THE LEAGAL RULINGS ON SPIES AND INFORMANTS

This is part of a letter that Amir Muhammad Shareef (Hafith ullah)wrote the Jama'ah a couple of years ago addressing this same issue

THE LEAGAL RULINGS ON SPIES AND INFORMANTS

In the name of Allah the Beneficent the Merciful, may Allah bless our master Muhammad, his family, Companions and grant them peace.

All praises are due to Allah, the Lord of the worlds and may the most abundant blessings and most perfect peace be upon our master Muhammad, his family and Companions. My objective in this letter is to shed some light on the most dangerous trend that has become prevalent among Muslims in the western hemisphere about which many are silent out of fear of the disbelieving nations in which they reside. This prohibited trend has been made permissible and even obligatory by the tongue and actions of many of our Muslim leaders in the west. What is more problematic is that the so-called anti-terrorist legislations as well as the Patriot Act has made it legal, lawful and in the opinion of the disbelieving nations necessary to spy, suspect and pry into the lives of innocent Muslims. This is made worse by FBI and other intelligence gathering agencies in western nations to induce, coerce, or convince other Muslims to inform on other Muslims, their spouses, their children and love ones. This is absolutely forbidden and prohibited by the Book of Allah ta`ala, the Sunna of His Messenger and the consensus of the Sunni scholars.

The Book:
As for the Book there is the saying of Allah ta`ala:
"Avoid most suspicion because some suspicion is a sin. Do not spy on one another and do not slander one another." This is unambiguous in its condemnation of any Muslim who searches into the secret affairs, or open affairs of the Muslims, for themselves or for others from among the Muslims. If this is the case regarding spying on one another for one another, then what do you think is the judgment of one who calls himself Muslim and he spies on Muslims for the disbelievers, or he informs the disbelievers about the secrets of the Muslims? There is no doubt that this is among the biggest of the immense sin! Verily we belong to Allah and to Him in final return.

Shaykh Abdullahi ibn Fuduye', may Allah be merciful to him said in his Diya `t-Ta'weel Fee Ma`ana at-Tanzeel: "This verse means to be with regard to suspicion in the same state of avoidance that one avoids any evil. That is, he should be far from suspicion, stay away from it and object to it strongly, so as not to commit any form of suspicion except the type of suspicion that induces researched insight and independent judgment…" This statement is important because, suspicion, is a blameworthy quality that opens the door to spying. The FBI or any other kaafir intelligence- gathering agency builds its investigation upon suspicion. Most times, there is no suspicion of a crime, but `cause is cooked up' in order to justify harassment, arrest and detainment of Muslims. The motivations for this type of action is the same that motivated them in the past. In the 1976 report called: INTELLIGENCE ACTIVITIES AND THE RIGHTS OF AMERICANS it gives the alleged reason for US illegal spying upon its citizens when it said: "…penetrative investigations should be initiated at this time looking toward developing any information regarding contacts on the part of these individuals with foreign elements and looking toward developing any additional information having a bearing upon whether the individual involved is currently subjected to foreign influence or direction…During your investigative coverage of all militant black nationalists, be most alert to any foreign travel." This was their declared goal and it is the same today. The key point is that they `suspect' Muslims of having ties with `terrorist'. This suspicion allows them to investigate, intrude, spy and in most cases, when there is no evidence of a crime, to cook up information.

Shaykh Abdullahi continued: "The meaning of His words: "…because some suspicion is a sin"; that it is a misdeed (mu'athim), or it means what emerges from it is sins (al-itham), that is, it is forbidden (haraam) and necessitates punishment; and this is the case with most suspicion. Like, for example, the suspicion of evil (dhan as-suu) against the people of excellence from among the believers…Included in that is pursuing one's suspicion or doubts (ataabi`u ad-dhann) regarding Divinity and Prophethood in a way that conflicts with what is fundamental about these. Among the types of intimation considered as suspicion that is obligatory to pursue is that connected to the one who gives independent judgment (mujtahid) in the area of social behavior (al-`amaliyaat) as long as his opinion is not considered conclusive (qaati`). Among these types as well is having a good opinion of Allah (husnu ad-dhann billahi); and among the suspicions that are permissible (yubaah) is the suspicion against the people of corruption (dhan ahl'l-fisq) who openly manifest their sins; as well as being suspicious regarding the affairs of social behavior (al-umuur al-ma`aashia)…The meaning of His words: "Do not spy on one another"; is do not investigate into the imperfections (`awraat) of the Muslims…The meaning of His words: "…and do not slander one another"; do not mention your brother when he is not present in such a manner that he would dislike; and when you say something about him which is not true then that is defamation (buhtaan)."

