An analytical study of the legal status and scope of intelligence in times of peace
Abstract
This comprehensive research paper examines the Islamic legal perspective on intelligence activities during peacetime, analyzing their permissibility, limitations, and ethical boundaries within the framework of Shariah. The study delves into primary Islamic sources - the Quran, Sunnah, and classical juristic opinions - to establish a robust foundation for understanding the role of intelligence in an Islamic state.
The research begins by defining intelligence (Istikhbarat) linguistically and terminologically, then proceeds to analyze Quranic verses and Prophetic traditions that directly or indirectly address information gathering, espionage, and state security. Key evidence includes the Quranic verse on preparation against enemies (8:60) and the prohibition of spying (49:12), along with relevant Hadiths concerning war strategies and verification of information.
The paper extensively discusses the application of Islamic legal maxims such as "Necessities permit prohibitions" and "Preventing harm takes precedence over acquiring benefits" in the context of modern intelligence operations. It differentiates between permissible intelligence activities against external threats and prohibited surveillance of Muslim citizens without legitimate cause.
Notably, the study establishes specific Shariah parameters for intelligence operations, including: the requirement of legitimate state authorization, exclusion of private civilian affairs, necessity of credible information verification, and adherence to ethical standards even when dealing with enemies.
The research concludes that while intelligence activities are fundamentally permissible and necessary for state security in Islam, they remain subject to strict Shariah regulations that prioritize justice, privacy rights, and ethical conduct. The paper provides contemporary applications of these principles to modern intelligence methodologies, offering guidance for Muslim-majority states in establishing Shariah-compliant intelligence frameworks.
Keywords: Islamic Intelligence, Istikhbarat, Shariah Compliance, Peacetime Security, Islamic Jurisprudence, State Security, Ethical Espionage, Muslim Governance.
