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Snowflake
10-05-2006, 10:47 AM
:sl:

Is it OK (islamically) to become a private eye, or even hire one? Say you wanna catch cheating spouses or even check out potential spouses? It is morally wrong to spy on people, even if it's for a good cause?

Please give evidence if you say it's wrong.



:w:
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- Qatada -
10-05-2006, 10:51 AM
:wasalamex


Prohibition against spying on others
http://www.islam-qa.com/index.php?re...ln=eng&txt=spy


:salamext:
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nishom
10-05-2006, 11:04 AM
Concealing the Faults and Weaknesses of Others

abridged from "Freedom of Expression in Islam" by Kamali

Avoiding harm to others and concealing the weakness of one's fellow human beings is a prominent theme of the moral teachings of the Quran and the Sunnah. The message here is conveyed in a variety of forms, context and ideas, all of which are indicative of Islam's emphasis on the honour and dignity of the individual, and of his or her right to privacy safe from the encroachment of others.

Thus according to a hadith:

"If a person conceals the weakness of another in this world, Allah will conceal their weakness in the hereafter" [Al Nawawi, Riyad al Salihin p 135, Hadith no 245; al Ghazali, Kitab Adab p 344]

A variant version of the same message is reported in another hadith, which states:

"Whoever protects the honour of his brother, will have Allah protect his countenance from the fire on the Day of Judgement" [Al Nawawi, Riyad al Salihin p 488, Hadith no 1530]

In yet another hadith we read:

"Do not harm Muslims, and do not revile them, nor pursue their imperfections. For verily, whosoever pursues the imperfections of his brother shall have his own imperfections pursued by Allah" [Sunan of al Tirmidhi, as quoted in Principles of State and Government in Islam, p 85]

Concealing the faults of, and respecting the privacy of others is again the theme of the following hadith:

"The Muslim who helps another when the latter's honour and dignity are under attack, shall be helped by Allah, Glorious and Sublime is He! - at a time when he would wish for Allah's help. But he who forsakes a Muslim whose dignity is under attack, shall have Allah forsake him at a time when he would wish for Allah's help" [Al Ghazali, Ihyaa Ulum al Din; Kitab Adab al Suhbah p 369]

It was reported that one night when Caliph Umar was patrolling Medina, he saw a man and a woman committing adultery. The following day the caliph informed other Companions and asked them whether he should enforce the prescribed penalty (hadd) for zina (fornication) on the basis of his own observations. To this Ali replied that the law of Allah stated clearly that four witnesses were required to prove zina, and that this provision was to be applied equally to the caliph. Other companions are also reported to have concurred with Ali's opinion.

While quoting this report, al Ghazali observes that this is strong evidence that the shariah demands the concealment of sins (satr al fawahish); it also discourages spying on or reporting the private affairs of others. [Kitab al Adab p 345-6]

It is noted that concealment (satr) is recommended only with regard to persons who are not generally known to engage in corrupt and harmful activities. As for those who are notorious, it is recommended that their evil is not concealed and that the matter is reported to the authorities.

Exposing the faults of others by casting aspersions, or spying on them, is particularly reprehensible. Thus according to a hadith, people are warned:

"Beware of suspicion. For suspicion is the most untrue form of speech; and do not spy upon one another and do not revile one another." [Sahih Muslim, Kitab al birr wal silah, Bab al nahy an al tajasus]

Imam Ahmad bin Hanbal was once asked about the correct meaning of the following hadith:

"When you hear something form or about your brother, ascribe to it the best interpretation until you can no longer do so"

To this, he replied:

"Find an excuse for him by saying, 'Maybe he said this, or maybe he meant such and such'"

It is further reported in another hadith:

"Whoever is offered an apology from a fellow Muslim should accept it unless he knows that the person apologising is being dishonest" [Mishkat al Tabrizi, Vol III Hadith no 5052]