This means that a Muslim can never spy on another Muslim, not for other Muslims, but definitely not for the disbelievers. This also means it is not permissible for a Muslim who is residing in the lands of the disbelievers to join those agencies who specialize in gathering intelligence against the Muslims. He or she cannot join the FBI, the CIA, the NSA, the MI5, the MI6 or any subgroup from among these groups. It does not matter whether these agencies are trying stop terrorism (as they claim) or not. Whoever joins them, then he is just like them, as Allah ta`ala has established in His Infallible Quran, when He says: "Whoever befriends them from among you, then he is from among them." That is, he/she is no longer Muslim because they would have manifested one of the traits of hypocrisy, which is informing the disbelievers about the affairs of the Muslims. In the 1976 report called: INTELLIGENCE ACTIVITIES AND THE RIGHTS OF AMERICANS is states: "The CIA and the National Security Agency illegally instituted programs for the interception of international communications to and from American citizens, primarily first class mail and cable traffic. During this period, the FBI also used intrusive intelligence gathering techniques against domestic "subversives" and counterintelligence targets. Sometimes these techniques were covered by a blanket delegation of authority from the Attorney General, as with microphone surveillance; but frequently they were used without outside authorization, as with mail openings and surreptitious entry. Only conventional wiretaps required the Attorney General's approval in each case, but this method was still misused due to the lack of adequate standards and procedural safeguards." Now with the so-called Patriot Act, these same illegal methods have been given government stamp of approval. However, a Muslim is forbidden to participate in this type of activity.

Shaykh Abdullahi Dan Fuduye' demonstrates how the above Quranic verse gives evidence of the unconditional command to guard the honor of Muslims with the utmost care of protection by mentioning in the beginning the prohibition of violating their honor by means of suspicion. Thus, when someone suspects another, their suspicion initially directs them to make inquiries in order to corroborate such suspicion, then Allah ta`ala says says: "…Do not spy on one another." Then when their soul tells them that they can corroborate their suspicion without spying, then Allah ta`ala says: "Do not slander one another." This order from Allah ta`ala is unambiguous it its creating an eternal barrier between Muslims ever spying on behalf of the disbeliever, informing them about the affairs of the Muslims or working for their intelligence- gathering agencies.

The Sunna:
As for the Sunna there are the words of the Messenger of Allah, may Allah bless him and grant him peace as related on the authority of Abu Hurayra that he said:
"Beware of suspicion for verily suspicion is the most lying of speech. Do not spy on one another. Do not inform on one another. Do not turn your backs on one another. Do not be angry with one another. Rather, be servants of Allah, brothers to one another."

This tradition is a profound prophetic tradition and is evidence of the comprehensive speech (jamaam` `l-kalim) of the Messenger of Allah, may Allah bless him and grant him peace. This statement combines in its meaning everything Sidna Issa, upon him be peace, said on the Sermon on the mount, where he outlined the true nature of those who follow him and the traits needed to be redeemed in the Hereafter. The above prophetic tradition not only deals with character, virtue and ethics, but it also delineates the foundation of politics (siyaasa) and uncovers the nature of the hypocrite, that individual whose existence undermines the very nature of Islam and the Muslim society.

Imam al-Khataabi said that meaning of the Prophet's statement: "Beware of suspicion... ", this does not mean to avoid acting on the derived opinions upon which the majority of the legal judgments are dependent. Rather, it means you should avoid corroborating any suspicion that may bring harm to the person that is suspect. It also includes avoiding those suspicions that occur to the heart without sound proof. This is because the start of false suspicion begins with thoughts and notions which occur to the mind which are not possible to ward off." It is for this reason relying upon these suspicions is not permissible. The Messenger of Allah, may Allah bless him and grant him peace is reported to have said:

