Espionage in public international relations and Islamic law /
When most Muslims hear the word 'espionage', they always conclude it is evil. Indeed it is evil on one side and good on the other. In this paper, espionage in the Islamic context is divided into illegal espionage (known to the majority of Muslims) and legal espionage which the majority kno...
Saved in:
| Main Author: | |
|---|---|
| Format: | Thesis |
| Language: | English |
| Published: |
Kuala Lumpur :
Kulliyyah of Islamic Revealed Knowledge and Human Sciences,International Islamic University Malaysia
2011
|
| Subjects: | |
| Online Access: | Click here to view 1st 24 pages of the thesis. Members can view fulltext at the specified PCs in the library. |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| Summary: | When most Muslims hear the word 'espionage', they always conclude it is evil. Indeed it is evil on one side and good on the other. In this paper, espionage in the Islamic context is divided into illegal espionage (known to the majority of Muslims) and legal espionage which the majority knows nothing about. The latter type of espionage is also classified into two: authorized espionage and volunteered espionage. The guidelines of espionage ranging from a comprehensive definition of a spy, what motivates a spy, and the disparity between a Muslim spy and a non-Muslim spy, as well as a female spy in both contexts and their distinctive qualities are discussed. Both Islamic Law and international law are compared to showcase how each treats espionage. The former in its context regulates the punishment of espionage while the latter is incapacitates it. Also, the former could be introduced as it has legal rules that regulate the intercourse between states based on its flawless divine foundation, the capacity which enables it to solve problems that the latter found difficult to tackle. In international relations (in the Islamic context), on the punishment for espionage, Muslim jurists argue with varying opinions on the punishment of spies who spy against the Islamic State. The outcome of their arguments is that the accused spy would not be left unpunished unlike under international law which, rather than punish, protects some spies (in wartime) and left others unprotected (in peacetime); it simply relinquishes the punishments of spies to the consumption of domestic law. In conclusion, espionage is an enigmatic phenomenon because if it is in favour of a state, it is good but if it is against her, it is bad. Apart from this enigma, it is a very important instrument every state needs to use in times of war to secure victory over their adversaries. |
|---|---|
| Item Description: | Abstracts in English and Arabic. "A dissertation submitted in fulfilment of the requirement for the degree of Master in Islamic Revealed Knowledge and Heritage (Fiqh and Usul al-Fiqh)." --On t.p. |
| Physical Description: | xi, 142 leaves : ill. ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 138-142). |