Commenting on these hadiths, Tuffah has rightly observed that, despite the occurrence of the word brother (akh) therein, they are of general import, and their scope is not confined to Muslims, the reason being that in Islam justice and benevolence (adl wa ihsan) are not confined to Muslims alone. The question of the way people treat fellow citizens in society, their brothers and sisters in humanity, is closely linked with the Quranic concepts of adl and ihsan, and these do not admit if any restriction that would compromise their objective application. [Tuffah, Masadir pp 89-90]

This indeed is the main point of the following Quranic text:

"And let not the hatred of a people harm you into being unjust. Be just, for it is closet to piety (taqwa)" [Surah 5: verse 8]

Furthermore, Hasan, the son of Ali is reported to have said:

"If a man abuses me in one ear and then apologises to me in the other, I shall accept his apology" [Al Maqdisi, al Adab, I p 341]

Thus it is evident that silence takes priority over speech when it comes to exposing the faults and weaknesses of others.

'One should not talk about the defects of others even if one is asked about them. One must try to avoid prying and asking personal questions about the private lives of others" [Al Ghazali, Kitab Adab pp 242-43]

For tolerance and forgiveness are necessary in order to encourage an atmosphere of fraternity in the community.
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Snowflake
10-15-2006, 01:25 PM
Thank you for your response Brs Fi & Nishom..

You should note that nameemah is a major sin. Nameemah means telling some people what others have said about them in order to cause trouble among them. This is the most common definition of nameemah. Ibn Hajar al-Haythami narrated it in his book al-Zawaajir ‘an Iqtiraaf al-Kabaa’ir, then he said: “It says in al-Ihya’: it is not limited to that, rather it refers to disclosure of anything that may hurt or offend somebody if it is disclosed,
The definition of nameemah is uncovering secrets and disclosing that which it is not appropriate to disclose.
But wouldn't it be appropriate for a wife/husband to know if they have suspicions about their spouse... for instance if they think they are cheating or a husband is visiting prostitutes.. surely it can harmful for them e.g. catching a STD?

It wouldn't be the same on spying on someone to cause them harm but to protect oneself?
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- Qatada -
10-15-2006, 02:01 PM
:salamext:


This is something from Ibn Kathir's tafsir:


Surah Hujuraat [49]


(12. O you who believe! Avoid much suspicion; indeed some suspicion is sin. And spy not, neither backbite one another. Would one of you like to eat the flesh of his dead brother You would hate it. And have Taqwa of Allah. Verily, Allah is the One Who forgives and accepts repentance, Most Merciful.)




The Prohibition of Unfounded Suspicion

Allah the Exalted forbids His faithful servants from being suspicious, which includes having doubts and suspicions about the conduct of one's family, relatives and other people in general. Therefore, Muslims are to avoid suspicion without foundation. The Leader of the faithful `Umar bin Al-Khattab said, "Never think ill of the word that comes out of your believing brother's mouth, as long as you can find a good excuse for it.'' Malik recorded that Abu Hurayrah, may Allah be pleased with him, said that Allah's Messenger said,



«إِيَّاكُمْ وَالظَّنَّ فَإِنَّ الظَّنَّ أَكْذَبُ الْحَدِيثِ، وَلَا تَجَسَّسُوا وَلَا تَحَسَّسُوا، وَلَا تَنَافَسُوا وَلَا تَحَاسَدُوا، وَلَا تَبَاغَضُوا وَلَا تَدَابَرُوا، وَكُونُوا عِبَادَ اللهِ إِخْوَانًا»





(Beware of suspicion, for suspicion is the worst of false tales; do not spy on one another; do not look for other's faults; do not be jealous of one another; do not envy one another; do not hate one another; and do not desert (shun) one another. And O Allah's servants! Be brothers!) The Two Sahihs and Abu Dawud recorded this Hadith. Anas said that the Messenger of Allah said,