"Allah excuses for the Umma those thoughts which occur to the their souls." Imam al-Qurtubi said: "What is meant in this prophetic tradition by `suspicion' are the determinations which have no foundation like a man being determined about the corruption of someone else in order to manifest the need to pass judgment against him. It is for this reason the concept of `suspicion' in the prophetic tradition is connected to the statement that follows it: `Do not spy on one another'. This means, for example, that a person has a notion that he is determined about. He then seeks to verify this notion by then spying, making inquiries and eavesdropping. “It is for this reason that suspicion and spying are prohibited. This is in accordance with the above mentioned words of Allah ta`ala: "Avoid most suspicion because some suspicion is a sin. Do not spy on one another and do not slander one another." Thus, the Book and the Sunna condemns outright, Muslims spying on one another on behalf of the disbelievers. However, some of the `hypocrites' claim that they are only being `good citizens' by accepting the interviews and questions of the FBI. The reality is that this is not only un-Islamic behavior, but it also goes against the very grain of the US constitution. In 1975 Congressman Don Edwards said: "Regardless of the unattractiveness or noisy militancy of some private citizens or organizations, the Constitution does not permit federal interference with their activities except through the criminal justice system, armed with its ancient safeguards. There are no exceptions. No federal agency, the CIA, the IRS, or the FBI, can be at the same time policeman, prosecutor, judge and jury. That is what constitutionally guaranteed due process is all about. It may sometimes be disorderly and unsatisfactory to some, but it is the essence of freedom ... I suggest that the philosophy supporting COINTELPRO is the subversive notion that any public official, the President or a policeman, possesses a kind of inherent power to set aside the Constitution whenever he thinks the public interest, or "national security" warrants it. That notion is postulate of tyranny."

Our Sunni scholars have clarified the meaning of the Prophet's declaration of suspicion as being: "…the most lying of speech"; this is an indication that the suspicion that is prohibited is that which has no foundation in anything which would allow it to be relied on. However, the person relies on it anyway and then makes this baseless suspicion the foundation of his opinion. Then he asserts this false suspicion authoritatively, thus this so-called absolute certainty regarding this suspicion becomes a lie. In fact, it becomes stronger than a lie because a lie originally has no foundation in truth. This is contrary to suspicion because the person who suspects another claims that his suspicion is based upon something valid. Thus, the Prophet, may Allah bless him and grant him describes the accusations resulting from suspicion as: "… the most lying of speech"; as a way of consummately declaring the evil of suspicion and ordering people to avoid it at all cost. Even, the US constitution declares this type of suspicion to be illegal. In at least one instance during COINTELPRO the FBI, at the request of the President and with the approval of the Attorney General, instituted an electronic surveillance of a foreign target for the express purpose of intercepting telephone conversations of an American citizen. An FBI memorandum states that shortly before the 1968 Presidential election, President Johnson became suspicious that the South Vietnamese were trying to sabotage his peace negotiations in the hope that Presidential candidate Nixon would win the election and then take a harder line toward North Vietnam. To determine the validity of this suspicion, the White House instructed the FBI to institute physical surveillance of Mrs. Anna Chennault, a prominent Republican, as well as electronic surveillance directed against a South Vietnamese target. The electronic surveillance was authorized by (of all people!) Attorney General Ramsey Clark on October 29, 1968, installed the same day, and continued until January 6, 1969. Thus, a "foreign" electronic surveillance was instituted to target indirectly an American citizen who could not be legitimately surveilled directly. Also as part of this investigation, President Johnson personally ordered a check of the long distance toll call records of Vice Presidential candidate Spiro Agnew. If this was the case with the disbelievers illegally intruding on one another, what do you think they are doing to Muslims in the US?!

Imam al-Khataabi said about the meaning of the Prophet's statement, upon him be blessings and peace: "Do not spy on one another"; it means do not investigate or examine the faults of people, nor pursue them." This word spying (yahisuu) takes its etymological root from the Arabic word the senses (al-haasa), like the senses of sight, hearing, tasting, and touching. Allah ta`ala uses this word on the tongue of Prophet Ya`qub, upon him be peace, when He said:

"Go and investigate regarding Joseph and his brother." That is, go and use your eyes and ears, and ask to inquire about their situation or condition. This type of investigation can only be done by means of inquiry with the eyes and ears, thus it is a scrutiny conducted with one or two of the senses. This was the opinion of Imam al-Qurtubi. Imam Ibn al-Anbari said: "This type of investigation means to listen to the words of the common people." This was also the opinion of al-Awza`I taken from Yahya ibn Abi Kathir. Imam at-Tha`labi said: "It means to search into someone else's affairs for oneself." In modern terminology, these are called informants, while on the streets, they are called `rats', while in our beloved Infallible shari`a, they are called munaafiquun. Again, referring back to COINTELPRO techniques in late 1966, FBI field offices were instructed to begin preparing semi monthly summaries of "existing racial conditions in major urban areas," relying upon "established sources," and "racial," "criminal," and security informants." These reports were to describe the "general programs'' of all "civil rights organizations" and "black-nationalist organizations' ' as well as subversive or "hate-type" groups. The information to be gathered was to include: "readily available personal background data" on "leaders and individuals in the civil rights movement" and other "leaders and individuals involved," as well as any data in Bureau files on "subversive associations" they might have; the "objectives sought by the minority community;" the community reaction to "minority demands;" and "the number, character, and intensity of the techniques used by the minority community, such as picketing or sit-in demonstrations, to enforce their demands." Thus, paid or unpaid informants are essential in Amerikkka war against the Muslims in the US. However, the shari`a does not permit it.

