‘Liberty’ afforded by the Shari’ah?

picture of an eye with green circles around and some ones and zeros on the right

Executive Summary

 

Associating the word Liberty with that of the ‘Sharī’ah’ doesn’t always readily spring to mind.   On the contrary, the very notion that the Sharī’ah could in any way be associated with a conception or idea of liberty appears to be totally absent from contemporary discourse.  Too often the very idea of the Sharī’ah that is conjured in people’s minds relates solely to punishments.

Islam being a complete Deen provides clear boundaries and regulations not only in relation to the conduct of the individual in society, but also that of the political authorities as well.  Given the extensive security apparatus of the modern state, regardless of ideological persuasion, a legitimate question must be raised as to what the Islamic view on spying, mass surveillance and the like is.

This short treatise therefore presents a scriptural analysis of the texts of the Qur’ān and the Prophetic Sunnah concerning the prohibition of spying.   From this body of evidence and contrary to popular misconceptions, a set clear principles can be discerned which show that the Islamic scriptural sources do not advocate the idea that the political apparatus of the state requires or mandates the creation and maintenance of vast intelligence agencies to spy on its citizens.

‘Liberty’-afforded-by-the-Shari’ah.pdf (13 downloads)

1 Comment


  1. It’s beyond any doubt that the Islamic texts prohibit spying and mass survillance, and grant privacy rights for individuals and groups more than any other man-made constitutions.
    Legislators and lawmakers now need to take a step forward to codify these Islamic texts into a contemporary sophisticated referable system in a legal langauge that can deal with the complex challenges and threats, especially related to internal security, facing today’s sovereign states.
    They should:
    – Draw the line between suspicions and evidence.
    – Come up with rules for conducting searches and seizures and methods for interrogations, that won’t undermine the privacy rights of people.
    – Restrict the Element of Surprise in police operations.
    – Permit the formation of a temporary intelligence service only under justifiable and crucial investigation circumstances, by a jurisdictional approval, and only when there are circumstantial evidences convicting suspects.
    – Outlaw all sort of collection and processing personal data of citizens.

    Reply

Leave a Reply

Your email address will not be published. Required fields are marked *