The Jurisprudential Foundations of Espionage and Counter-Espionage (Book) - Revision history

Sarfipour at 08:25, 27 May 2026

2026-05-27T08:25:56Z

← Older revision		Revision as of 08:25, 27 May 2026
Line 45:		Line 45:
	}}		}}
	* '''abstract'''		* '''abstract'''
	~~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.		'''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.
	== A Brief Look at the Book ==		== A Brief Look at the Book ==
	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).		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).

Sarfipour at 03:47, 27 May 2026

2026-05-27T03:47:29Z

← Older revision		Revision as of 03:47, 27 May 2026
Line 152:		Line 152:
	a) Does Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions:		a) Does Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions:

	1. Espionage and Intelligence immediately breaks the Dhimmah ~~covenant~~, turning the Dhimmi into an enemy (Harbi), who is no longer protected.		1. Espionage and Intelligence immediately breaks the The Dhimmah Pact, turning the Dhimmi into an enemy (Harbi), who is no longer protected.

	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.		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.

Sarfipour: /* Espionage and Intelligence Benefiting Inimical Powers (Kufr) */

2026-05-27T03:27:35Z

Espionage and Intelligence Benefiting Inimical Powers (Kufr)

Sarfipour: /* A Brief Look at the Book */

2026-05-27T03:04:30Z

A Brief Look at the Book

← Older revision		Revision as of 03:04, 27 May 2026
Line 114:		Line 114:
	a) Espionage and Intelligence for a necessary purpose, such as preserving the The Islamic Polity.		a) Espionage and Intelligence for a necessary purpose, such as preserving the The Islamic Polity.

	b) Espionage and Intelligence for a ~~commendable~~ purpose, such as identifying qualified individuals.		b) Espionage and Intelligence for a Recommended purpose, such as identifying qualified individuals.

	Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant):		Regarding spies, the author categorizes them into two types, irrespective of their religion (Muslim, dhimmi—non-Muslim under Islamic protection, or harbi—enemy combatant):

Sarfipour at 03:00, 27 May 2026

2026-05-27T03:00:58Z

← Older revision		Revision as of 03:00, 27 May 2026
Line 104:		Line 104:
	In the second Discourse, Espionage and Intelligence is classified based on its benefit or lack thereof:		In the second Discourse, Espionage and Intelligence is classified based on its benefit or lack thereof:

	1. Investigating personal affairs without any rational motivation (i.e., ~~meddling~~).		1. Investigating personal affairs without any rational motivation (i.e., Purposeless Interference).

	2. Espionage and Intelligence driven by corrupt intentions.		2. Espionage and Intelligence driven by corrupt intentions.

Sarfipour: /* Meaning and Types of Espionage and Intelligence */

2026-05-27T02:58:29Z

Meaning and Types of Espionage and Intelligence

← Older revision		Revision as of 02:58, 27 May 2026
Line 100:		Line 100:

	== Meaning and Types of Espionage and Intelligence ==		== Meaning and Types of Espionage and Intelligence ==
	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.		In the first Discourse, the author discusses the linguistic meaning of Tajassus ( Espionage and Intelligence) using various Lexicographical Authorities. After examining the different definitions, the author concludes that Tajassus refers to investigating hidden matters, whether for personal knowledge or other purposes, whether with good or malicious intent, and whether the matters themselves are virtuous or evil.

	In the second Discourse, Espionage and Intelligence is classified based on its benefit or lack thereof:		In the second Discourse, Espionage and Intelligence is classified based on its benefit or lack thereof:
Line 120:		Line 120:
	1. Spies working in favor of the enemies of Islam.		1. Spies working in favor of the enemies of Islam.

	2. Spies working in favor of the Islamic state.		2. Spies working in favor of the Islamic state.


	==Espionage and Intelligence Benefiting Inimical Powers (Kufr)==		==Espionage and Intelligence Benefiting Inimical Powers (Kufr)==
	=== The Ruling on a Muslim Spy ===		=== The Ruling on a Muslim Spy ===

Sarfipour: /* Structure of the Book */

2026-05-26T20:03:46Z

Structure of the Book

Sarfipour: /* Structure of the Book */

2026-05-26T19:49:51Z

Structure of the Book

← Older revision		Revision as of 19:49, 26 May 2026
Line 92:		Line 92:

	Fifth Discourse: Committing Prohibited Acts During Espionage and Intelligence		Fifth Discourse: Committing Prohibited Acts During Espionage and Intelligence
	Is it permissible to commit ~~sinful acts~~ in the process of Espionage and Intelligence?		Is it permissible to commit Prohibited Acts in the process of Espionage and Intelligence?

