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THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS

THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS. Wm Gawthrop william.gawthrop@us.army.mil The views expressed in this presentation are those of the author and do not necessarily reflect the views of any entity

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THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS

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  1. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS Wm Gawthrop william.gawthrop@us.army.mil The views expressed in this presentation are those of the author and do not necessarily reflect the views of any entity of the United States Government or American Military University. This briefing may (may) be further disseminated.

  2. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS Purpose To identify elements within Islamic Law that impact Intelligence and Law Enforcement

  3. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS Background • 9/11 Attacks on World Trade Center and Pentagon • Multiple law enforcement and intelligence investigations initiated • Evidence accumulated that Subjects, victims, witnesses, translators and investigators were struggling with the competing demands of the sharia and the protocols of a criminal investigation.

  4. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS Background • At the strategic level, there are seven (7) Civilizations • Sinic (China, Asia) • Judaic • Western (Europe, England, US, Canada, Australia) • Orthodox (Russia) • African (Emerging) • Latin American (Emerging) • Islamic

  5. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS Background • Civilization • States • GERMANY • ENGLAND • FRANCE • USA • ITALY • CANADA

  6. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS Background • Civilization • States • GERMANY • ENGLAND • FRANCE • USA • ITALY • CANADA

  7. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS Background • 2 Civilizations B A

  8. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS Background • 2 Civilizations B A

  9. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS Background • 2 Civilizations B A

  10. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS Background • 7 Civilizations • Sinic (China, Asia) • Judaic • Western (Europe, England, US, Canada, Australia) • Orthodox (Russia) • African (Emerging) • Latin American (Emerging) • Islamic

  11. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS Islam Strategic Themes: Islamic Law (Example of Mohammad, Koran, Haddiths) Pillars, Disassociation, Jihad, World View, Just War Traditions Lone Wolf Motivation STRATEGIC Level No Response Capability Hostile or Facilitating Islamic Nations Autonomous, Self Actualizing Individuals OPERATIONAL U.S. Military focus Hostile Islamic Groups Facilitating Islamic Charities & NGOs Insurgency Environment (Iraq, Bosnia, Sudan, Indonesia, The Netherlands, England, France, Philippines, United States, etc) Techniques: Al-Taqqyia, Kitman, Khod'eh, Tanfih, Zakat, Jihad, Iconoclasm, Immigration, Enclaves, Disassociation, Muzzling, Co-option, Law Suits. TACTICAL Law Enforcement and U.S. Military Focus

  12. IDEOLOGY: ISLAM Doctrinal Texts: Quran, Hadiths Pillar Prayer Jihad Pillar Zakat Pillar Fasting Pillar Pilgrimage Pillar Testament of Faith No U.S. Government Analysis And no Ideological or Legal Response Capability Disbursement Categories Jihad Of the Pen Jihad Of Wealth Jihad Of the Tongue 1 2 3 4 5 6 7 8 Jihad Of the Sword Incitement 1st Amendment Protection Funding Sunni Shia ZAKAT Disbursement Categories The Poor 1 Schools of Law Those Short of Money 2 ZAKAT Workers Hanafi Hanbali Shafii Maliki 3 Those whose hearts are to be reconciled 4 Commentators Early to Modern Those purchasing their Freedom 5 Those in Debt 6 • Responsible Agencies • State Department • Military • Law Enforcement Regional and Local Interpretation and Application (Attacks) Those fighting for Allah 7 Travelers Needing Money 8

  13. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • The Sharia • intertwined with the early history of Islam • Meccan Period • Medina Period

  14. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • The Sharia • Meccan Period • Believers threatened, assaulted • Developed defensive social doctrines • These doctrines gained scholarly acceptance and became precedence codified in Islamic law

  15. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • The Sharia • Meccan Period • Mohammad prescribed • moral and ethical mandates • discouraged confrontation and • advocated polite disassociation to reduce adversarial confrontations

  16. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • The Sharia • Medina Period • After the Hirja or flight to Medina • Muhammad gave practical guidance for the resolution of conflicts by encouraging Muslims to carefully gauge contact with Non Muslims to protect against hostile and subversive forces

  17. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • The Sharia • Medina Period • Applicable Suras include 3:28 9:29 4:139 60:1 4:144 60:2 5: 57 60:3 9:23 60:13

  18. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Sura 3:28 • (Medina Period) Let not the believers take disbelievers as Auliya (protectors or helpers or friends) instead of the believers, and whoever does that will never be helped by Allah in anyway, except if you fear a danger from them. And Allah warns you against Himself (His punishment), and to Allah is the final return.

  19. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Sura 4:139 • (Medina Period) Those who take disbelievers for Auliya (protectors or helpers or friends) instead of believers, do they seek honour, power and glory with them? Verily, then to Allah belongs all honour, power and glory.

  20. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Sura 4:144 • 144 (Medina Period) O you who believe! Take not as Auliya (protectors or helpers or friends) disbelievers instead of believers. Do you wish to offer Allah a manifest proof against yourselves?

