lt;p&gt;Sarfipour: /* Arguments for Permissibility */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;{{infobox book&lt;br /&gt;
| name = A New Inquiry into the Issue of Women&#039;s Social Participation&lt;br /&gt;
| image = A New Inquiry into the Issue of Women&#039;s Social Participation.jpg&lt;br /&gt;
| original_title = کاوشی نو در مسئله حضور اجتماعی زنان&lt;br /&gt;
| author = [[Seyyed Mahdi Narimani Zamani]]&lt;br /&gt;
| language = Persian&lt;br /&gt;
| topic = [[Women&#039;s rights in Islam]], [[Political jurisprudence]]&lt;br /&gt;
| publisher = [[Astan Quds Razavi Publishing Foundation]]&lt;br /&gt;
| publication_place = Mashhad&lt;br /&gt;
| publication_date = 1394 SH (2015 CE)&lt;br /&gt;
| pages = 292&lt;br /&gt;
}}&lt;br /&gt;
{{Author&lt;br /&gt;
|author = Reza Shams&lt;br /&gt;
|author2 = &lt;br /&gt;
|author3 = &lt;br /&gt;
|compiler = &lt;br /&gt;
|editor1 = &lt;br /&gt;
|editor2 = &lt;br /&gt;
|editor3 = &lt;br /&gt;
}}&lt;br /&gt;
*&#039;&#039;&#039;Abstract&#039;&#039;&#039;&lt;br /&gt;
&#039;&#039;&#039;A New Inquiry into the Issue of Women&#039;s Social Participation&#039;&#039;&#039; (Persian: [https://ency.feqhemoaser.com/fa/view/%DA%A9%D8%A7%D9%88%D8%B4%DB%8C_%D9%86%D9%88_%D8%AF%D8%B1_%D9%85%D8%B3%D8%A6%D9%84%D9%87_%D8%AD%D8%B6%D9%88%D8%B1_%D8%A7%D8%AC%D8%AA%D9%85%D8%A7%D8%B9%DB%8C_%D8%B2%D9%86%D8%A7%D9%86_(%DA%A9%D8%AA%D8%A7%D8%A8) &#039;&#039;کاوشی نو در مسئله حضور اجتماعی زنان&#039;&#039;]) is a Persian work by [[Seyyed Mahdi Narimani Zamani]] that challenges the Traditionalist Jurisprudential Paradigm on gender restrictions in holding [[political positions|Public Offices and Political Mandates]], such as Administrative and Judiciary, and leadership roles. The author argues against the Juridical Juridical Juridical Juridical Consensus that discourages women&#039;s social presence, positing instead that Islam not only permits but potentially endorses women&#039;s Active participation in society.&lt;br /&gt;
&lt;br /&gt;
Through a critical analysis of opposing arguments and by citing supportive Quranic verses, narrations, and historical precedents—such as the rule of the [[Queen of Sheba]]—Narimani asserts that General Evidences  (&#039;&#039;ʿumūmāt&#039;&#039;) on social obligations apply equally to men and women. The book is structured to first clarify key concepts and then systematically refute the arguments of opponents while bolstering the case for women&#039;s social and political engagement.&lt;br /&gt;
&lt;br /&gt;
== Introduction ==&lt;br /&gt;
Seyyed Mahdi Narimani Zamani&#039;s “A New Exploration into Women&#039;s Social Presence” is published by [[Astan Quds Razavi Publishing Foundation]]. The author believes that religion not only does not oppose women&#039;s presence in social and Public Offices and Political Mandates, but also agrees with and even endorses such women.&lt;br /&gt;
The book is written based on analytical reasoning. The author refutes the opponents’ arguments and employs rational proofs, narrations, and historical precedents to validate women’s assumption of social positions. The book also discusses on women’s involvement in social affairs by relying on numerous commonalities and/ or generalities available on rulings issued in this regard&lt;br /&gt;
&lt;br /&gt;
=== Structure of the Book ===&lt;br /&gt;
The book is divided into two chapters, each of which contains three sections. At the beginning of the first chapter, the author addresses the concepts needed for the course of the discussion. These include such concepts as Principle (‘‘Aṣl’’), rights, powers, Assuming responsibility for and holding administrative positions, Guardianship (‘‘Wilāyah’’), justice and Religious Obligation (‘‘Taklīf’’). (pp. 21-34) It asserts that holding Administrative and Judiciary, and governmental responsibilities is a Divine Stewardship—a heavy burden that reason dictates must be entrusted to the most competent individuals.(pp. 34-39). The chapter concludes by acknowledging physical differences between genders while affirming their equal capacity for Spiritual Transcendence. The author eventually discusses on four issues considering the Islamic view of gender: 1. Equality in gender identity which results in equality in perfection; 2. Differences between men and women may lead to a healthy family system; 3. There are provisions in Islam that are gender-based, such as holding the office of a judge by women which is controversial among Muslim jurists; 4. Women enjoy a special and high position in Islam (pp. 21-80).&lt;br /&gt;
