جنگی حالات میں جاسوسوں سے متعلق شرعی احکام: قرائن و شواہد کی بنیاد پر فیصلہ سازی کا جواز

"Islamic Rulings Regarding Spies in Wartime: The Legitimacy of Decision-Making Based on Circumstantial Evidence and Indicators"DOI:https://doi.org/10.5281/zenodo.17364454

Abstract

This study examines the Islamic judicial decision regarding spies during war, and its validity in decision making on the basis of circumstantial evidence (qarā’in) and testimonies. The espionage is classified in classical Islamic jurisprudence as an extreme betrayal (khiyahanah) that can jeopardize the life and safety of the state as well as the citizens. The Quran and Sunnah do not permit spying and especially infidelity in terms of trust and support of enemy. Nevertheless, the Islamic jurists like al-Sarakhsi, Ibn Taymiyyah and Ibn al-Qayyim highlighted that in special cases, good and sound circumstantial evidence could be a valid basis of judicial decisions particularly in cases where there is no first-hand testimony or confession. The paper discusses the classical paradigm of evidence under Islamic law, in which testimony (shahada), confession (iqrar), and corroborative indications are regarded as instruments of evidence. It also shows the dogmatic disagreements between the four Sunni schools of law on the punishment of spies, between execution and discretionary (ta‘zīrī) punishment. Special emphasis is put on the works of Ibn Taymiyyah, al-Siyasah al-Shar‘iyyah, and that of Ibn al-Qayyim, al-Turuq al-Hukmiyyah, which highlights the importance of powerful circumstantial indicators in the context of justice and the protection of the common good. The study is also about the influences of the practice of prophecy and history that formed the law on the meaning of espionage by using the example of Ḥātib ibn Abī Balta‘ah. Besides this, the work also interacts with such recent issues as digital espionage, internet surveillance, the acceptability of new technological evidence like electronic recordings and computer patterns. Through juxtaposition of Islamic values with the principles of international humanitarian law, specifically the Geneva Conventions, the study indicates some areas of convergence and divergence in the treatment of spies in the context of armed conflict. The results indicate that Islamic jurisprudence is naturally flexible and can accommodate contemporary means of evidence, as long as these are not subjected to forgery and manipulation. The paper concludes decision using strong circumstantial evidence is not only permissible but required in times of warfare that is due to the nature of espionage that is clandestine. Finally, the study highlights the timeless applicability of Islamic law to modern security challenges without violating justice, fairness, and exalted values of Sharia (maqasid al-sharieah).