  21. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Sura 5:57 • (Medina Period) O you who believe! Take not as Auliya (protectors and helpers) those who take your religion as a mockery and fun from among those who received the Scripture (Jews and Christians) before you, and nor from among the disbelievers; and fear Allah if you indeed are true believers.

  22. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Sura 9:23 • (Medina Period) O you who believe! • Take not as Auliya (supporters and helpers) your fathers and your brothers if they prefer disbelief to Belief. • And whoever of yours does so, then he is one of the Zalimun (Wrongdoers)

  23. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Sura 9:29 • (Medina Period) Fight against those who • believe not in Allah, • nor in the Last Day, • nor forbid that which has been forbidden by Allah and His Messenger (Muhammad) • and those who acknowledge not the religion of truth (Islam) among the people of the Scripture (Jews and Christians) • until they pay the Jizyah with willing submission, and, • feel themselves subdued.

  24. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Sura 60:1 • (Medina Period) O you who believe! Take not My enemies and your enemies (i.e. disbelievers and polytheists) as friends showing affection towards them, while they have disbelieved in what has come to you of the truth (i.e. Islamic Monotheism, the Qu’ran, and Muhammad), and have driven out the Messenger (Muhammad) and yourselves (from your homeland) because you believe in Allah your Lord! If you have come forth to strive in My Cause and to seek My Good Pleasure, (then take not these disbelievers and polytheists, as your friends). You show friendship to them in secret, while I am All-Aware of what you conceal and what you reveal. And whosoever of you (Muslims) does that, then he has gone (far) astray from the Straight Path

  25. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Sura 60:2 • (Medina Period) Should they gain the upper hand over you, • they would behave to you as enemies, • and stretch forth their hands and their tongues against you with evil, • and they desire that you should disbelieve.

  26. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Sura 60:13 • (Medina Period) O you who believe! Take not as friends the people who incurred the Wrath of Allah. Surely, they have despaired of (receiving any good in) the Hereafter, just as the disbelievers have despaired of those (buried) in graves (that they will not be resurrected on the Day of Resurrection)

  27. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • The central themes with secular law enforcement implications are: • do not take disbelievers as protectors, helpers or friends (Sura 3:28) (4:144) (5:57) (60-1) (60:3) (60:13) • those who do take disbelievers as protectors, helpers or friends are untrustworthy (4:139) • avoid family members who take disbelievers as protectors, helpers or friends (9:23) • fight disbelievers (9:29) • If disbelievers gain the upper hand over you they will behave as enemies and stretch forth their hands and tongues against you with evil to induce disbelief. (60:2)

  28. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Mohammad: • sought to foster forbearance and tolerance among the faithful • mandated the reduction or elimination of undue social inquisitiveness about private matters. • gave clear guidance on issues of propriety, appropriate and inappropriate social inquiry, preservation of confidences and secrets, prohibitions on slander, and the exigencies of dissimulation

  29. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • These prescriptions can be found in • the Koran, • traditional accounts of Mohammad’s life (the Sira), • the example of Mohammad (the Sunna) and • the traditions associated with his sayings (the Haddiths). • The Koran, the Sunna, and the Haddiths are foundational to Islamic Law.

  30. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Islamic Law (the sharia). • Four major Sunni Schools • Hanafi • Hanbali • Maliki • Shafi

  31. IDEOLOGY: ISLAM Doctrinal Texts: Quran, Hadiths Pillar Prayer Jihad Pillar Zakat Pillar Fasting Pillar Pilgrimage Pillar Testament of Faith No U.S. Government Analysis and no Ideological or Legal Response Capability Disbursement Categories Jihad Of the Pen Jihad Of Wealth Jihad Of the Tongue 1 2 3 4 5 6 7 8 Jihad Of the Sword Incitement 1st Amendment Protection Funding Sunni Shia ZAKAT Disbursement Categories The Poor 1 Schools of Law Those Short of Money 2 ZAKAT Workers Hanafi Hanbali Shafii Maliki 3 Those whose hearts are to be reconciled 4 Commentators Early to Modern Those purchasing their Freedom 5 Those in Debt 6 • Responsible Agencies • State Department • Military • Law Enforcement Regional and Local Interpretation and Application (Attacks) Those fighting for Allah 7 Travelers Needing Money 8

  32. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Islamic Law (the sharia). • Codified in fiqh manuals • Identify behaviors • obligatory (wajib) • recommended (mandub) • permissible (mubah) • prohibited (haram) • repugnant (makrub)

  33. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Islamic Law (the sharia). • Codified in fiqh manuals • Riyad-us-Saliheen, • The Distinguished Jurists Primer • The Book of Revenue • Al-Masqasid: Nawawi’s Manual of Islam • Umdat al salik (Reliance of the Traveller)

  34. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Reliance of the Traveller

  35. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Reliance of the Traveller • Al Azhar University:founded in Cairo, Egypt, in 971 AD, is the world’s oldest university and Islam’s center of excellence. • On 11 February 1991, the General Director of Research, Writing and Translation of Al Azhar University, fath Allah Ya Sin Jazar, certified: “that the above mentioned (English) translation (of the book Umdat al-salik wa ‘uddat al nasik by Amhad ibn Naqi) corresponds to the Arabic original and conforms to the practice and faith of the orthodox Sunni Community (Ahl al-Sunna wa al-Jama’a).”

