Q&A (Fatwa)

#5 ON THE SUSPICIONS OF INVESTIGATORS

“With respect to Adl in thought, we are warned not to either suspect or spy on people. What can we say about the duties of police or lawyers. Jazaakallahu khairan.”

ANSWER

Alhamdulillaah!

It is important to note that there is nothing in Islam to make policing in itself haraam if the essence is to keep people abiding by the Law of Allah – ta’aala.

There is also nothing wrong in having experts in law who can give sound advices to people on how to go about their legal pursuits. In the golden days of Islam, this was part of the role of the Ulamaa. Islam is completely against what we find today of people using the law as a means of defending wrong and fighting what is right.

But it should be noted that not all suspicions is forbidden.

Imaam Al-Qurtubi – rahimahullaahu – said in his tafsir of the verse:

ﻳَﺎ ﺃَﻳُّﻬَﺎ ﺍﻟَّﺬِﻳﻦَ ﺁﻣَﻨُﻮﺍ ﺍﺟْﺘَﻨِﺒُﻮﺍ ﻛَﺜِﻴﺮًﺍ ﻣِّﻦَ ﺍﻟﻈَّﻦِّ ﺇِﻥَّ ﺑَﻌْﺾَ ﺍﻟﻈَّﻦِّ ﺇِﺛْﻢٌ } ﺍﻟﺤﺠﺮﺍﺕ {12

“O you who believe! Avoid much of the suspicions for most of suspicions are sins.”

He said:

“The criterion to use in differentiating the suspicion that must be avoided from the other is that anyone that is not known with solid pointers and clear reasons (to be suspected), it becomes haraam (to suspect evil of him) and must be avoided. That applies only if the one who is under suspicion is of those who are known to be upright, of piety and are accustomed of as been fateful in keeping the trust apparently. Thus, to suspect them of corruption and treachery is haraam.
This is as opposed to the one who is commonly known by people to be full of dubious and openly treacherous.”

Al-Haafidh Ibn Hajar Al-‘Asqalaani – rahimahullaah – said in ‘Al-Fat’h’:

“Al-Qurtubi said: what is meant here is an accusation that has no solid cause such as accusing a man of faahishah without there being any apparent causes to warrant that.”

There is nothing wrong is having a precautionary suspicion against someone who is tricky or known to be dubious in his dealing if that will keep you and others safe from the evils and plots of such a person.

Allaahu A’alam
Baarakallaahu feekum
Jazaakumullaahu khayran

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