«لَا تَقَاطَعُوا وَلَا تَدَابَرُوا وَلَا تَبَاغَضُوا وَلَا تَحَاسَدُوا، وَكُونُوا عِبَادَ اللهِ إِخْوَانًا، وَلَا يَحِلُّ لِمُسْلِمٍ أَنْ يَهْجُرَ أَخَاهُ فَوْقَ ثَلَاثَةِ أَيَّام»



(Do not shun each other; do not ignore one another; do not hate one another, and do not envy one another, and be brothers, O servants of Allah. No Muslim is allowed to shun his brother for more than three days.) Muslim and At-Tirmidhi collected this Hadith, who considered it Sahih. Allah said,


[وَلاَ تَجَسَّسُواْ]


(And spy not), on each other. Tajassus, usually harbors ill intentions, and the spy is called a Jasus. As for Tahassus (inquiring) it is usually done for a good reason. Allah the Exalted and Most Honored said that Prophet Ya`qub said,


[يبَنِىَّ اذْهَبُواْ فَتَحَسَّسُواْ مِن يُوسُفَ وَأَخِيهِ وَلاَ تَايْـَسُواْ مِن رَّوْحِ اللَّهِ]


("O my sons! Go you and inquire (Tahassasu) about Yusuf and his brother, and never give up hope of Allah's mercy.'') (12:87) Both of these terms, `Tajassus' and `Tahassus' could have evil connotations. In the Sahih it is recorded that the Messenger of Allah said,


«لَا تَجَسَّسُوا وَلَا تَحَسَّسُوا، وَلَا تَبَاغَضُوا وَلَا تَدَابَرُوا، وَكُونُوا عِبَادَ اللهِ إِخْوَانًا»



(Neither commit Tajassus nor Tahassus nor hate each other nor commit Tadabur. And be brothers, O servants of Allah.) Al-Awza`i said, "Tajassus means, to search for something, while Tahassus means, listening to people when they are talking without their permission, or eavesdropping at their doors. Tadabur refers to shunning each other. '' Ibn Abi Hatim recorded this statement. Allah the Exalted said about backbiting;

[وَلاَ يَغْتَب بَّعْضُكُم بَعْضاً]


(neither backbite one another), thus prohibiting it, which was explained in a Hadith collected by Abu Dawud that Abu Hurayrah said, "It was asked, `O Allah's Messenger! What is backbiting' He said,


«ذِكْرُكَ أَخَاكَ بِمَا يَكْرَه»



(Mentioning about your brother in a manner that he dislikes.) He was asked, `What if my brother was as I mentioned' He said,

«إِنْ كَانَ فِيهِ مَا تَقُولُ فَقَدِ اغْتَبْتَهُ، وَإِنْ لَمْ يَكُنْ فِيهِ مَا تَقُولُ فَقَدْ بَهَتَّه»

(If he was as you mentioned, you will have committed backbiting. But if he was not as you say about him, you will have falsely accused him.)'' At-Tirmidhi collected this Hadith and said "Hasan Sahih.'' Backbiting was sternly warned against, and this is why Allah the Exalted and Most Blessed compared it to eating the flesh of a dead human being,








[أَيُحِبُّ أَحَدُكُمْ أَن يَأْكُلَ لَحْمَ أَخِيهِ مَيْتاً فَكَرِهْتُمُوهُ]


(Would one of you like to eat the flesh of his dead brother You would hate it.) Just as you hate eating the flesh of a dead person, on account of your nature; so hate backbiting, on account of your religion. The latter carries a punishment that is worse than the former. This Ayah seeks to discourage people from backbiting and warns against it. The Prophet used these words to discourage taking back a gift that one gives to someone,

«كَالْكَلْبِ يَقِيءُ ثُمَّ يَرْجِعُ فِي قَيْئِه»


(He is just like the dog that eats its vomit.) after saying,

«لَيْسَ لَنَا مَثَلُ السَّوْء»