&lt;br /&gt;
The second chapter of the book, called “examining the jurisprudential ruling”, deals with arguments provided by supporters and opponents and some points are made about women&#039;s presence in society. In the first part, the author provides and reviews the arguments of the opponents, and in the second part he approves the social presence of women by providing the arguments of its supporters. (pp. 81-252) In the third part, given that women may have social participation, the author reminds them of the following tips: 1. Women should avoid Gender Intermixing with men; 2. Women should seek contributions that are compatible with Inherent Dignity  and the spirit of femininity; 3. Women are the foundation for home and the family; 4. Men are primarily responsible to work and provide the Financial Maintenance. (pp. 252-261)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Arguments for Permissibility ==&lt;br /&gt;
The author provides several reasons to prove the permission for women&#039;s participation in social and political activities.&lt;br /&gt;
&lt;br /&gt;
==== Enjoining Good and Forbidding Evil ====&lt;br /&gt;
One of the Islamic obligations is Civic Oversight to improve society. According to the verse “المومنون و المومنات بعضهم اولیاء بعض یامرون بالمعروف و ینهون عن المنکر&amp;quot; , The term “‘‘Awliyā’’” (guardians/friends) implies authority and Guardianship (‘‘Wilāyah’’). Consequently, all Muslim men and women possess the authority to enjoin their religious brethren to perform political good and forbid political evil. Furthermore, the The Conduct of the Rational (‘‘Sīrat al-ʿUqalā’’) has always been to entrust affairs to the most competent individuals, regarding gender as irrelevant to professional competence.&lt;br /&gt;
&lt;br /&gt;
=== The application and generality of Narrational arguments related to the Guardianship of the Jurist (‘‘Wilāyat al-Faqīh’’) and the obligation to stand up for justice ===&lt;br /&gt;
&lt;br /&gt;
* The author cites six narrations establishing the necessity of a societal ruler; these texts are Absolute (‘‘muṭlaq’’), making no stipulation that the ruler must be male.He also notes that there are hadiths that refer to the obligation to stand up for justice and act in accordance with the Divine Revelations, without making any reference to the gender of those who speak the truth and approve the right behavior according to Divine Revelation. Citing the prophetic hadith, “Whoever wakes up without concern for the affairs of Muslims is not one of them,” he concludes that this general duty encompasses women’s holding of social and political offices. He continues to list several other reasons as evidence that women are allowed to participate in politics and hold social positions. It is explained that if women learn knowledge but do not act accordingly, then the need to learn knowledge will be meaningless.&lt;br /&gt;
&lt;br /&gt;
=== Historical quotes from Prophets (pbuh) and the Governance of Imam al-Mahdi (May God hasten his glad advent) ===&lt;br /&gt;
One of the reasons cited by the author is the The Rule of the Queen of Sheba (Bilqīs), a woman whose story is narrated in the Holy Quran, and Allah Almighty did not condemn her, but Tacit Approval and was pleased with her Guardianship (‘‘Wilāyah’’). He also reports twenty-seven narratives about women who were guardians, agents or advisors and Prophet Muhammad (s) consulted with them in matters of jihad, economics, knowledge and the fight against oppression, and these narratives show that the Prophet (PBUH) consented to the participation and presence of women. Some narratives on Mahadism also state that 50 of the main companions of  Mahdi (May God hasten his glad advent) will be women. Alternatively, during the presence of  Mahdi, wisdom will reach such a level that women will judge based on the Book and Sunnah of God.&lt;br /&gt;
&lt;br /&gt;