  36. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Reliance of the Traveller • 18 December 1990, Dr Taha Jabir al-Alwani, President of the International Institute of Islamic Thought, (Herndon, Virginia) and President of the Fiqh Council of North America: • the translation is a valuable and important work, whether as a text book for teaching Islamic jurisprudence to English speakers, or as a legal reference for use by scholars, educated laymen and students in this language; • the translation presents the legal questions in a faithful and precise idiom that clearly delivers the complete meaning in a sound English style;

  37. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Reliance of the Traveller • Dr Taha Jabir al-Alwani, continued: • the book will be of great use in Southeast Asia in particular, and in America, Britain and Canada; • from a purely academic point of view, this translation is superior to anything produced by orientalists in the way of translations of major Islamic works in that while faithfully maintaining the required scholarly level, its aim is to imbue the consciousness of the non Arabic speaking Muslim with a sound understanding of Sacred Law…”

  38. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Reliance of the Traveller • Relevant Chapter: • Holding One’s Tongue • Comprised of 40 sections, • Eleven (11) sections are relevant to Law Enforcement and Intelligence

  39. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Reliance of the Traveller • Holding One’s Tongue • Slander • Two People Conversing So That A Third Cannot Hear, • Informing on Another • Lying • Giving a Positive Interpretation to Another's Seeming Mistakes • Giving a Misleading Impression • Picking Apart a Brother’s Words • Asking About Another’s Mistakes • Searching Out a Persons Faults • Rejecting a Brother’s Excuse, and • Revealing a Secret

  40. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Slander • "Slander means to mention anything concerning a person that he would dislike, whether about his body, religion, everyday life, self, disposition, property, son, father, wife, servant, turban, garment, gait, movements, smiling, dissolution, frowning, cheerfulness, or anything else connected with him." al-Misri, Reliance of the Traveller, p. 730.

  41. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Slander • “Do you know what slander is?” They answered, “Allah and His Messenger know best.” He said, “It is to mention of your brother that which he would dislike.” Someone asked, “What if he is as I say?” And he replied, “If he is as you say, you have slandered him, and if not, you have calumniated him.” al-Misri, Reliance of the Traveller, p. 732.

  42. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Slander • “The Muslim is the brother of the Muslim. He does not betray him, lie to him, or hang back from coming to his aid. All of the Muslim is inviolable to his fellow Muslim: his reputation, his property, his blood. Godfearingness is here (the heart). It is sufficiently wicked for someone to belittle his fellow Muslim.” al-Misri, Reliance of the Traveller, p. 732.

  43. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Two People Conversing So That A Third Cannot Hear • “When there are only three of you, two of you may not speak together apart from the third unless you join a group of others, lest your doing so sadden him.” • “The prohibition indicates its unlawfulness, it being impermissible for a group to converse apart from a single individual unless he gives his permission.” al-Misri, Reliance of the Traveller, p 743,

  44. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Informing on Another • The Prophet … said, “Let none of my Companions inform me of anything another of them has said, for I wish to come to you without disquiet in my heart.” al-Misri, Reliance of the Traveller, p. 742

  45. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Lying • In general, it is unlawful to lie • It is among the ugliest sins and most disgusting faults • Exceptions, however, do exist al-Misri, Reliance of the Traveller,p. 744.

  46. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Exceptions • ‘He who settles disagreements between people to bring about good or says something commendable is a not a liar.’ al-Misri, Reliance of the Traveller,p. 744.

  47. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Exceptions • Abu Hamid Ghazali (1058-1111) • "If a praiseworthy aim is attainable by lying but not telling the truth, it is permissible to lie if attaining the goal is permissible.” • “It is obligatory to lie if the goal is obligatory.” • “When, for example, one is concealing a Muslim from an oppressor who asks where he is, it is obligatory to lie about him being hidden.”

  48. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Exceptions • Abu Hamid Ghazali (1058-1111) • Or when a person deposits an article with one for safekeeping and an oppressor wanting to appropriate it inquires about it, it is obligatory to lie about having concealed it, for if one informs him about the article and he then seizes it, one is financially liable (to the owner) to cover the article’s cost.

  49. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Exceptions • Abu Hamid Ghazali (1058-1111) • Whether the purpose is war, settling a disagreement, or gaining sympathy of a victim legally entitled to retaliate against one so that he will forbear to do so; it is not unlawful to lie when any of these aims can be obtained through lying.

  50. THE INFLUENCE OF ISLAMIC LAW ON INTELLIGENCE AND LAW ENFORCEMENT INVESTIGATIONS • Exceptions • Abu Hamid Ghazali (1058-1111) • “But, it is religiously more precautionary in all cases to employ words that give a misleading impression, meaning to intend by one’s words something that is literally true, in respect to which one is not lying, while the outward purport of the words deceives the hearer, though even if one does not have such an intention and merely lies without intending anything else, it is not unlawful in the above circumstances.”

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