(Ours is not an evil parable.) Using various chains of narration, the Sahihs and Musnads record that the Prophet said during the Farewell Hajj:


«إِنَّ دِمَاءَكُمْ وَأَمْوَالَكُمْ وَأَعْرَاضَكُمْ عَلَيْكُمْ حَرَامٌ كَحُرْمَةِ يَوْمِكُمْ هذَا، فِي شَهْرِكُمْ هذَا، فِي بَلَدِكُمْ هذَا»


(Verily, your blood, wealth and honor are as sacred among you as the sanctity of this day of yours, in this month of yours, in this town of yours.) Abu Dawud recorded that Abu Hurayrah said that the Messenger of Allah said,


«كُلُّ الْمُسْلِمِ عَلَى الْمُسْلِمِ حَرَامٌ مَالُهُ وَعِرْضُهُ وَدَمُهُ، حَسْبُ امْرِىءٍ مِنَ الشَّرِّ أَنْ يَحْقِرَ أَخَاهُ الْمُسْلِم»

(All of the Muslim is sacred to the Muslim, his wealth, honor and his blood. It is evil enough for someone to belittle his Muslim brother.) At-Tirmidhi collected this Hadith and said "Hasan Gharib.'' Al-Hafiz Abu Ya`la recorded that a cousin of Abu Hurayrah said, "Ma`iz came to the Messenger of Allah and said, `O Allah's Messenger! I have committed adultery,' and the Messenger turned away from him until Ma`iz repeated his statement four times.


The fifth time, the Prophet asked him,

«زَنَيْتَ؟»

(Have you committed adultery؟) Ma0 iz said, Yes. The Prophet asked,

«وَتَدْرِي مَا الزِّنَا؟»



(Do you know what adultery means) Ma`iz said, `Yes. I have illegally done with her what a husband legally does with his wife.' The Prophet said,

«مَا تُرِيدُ إِلَى هذَا الْقَوْلِ؟»


(What do you seek to accomplish by this statement) Ma`iz said, `I intend that you purify me.'






The Prophet asked,

«أَدْخَلْتَ ذلِكَ مِنْكَ فِي ذلِكَ مِنْهَا كَمَا يَغِيبُ الْمِيلُ فِي الْمُكْحُلَةِ وَالرِّشَا فِي الْبِئْرِ؟»


(Have you gone into her just as the stick goes into the kohl container and the rope goes into the well) Ma`iz said, `Yes, O Allah's Messenger!' The Prophet commanded that Ma`iz be stoned to death and his order was carried out. The Prophet heard two men saying to one another, `Have you not seen the man who had Allah cover his secret, but his heart could not let him rest until he was stoned to death, just as the dog is stoned' The Prophet continued on and when he passed by the corpse of a donkey, he asked,


«أَيْنَ فُلَانٌ وَفُلَانٌ؟ انْزِلَا فَكُلَا مِنْ جِيفَةِ هذَا الْحِمَار»


(Where are so-and-so Dismount and eat from this donkey.) They said, `May Allah forgive you, O Allah's Messenger! Would anyone eat this meat'






The Prophet said;

«فَمَا نِلْتُمَا مِنْ أَخِيكُمَا آنِفًا أَشَدُّ أَكْلًا مِنْهُ، وَالَّذِي نَفْسِي بِيَدِهِ إِنَّهُ الْانَ لَفِي أَنْهَارِ الْجَنَّةِ يَنْغَمِسُ فِيهَا»

(The backbiting you committed against your brother is worse as a meal than this meal. By He in Whose Hand is my soul! He is now swimming in the rivers of Paradise.)'' This Hadith has an authentic chain of narration. Imam Ahmad recorded that Jabir bin `Abdullah said, "We were with the Messenger of Allah when a rotten odor was carried by the wind. The Messenger of Allah said,






«أَتَدْرُونَ مَا هذِهِ الرِّيحُ؟ هَذِهِ رِيحُ الَّذِينَ يَغْتَابُونَ النَّاس»

(Do you know what this odor is It is the odor of those who backbite people.)''