=== Rational Arguments for Participation ===&lt;br /&gt;
The author states two logical reasons why women are allowed to hold judicial and administrative positions: 1. Gender does not matter in rational proofs for Wilayat; what matters is only the need to implement the divine decrees and observe the limits set by God in the period of The Major Occultation (‘‘Ghaybah’’). This would require an expert Faqih and it can be fulfilled by both men and women. 2. The Principle (‘‘Aṣl’’) of participation in administrative and social affairs is one of the fundamental principles to establish a state. There must be clear reasons for excluding people from such participation. No such justification exists.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Critique of Opposing Arguments ==&lt;br /&gt;
The author reviews the fatwas of contemporary jurists regarding gender requirements for high offices. While some, like [[Sayyid Muhammad Sadiq Rohani]], restrict all such positions to men, others, such as [[Seyyed Musa Shubeyri Zanjani|Sayyid Musa Shubayri Zanjani]], limit the restriction primarily to judgeship (&#039;&#039;qaḍāwat&#039;&#039;) and religious authority (&#039;&#039;marjaʿiyyah&#039;&#039;).&lt;br /&gt;
&lt;br /&gt;
=== The Verse of Qiwāmah (Guardianship) ===&lt;br /&gt;
The author identifies &#039;&#039;&#039;Qur’an 4:34&#039;&#039;&#039; (The Verse of Qiwāmah) as the primary scriptural basis for opposition. Opponents argue this verse establishes men’s authority and superiority over women due to their financial support. This verse can be relied on only if it refers to the dominance of men over women in the home and society, not to the obligations of men towards their wives. Using the opinions of the commentators, the author explains that this verse was revealed in relation to marital discord and the payment of maintenance money and considers that the verse expresses the dominance of men over their wives. He believes that even by analogy of priority, it cannot be inferred that men have Guardianship (‘‘Wilāyah’’) over women in society. Even if the verse were generalized to imply male Guardianship (‘‘Wilāyah’’) in society, it would not necessitate prohibition, as ‘‘Qiwāmah’’ implies caretaking rather than Absolute domination, and even if it did, it would not prevent women from participating in such matters.&lt;br /&gt;
&lt;br /&gt;
=== The Verse of Rank (‘‘Darajah’’) ===&lt;br /&gt;
Another verse mentioned in the book is the [[Verse 228 of Surah al-Baqarah|Qurʾan 2:228]], which points to the mutual rights of spouses over each other and the superior degree of the rights of men over their wives. If this verse refers to the Guardianship (‘‘Wilāyah’’) of men over women within the family or outside, there may be a reason to oppose women&#039;s participation; However, the author argues that even under this assumption, the word “degree” (‘‘darajah’’) is an indefinite noun in an affirmative context, which does not imply Absolute superiority in all aspects. In addition, since the verse is about divorce, possible superiority of men in relation to the right to divorce is reinforced.&lt;br /&gt;
&lt;br /&gt;
=== The Verse of Ornament (‘‘Ḥilyah’’) and Tabarruj ===&lt;br /&gt;
Another verse that, in the author&#039;s opinion, attracted the attention of the opponents is The Verse of Ornament (‘‘Ḥilyah’’) (Qurʾan 43:18) &amp;quot;What! One who is brought up amid ornaments and is inconspicuous in contests (do you take her as the daughter of God)?&amp;quot; Opponents interpret this verse to mean that women are naturally inclined towards adornment and lack the capacity for strong argumentation and reasoning. In The Verse of Display (‘‘Tabarruj’’) (Qurʾan 33:33), women are commanded to stay at home and not to go out in public as they did at the age of ignorance. The social presence of women is contrary to the clear prohibition in the verse and Gender Intermixing with Non-Maḥrams. He believes that The Verse of Display (‘‘Tabarruj’’) cannot be relied on because of its brevity in identifying the pronouns and the relevant conjunctive nouns used in the verse. Furthermore, in his criticism of The Verse of Display (‘‘Tabarruj’’), he thinks that the verdict is particularly confined to the wives of Prophet Muhammad (s), and because of different readings, it could mean that they should observe dignity and solemnity instead of staying at home. Finally, none of the above verses proves that women should not participate in administrative and Guardianship (‘‘Wilāyah’’) affairs. &lt;br /&gt;