Sarfipour: /* Structure of the Book */

2026-05-26T19:47:57Z

Structure of the Book

Sarfipour at 18:41, 26 May 2026

2026-05-26T18:41:21Z

← Older revision		Revision as of 03:27, 27 May 2026
Line 127:		Line 127:
	In this Discourse, the author discusses the ruling on a Muslim spy under three main headings.		In this Discourse, the author discusses the ruling on a Muslim spy under three main headings.

	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).		1. Fatwas of Shia Jurists: After presenting various opinions, the author summarizes that, according to Shia jurists, a Muslim spy is generally not subject to Capital Punishment. However, some contemporary scholars have ruled for the death penalty in cases where Espionage and Intelligence is considered muharaba (waging war against God and the Islamic state) or ifsad (corruption).

	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.		2. Opinions of Sunni Jurists: The author surveys a range of Sunni views, which include imprisonment, Capital Punishment, or corporal punishment for a Muslim spy. Ultimately, the predominant Sunni opinion favors imprisonment.

	3. Jurisprudential Scriptural and Rational Scriptural and Rational Evidence : The author presents five pieces of Scriptural and Rational Scriptural and Rational Evidence :		3. Jurisprudential Scriptural and Rational Scriptural and Rational Evidence : The author presents five pieces of Scriptural and Rational Scriptural and Rational Evidence :
Line 135:		Line 135:
	- Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam).		- Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam).

	- 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.		- A Sunni Narration from Sunan Abi Dawood: In this narration, the Prophet (PBUH) initially ordered the Capital Punishment of a spy, but when it was revealed that the spy was Muslim, the Prophet pardoned him.

	- A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Espionage and Intelligence.		- A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Espionage and Intelligence.
	In the first three Scriptural and Rational Scriptural and Rational Evidence s, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable Scriptural and Rational Scriptural and Rational Evidence to justify the ~~execution~~ of a Muslim spy. Based on the principle of precaution and available Scriptural and Rational Scriptural and Rational Evidence , he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).		In the first three Scriptural and Rational Scriptural and Rational Evidence s, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable Scriptural and Rational Scriptural and Rational Evidence to justify the Capital Punishment of a Muslim spy. Based on the principle of precaution and available Scriptural and Rational Scriptural and Rational Evidence , he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).

	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~~.		Regarding the Sunan Abi Dawood narration, the author contrasts it with another narration (Musannaf), where the term “ayn” is absent. He then discusses two scenarios: one where the individual was Muslim during the Espionage and Intelligence, and another where the person converted to Islam after committing Espionage and Intelligence. In both cases, he finds the narration insufficient to justify Capital Punishment.

	As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Espionage and Intelligence, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Juridical Opinions of Shia jurists.		As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Espionage and Intelligence, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Juridical Opinions of Shia jurists.
	=== Ruling on a Non-Muslim Spy ===		=== Ruling on a Non-Muslim Spy ===
	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.		There is no explicit ruling in Shia jurisprudence concerning non-Muslim spies, but historical and maghazi (early Islamic battles) accounts from Sunni sources suggest that the Prophet (PBUH) ordered the Capital Punishment of non-Muslim spies. However, these narrations are not considered authoritative for deriving legal Juridical Opinions, and they are included in the book mainly to provide a comprehensive discussion.

	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.		The author then presents two narrations from the historian al-Waqidi, which indicate that the ruling for a non-Muslim spy is Capital Punishment. Nevertheless, in certain circumstances, a ruler may pardon the spy for strategic reasons and might even use the spy to harm the enemy. According to these narrations, it is also permissible to threaten or physically harm the spy to extract a Admission.
	==== The Dhimmi Spy and the Musta'min Spy ====		==== The Dhimmi Spy and the Musta'min Spy ====
	In the context of non-Muslim spies, the author explores two jurisprudential branches:		In the context of non-Muslim spies, the author explores two jurisprudential branches:
Line 156:		Line 156:
	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.		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.

	The author also refers to various Sunni opinions, including ~~execution~~ or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: "The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the ~~execution~~ of spies."		The author also refers to various Sunni opinions, including Capital Punishment or taking the spy as a prisoner. He concludes this discussion with a citation from Ahmad ibn Yahya al-Zaidi's Uyun al-Azhar, which states: "The enforcement of legal punishments (hudud) is solely in the hands of the Imam... including the Capital Punishment of spies."

	b) The Ruling on a Mu'ahid or Musta'min Spy		b) The Ruling on a Mu'ahid or Musta'min Spy
Line 168:		Line 168:
	Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, "Views of Shia Jurists" and "Views of Sunni Jurists," the opinions of some scholars from are presented.		Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, "Views of Shia Jurists" and "Views of Sunni Jurists," the opinions of some scholars from are presented.