Accepted Repentance from Backbiting and Slander
Allah the Exalted and Most Honored said,



[وَاتَّقُواْ اللَّهَ]


(And have Taqwa of Allah), that is, regarding what He has commanded you and forbidden for you. Fear Him and beware of Him,




[إِنَّ اللَّهَ تَوَّابٌ رَّحِيمٌ]


(Verily, Allah is the One Who forgives and accepts repentance, Most Merciful.) He forgives those who repent to Him, is merciful with those who go back to Him and trust in Him. The majority of scholars have stated that repentance for committing the sin of backbiting is that one refrains from backbiting intending not to repeat it again. There is a difference of opinion if whether feeling remorse is required in this case, and also if one should apologize to those who he has backbitten. Some scholars stated that it is not necessary for one to ask those whom he has backbitten to forgive him, because if they knew what was said about them, they could be hurt more than if they were not told about it. It is better, they said, that one should praise those whom he has backbitten in audiences in which he has committed the act. It is also better if one defends the injured party against any further backbiting, as much as one can, as recompense for his earlier backbiting.
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Snowflake
10-15-2006, 02:42 PM
JazakAllah bro, but I'm still a bit confused on how to define backbiting from inquiring or uncovering something hidden. (Even though inquiring is allowed).

let me explain what I mean exactly inshaAllah...

Example: a spouse finds out after inquiring, that their spouse cheated on them and they decide on divorce. They will have to tell their family/friends the reason for taking this step. Basically they will say so & so cheated on me.. had a haram relationship(s) and therefore uncover a secret. If they don't their family may blame them for the divorce and even disown them.

So would uncovering that 'secret' amount to backbiting etc etc... Ahhhh I find this so confusing lol?

Also it needn't be about cheating etc... it could apply to any situation.

example: a husband wants to leave his wife but he won't tell his mother her faults. The mother blames the son and threatens to disown him. But third person tells the mother the truth about what's going on so she can decide fairly on the matter. Are the third persons actions equivalent to backbiting?

I can't define where to draw the line when it comes to backbiting. I'd find it helpful if replies can include scenarios to help me understand better.

thanks again :)
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- Qatada -
10-16-2006, 02:14 PM
:salamext:


I really don't know much about this, but realise that accusing someone of adultery is something really dangerous.


According to Islamic sharee’ah, zinaa can only be proven by clear evidence, namely the testimony of four trustworthy and sound witnesses who saw it actually happen, or by confession of guilt, or by the woman becoming pregnant. It cannot be proven by DNA testing or by use of cameras and videos in place of the things mentioned above. And Allaah knows best.
http://www.islamqa.com/index.php?ref...ur%20witnesses



So having this kind of job can be really dangerous, and Allaahu a'lam - if the person doesn't have the right amount of witnesses, they may be sinful.


Why place yourself in a dangerous situation when we know the consequences can be severe.


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Snowflake
10-17-2006, 12:11 PM
Oh no bro. I am not going to make a career out of spying on people :giggling:

It did cross my mind once upon a time though lol.

It cannot be proven by DNA testing or by use of cameras and videos in place of the things mentioned above. And Allaah knows best.
:confused:

But if four witnesses saw a tape then can they testify?

Sorry if I'm being annoying :(
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- Qatada -
10-17-2006, 04:43 PM
:salamext:


It's a broad issue.. and I really don't know. i think it's better to ask a scholar insha'Allaah.
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akulion
10-17-2006, 04:47 PM
you may not spy on others as a Private eye

but u sure can wear sunglasses and make your eyes private :D lol
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Snowflake
10-17-2006, 11:06 PM
^;D very funny!

I will ask a scholar like Fi bro said, but I've got a horrible feeling I'm gonna do his head in :giggling:
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