&lt;br /&gt;
=== Opponents’ Narrational Arguments ===&lt;br /&gt;
Proponents’ arguments in this regard can be found in narratives reported by Shiites and narratives reported by Sunnis. These include opposition to women&#039;s participation in good deeds, no permission to judge, prohibition of women going out, prohibition to consult with them, less enjoyment of the blessing of reason, Prophet Muhammad’s hatred of entrusting women with Assuming responsibility for affairs, and that a state ruled by women cannot achieve prosperity. The author dismisses these narrations, noting that some contradict explicit Qur’anic texts, while others are weak in their chain of transmission (‘‘sanad’’), some are confined to the time when they were issued, some are objected by the Companions, and some that provide guidance. Among other reasons is that none of the above verses clearly forbids holding administrative positions by women.&lt;br /&gt;
&lt;br /&gt;
=== Important Non-textual arguments (‘‘Adillah Lubbiyyah’’) of the opponents of women’s participation, such as The Understanding of the Devout (‘‘Irtikāz al-Mutasharriʿah’’), Juridical Consensus  and The Conduct of the Rational ===&lt;br /&gt;
Opponents of women’s participation in society have relied on Non-textual arguments (‘‘Adillah Lubbiyyah’’) such as The Understanding of the Devout (‘‘Irtikāz al-Mutasharriʿah’’), Juridical Consensus, The Conduct of the Rational and Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’). “Understanding” (‘‘Irtikāz’’) here refers to the mindset ingrained in devout Muslims, assuming that the Lawgiver prefers women to remain at home and focus on domestic duties. Of course, this the understanding is mentioned in narratives, but The author refutes this by citing historical examples that contradict such an understanding (‘‘Irtikāz’’), most notably the commercial activities of [[Khadija bint Khuwaylid|Hazrat Khadijah]]. Regarding consensus (‘‘ijmāʿ’’), he argues there is no definitive Juridical Consensus on the condition of Masculinity (‘‘Dhukūrah’’); any existing consensus is likely “document-based” (‘‘madrakī’’) rather than independent proof. Still, Reputation in Narration (‘‘Shuhrah Riwāʾiyyah’’) and Practice (‘‘Shuhrah ʿAmaliyyah’’) are not achieved based on a few weak hadiths. Nor can Reputation in Fatwa (‘‘Shuhrah Fatwāʾiyyah’’) be found because it has not been disputed in the past.&lt;br /&gt;
&lt;br /&gt;
==== Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’) and other reasons ====&lt;br /&gt;
The increasing presence of women, their Gender Intermixing with Non-Maḥrams and some other moral deviations are also the reasons that the author cites as the beginning of the presence of women in positions of power. Opponents argue that since women’s social presence is a preliminary to prohibited acts, it is also prohibited (based on the rule that “the preliminary of a haram act is haram”). The author rejects this, noting firstly the jurisprudential dispute over whether a preliminary act is inherently forbidden. But he rejects this reasoning and says: First, there is controversy over the view that Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’) is haram itself. Second, evil consequences enumerated by opponents are only because of increasing presence of women, even as clients; while no wise man would forbid it. Other arguments provided by the author are based on Reliance on the Certainty (‘‘Qadr al-Mutayaqqan’’) and his reliance on the Principle (‘‘Aṣl’’) that women cannot judge and he believes that Masculinity (‘‘Dhukūrah’’) is neither a certain nor a Principle (‘‘Aṣl’’). &lt;br /&gt;
[[fa:کاوشی نو در مسئله حضور اجتماعی زنان (کتاب)]]&lt;br /&gt;
[[category:Books by Astan Quds Razavi Publishing Foundation]]&lt;br /&gt;
[[category:Books by Seyyed Mahdi Narimani]]&lt;br /&gt;
[[Category:Bibliography Articles]]&lt;/div&gt;</summary>
		<author><name>Sarfipour</name></author>
	</entry>
</feed>