	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).		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).


	== Espionage and Intelligence for the Benefit of Islam and the Islamic System ==		== Espionage and Intelligence for the Benefit of Islam and the Islamic System ==
	In this Discourse, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each:		In this Discourse, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each:

← Older revision		Revision as of 20:03, 26 May 2026
Line 67:		Line 67:

	First Discourse: The Meaning of Espionage and Intelligence		First Discourse: The Meaning of Espionage and Intelligence

	In this Discourse, the linguistic and terminological meanings of Espionage and Intelligence are examined.		In this Discourse, the linguistic and terminological meanings of Espionage and Intelligence are examined.

Line 86:		Line 87:
	b) The perspectives of Sunni jurists.		b) The perspectives of Sunni jurists.

	c) The jurisprudential ~~evidence~~ for the ruling.		c) The jurisprudential Scriptural and Rational Scriptural and Rational Evidence for the ruling.

	Fourth Discourse: On Arif and Naqib		Fourth Discourse: On Arif and Naqib

	Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Espionage and Intelligence?		Can narrations that encourage the appointment of an Arif (recognized leader) and Naqib (representative) be used to justify the permissibility of Espionage and Intelligence?

	Fifth Discourse: Committing Prohibited Acts During Espionage and Intelligence		Fifth Discourse: Committing Prohibited Acts During Espionage and Intelligence

	Is it permissible to commit Prohibited Acts in the process of Espionage and Intelligence?		Is it permissible to commit Prohibited Acts in the process of Espionage and Intelligence?



	== Meaning and Types of Espionage and Intelligence ==		== Meaning and Types of Espionage and Intelligence ==
	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.		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.

	In the second Discourse, Espionage and Intelligence is classified based on its benefit or lack thereof:		In the second Discourse, Espionage and Intelligence is classified based on its benefit or lack thereof:

Line 104:		Line 109:

	3. Espionage and Intelligence with a rational and legitimate purpose.		3. Espionage and Intelligence with a rational and legitimate purpose.

	The third category is further divided into:		The third category is further divided into:

Line 123:		Line 129:
	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.		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.

	3. Jurisprudential Evidence: The author presents five pieces of ~~evidence~~:		3. Jurisprudential Scriptural and Rational Scriptural and Rational Evidence : The author presents five pieces of Scriptural and Rational Scriptural and Rational Evidence :

	- Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam).		- Shia Narrations (the narration about Hatib, the actions of Imam Hasan, and a narration from Da'a'im al-Islam).
Line 130:		Line 136:

	- A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Espionage and Intelligence.		- A Historical Account: The exile of Hakam ibn Abi al-'As, reportedly for Espionage and Intelligence.
	In the first three ~~evidences~~, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable ~~evidence~~ to justify the execution of a Muslim spy. Based on the principle of precaution and available ~~evidence~~, he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).		In the first three Scriptural and Rational Scriptural and Rational Evidence s, after questioning the authenticity and the implications of the texts, he concludes that there is no reliable Scriptural and Rational Scriptural and Rational Evidence to justify the execution of a Muslim spy. Based on the principle of precaution and available Scriptural and Rational Scriptural and Rational Evidence , he argues that the appropriate ruling for a Muslim spy is ta'zir (discretionary punishment).

	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.		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.
Line 140:		Line 146:
	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.		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.
	==== The Dhimmi Spy and the Musta'min Spy ====		==== The Dhimmi Spy and the Musta'min Spy ====
	In the context of non-Muslim spies, the author explores two jurisprudential branches:		In the context of non-Muslim spies, the author explores two jurisprudential branches:

	a) Does Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions:		a) Does Espionage and Intelligence violate the Dhimmah (pact of protection for non-Muslims under Islamic rule)? There are two opinions:

Line 157:		Line 164:
	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.		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.

	Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, "Views of Shia Jurists" and "Views of Sunni Jurists," the opinions of some scholars from are presented.		Under the Discourse titled “Additional Narrations from Sunnis Regarding Torture,” ten narrations are cited. Afterward, under two headings, "Views of Shia Jurists" and "Views of Sunni Jurists," the opinions of some scholars from are presented.

	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).		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).
	== Espionage and Intelligence for the Benefit of Islam and the Islamic System ==		== Espionage and Intelligence for the Benefit of Islam and the Islamic System ==
	In this Discourse, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each:		In this Discourse, the author examines three Qur'anic verses and eight narrations (hadiths), offering his analyses of each:
	In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each:
	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.		In this Discourse, the author presents three Quranic verses and eight narrations, offering his analysis of each:
	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.
			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.

			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.