Imam Tha`labi said that the meaning of the Prophet's saying, upon him be blessings and peace: "Do not inform on one another"; means do not search into someone else's affairs on behalf of someone else; in other words, do not search into their affairs to inform someone else about them.. Imam al-Khataabi said: "This means to select something with the hand, which is one of the senses, which makes it more specific than spying (yahisuu)." Although Imam Ibrahim al-Harbi maintained that both spying (yahisuu) and informing (yajasuu) were the same. Some of the scholars say that informing means to investigate into the hidden aspect of affairs, but mainly to search into what is hidden of evil actions. In Islamic government it is permissible to investigate into the corruption of those who manifest their evils in society, but even this has its limits and must be regulated by the government. The government cannot have full range to spy on its citizens without any checks or restraints as it is being done in the west and in most Muslim nations today. Imam al-Maawarudi said in his al-Ahkaam as-Sultaniyya:

"It is not permissible for the judicial investigative police (muhtasib) to investigate into that which has not become manifest from forbidden things, even when suspicion confirms that the people are concealing it." Shaykh Abu Muhammad ibn Abd's-Salaam, may Allah be merciful to him said in his al-Qawa`id: "Among the major sins is guiding the disbelievers to the imperfections and faults of the Muslims, knowing that by means of their assistance the disbelievers will be able to accomplish their goals over those Muslims." This is explicit prohibition of any Muslim informing the FBI or any of its related agencies about the telephone numbers, email addresses, financial status, mailing addresses, character or any information that will allow them to harass Muslims.

The US government in order for them to stop the resurgence of Islam and to preempt what they know is the appearance of Imam al-Mahdi and his victorious armies is doing everything to hamper and undermine the Muslims in this country. Their techniques are the same as those instituted during COINTELPRO. This is because the DEVIL DOES NOT HAVE ANY NEW TRICKS! It is for this reason the FBI has been tying diligently to develop informants within our Jama`at. But also to question those who they think may be disgruntled with us. This type of information gathering is a called "Listening Posts". In the 1960's and 70s, this was employed by the government in the Black and Latino communities. Two special informant programs illustrate the breadth of the Bureau's infiltration of these communities. In 1970, the FBI used its "established informants" to determine the "background, aims and purposes, leaders and Key Activists" in every black student group in the country, "regardless of [the group's] past or present involvement in disorders." Field offices were instructed to "target informants" against these groups and to "develop such coverage" where informants were not already available." In response to Attorney General Clark's instructions regarding civil disorders intelligence in 1967, the Bureau launched a "ghetto informant program" which lasted until 1973. The number of ghetto informants expanded rapidly: 4,067 in 1969 and 7,402 by 1972. The original concept was to establish a "listening post" by recruiting a person "who lives or works in a ghetto area" to provide information regarding the "racial situation" and "racial activities." Such information could include "the proprietor of a candy store or barber shop." As the program developed, however, ghetto informants were: utilized to attend public meetings held by extremists, to identify extremists passing through or locating in the ghetto area, to identify purveyors of extremist literature as well as given specific assignments where appropriate. Material to be furnished by ghetto informants included names of "Afro-American type book stores" and their "owners, operators and clientele. These same techniques are being developed and utilized by `Muslim listening post' against other Muslims. Sometimes, disgruntled ex-wives, ex-husbands or ex-members of the Jama`at are being used in the same fashion. Sometimes the immigrant mudajjin, in their sickly desire to show that they or patriotic are being used in the same manner.
The Messenger of Allah, may Allah bless him and grant him peace is reported to have said:
"Do not pursue the faults of the Muslims. For whoever pursues their faults, Allah will pursue his faults until He exposes him, even in the recesses of his home."...... ....