An Exploratory Analysis of Curiosity and Spying Under Sharia Laws

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Abstract

This research explores the Islamic jurisprudence regarding spying and surveillance, dividing the subject into two main categories: prohibited and permissible. The prohibited category is further subdivided into two types, while the permissible category is classified into three subcategories. The first section discusses unlawful spying, focusing on two key issues: Spying within the Muslim community: the prohibition of unwarranted surveillance between Muslims. Spying for non-Muslims against Muslims: the impermissibility of a Muslim spying for disbelievers against fellow Muslims. The second section examines permissible surveillance under Islamic law. This includes: State surveillance for public administration: when a ruler collects information to select competent individuals for governance. Restricted spying by a ruler, emir, or official: when surveillance is conducted under specific conditions and limitations. Spying on non-believers: discussing the permissibility of gathering intelligence on non-Muslims for the protection of the Muslim state. This study provides a comprehensive analysis of the ethical and legal boundaries of espionage in Islam, offering insight into when and how spying is considered lawful or forbidden.

Keywords: Islamic Jurisprudence, Spying (Tajassus), Surveillance, Prohibited Espionage, Permissible Surveillance, Muslim Community, Non-Muslims