	3. [[Surah Al-Anfal, verse 27]]:		3. [[Surah Al-Anfal, verse 27]]:

Line 189:		Line 201:
	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.		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.

	The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Espionage and Intelligence. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear ~~evidence~~ that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Espionage and Intelligence and inquiry is acceptable.		The author then addresses the statement of Ayatollah Kharazi, who asserted that “the numerous narrations encouraging the designation of an Arif and Naqib indicate that inquiry, in principle, has been encouraged.” The author presents two points: 1. The term Arif means caretaker and does not imply inquiry or Espionage and Intelligence. 2. The reasoning based on these narrations requires further contemplation, as the admonitory narrations (five in total) do not prohibit undertaking this responsibility but rather highlight its serious nature. It is also possible that the term Arif in the prohibitive context refers to a astronomers or priests. Moreover, the encouraging narrations (six in total) cannot be used to support Ayatollah Kharazi's claim. If there were clear Scriptural and Rational Scriptural and Rational Evidence that these narrations endorse the appointment of Naqibs, then relying on them to validate the legitimacy of Espionage and Intelligence and inquiry is acceptable.
	====Committing Forbidden Acts during Espionage and Intelligence====		====Committing Forbidden Acts during Espionage and Intelligence====
	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.		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.
	==Notes on the Book==		==Notes on the Book==
	{{column\|3}}		{{column\|3}}

← Older revision		Revision as of 19:47, 26 May 2026
Line 76:		Line 76:
	This Discourse is presented in two chapters:		This Discourse is presented in two chapters:

	1. Espionage and Intelligence benefiting ~~disbelief~~ (kufr) and in its interests.		1. Espionage and Intelligence benefiting Inimical Powers (kufr) and in its interests.

	2. Espionage and Intelligence benefiting Islam and the Islamic ~~government~~.		2. Espionage and Intelligence benefiting Islam and the The Islamic Polity.

	The first chapter includes three discussions:		The first chapter includes three discussions:
Line 93:		Line 93:
	Fifth Discourse: Committing Prohibited Acts During Espionage and Intelligence		Fifth Discourse: Committing Prohibited Acts During Espionage and Intelligence
	Is it permissible to commit sinful acts in the process of Espionage and Intelligence?		Is it permissible to commit sinful acts in the process of Espionage and Intelligence?


	== Meaning and Types of Espionage and Intelligence ==		== Meaning and Types of Espionage and Intelligence ==
	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.		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.
Line 104:		Line 106:
	The third category is further divided into:		The third category is further divided into:

	a) Espionage and Intelligence for a necessary purpose, such as preserving the Islamic ~~government~~.		a) Espionage and Intelligence for a necessary purpose, such as preserving the The Islamic Polity.

	b) Espionage and Intelligence for a commendable purpose, such as identifying qualified individuals.		b) Espionage and Intelligence for a commendable purpose, such as identifying qualified individuals.
Line 113:		Line 115:

	2. Spies working in favor of the Islamic state.		2. Spies working in favor of the Islamic state.
	==Espionage and Intelligence Benefiting ~~Disbelief~~ (Kufr)==		==Espionage and Intelligence Benefiting Inimical Powers (Kufr)==
	=== The Ruling on a Muslim Spy ===		=== The Ruling on a Muslim Spy ===
	In this Discourse, the author discusses the ruling on a Muslim spy under three main headings.		In this Discourse, the author discusses the ruling on a Muslim spy under three main headings.

← Older revision		Revision as of 18:41, 26 May 2026
Line 47:		Line 47:
	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.		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.
	== A Brief Look at the Book ==		== A Brief Look at the Book ==
	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).		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).
	=== About the Author ===		=== About the Author ===
	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:		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:
Line 60:		Line 60:
	- Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)		- Huquq e-Zindani wa Mawarid Zindan dar Islam (Rights of Prisoners and the Conditions for Imprisonment in Islam)

	- Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential ~~Jurisprudential Rulings~~)		- Mawarid al-Sajin fi al-Nusus wa al-Fatawa (Cases of Imprisonment in Texts and Jurisprudential Juridical Opinions)


Line 132:		Line 132:
	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.		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.

	As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Espionage and Intelligence, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the ~~Jurisprudential Rulings~~ of Shia jurists.		As for the historical account of exile, the author believes that if it is proven that the reason for Hakam's exile was Espionage and Intelligence, exile could be classified as a form of ta'zir. The author does not provide a definitive conclusion, however from the points made, it is clear that he aligns with the Juridical Opinions of Shia jurists.
	=== Ruling on a Non-Muslim Spy ===		=== Ruling on a Non-Muslim Spy ===
	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.		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.

	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.		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.