By S.
Arshad, New Age Islam
08 August
2020
Modern
society is a complex society plagued by many social, ethical and psychological
ills. People live a busy life and try to fulfil all the personal and societal
obligations at the same time.
The hectic life has taken the greatest toll on the relationship between husband and wife. Since in many families, both the spouses do a job to meet the expenses, they find little time to give each other. In many cases, when the husband returns from office, it is time for the wife to leave for her job. This causes between them a trust deficit and overtime they become suspicious of each other's fidelity.
In modern
times, in many big cities, a growing number of husbands and wives and also
young and unmarried people are resorting to modern technology to spy on their
friends and partners to find if they are being cheated or not. In many cases
the wife consults a cyber expert to find ways to track her husband's
activities, his messages, chats and conversations over the phone. Many IT
companies today offer apps that can help the wife keep track of her husband's
activities with the help of his phone without giving the husband a hint of his
being on surveillance.
Similarly,
many men resort to the technology to keep track of the movements and contacts
of their wives. And this has become so common that it is not considered immoral
and illegal though according to the law, it is illegal to spy on someone
without his/her permission.
What does
the Quran say about it? The Quran has made it clear that spying on anyone is an
intrusion into the privacy of an individual and a violation of a person's human
rights. There are a number of verses in Surah Al Hujurat and Surah Al Nur
guaranteeing people right to privacy. Surah Al Hujurat (12) says:
O ye who believe! Shun suspicion (Dhann). And
lo! some suspicion is crime. And do not spy or backbite each other."
Surah
Baqarah (189) says:
"It is not virtue if you enter your houses
from the back. It is virtue if you fear Allah. Enter houses through the proper
door."
Quran
prohibits men from spying on each other and entering their own house from the
backdoor to catch the family members unaware. And among the family members, the
wife is an important member and in the modern nuclear family structure, the
wife is the second most important member after the husband.
In a verse, husband and wife are described as the garment for each other. Therefore, The holy Quran guarantees equal rights to privacy to both the spouses.
The Quran
says "Do not spy" and in the modern times, spying has assumed a wide
meaning. Today, spying does not merely mean eavesdropping or peeking, or
checking the pocket of the husband for any love letter. It means the use of
sophisticated technology to track someone round the clock. It includes hidden
camera, phone apps or phone tapping devices apart from stealthily checking the
spouse's phone or diary. Therefore, the modern Islamic jurists need to define
the word 'spying' in the light of the use of technology for spying and the new
social and moral issues arising out of the complexities of the contemporary
life.
In 2016,
the government of UAE took notice of the phenomenon of spying by spouses on
each other and in the light of the Quranic injunctions, made a law to
criminalise it. It said that checking the phone of the spouse or spying on him
or her in any manner was 'haram'. The Grand Mufti at the Islamic Affairs and Charitable
Activities Department said that Islam prohibited any kind of activity that came
under spying between spouses, between friends, siblings or between two
individuals.
Similarly,
the government of Saudi Arabia also declared spying on the spouse a crime. Now
spying including with the help of (hidden) camera, computer or any other
electronic device is a punitive crime and the offenders will be punished with
one year imprisonment or a fine of 500 Riyal or both.
Thus, the
Islamic countries are waking up to this immoral and unethical practice of
spying by the spouses on each other and have dealt with this in the light of
Qur'anic injunctions.
The
position of the Quran on this is clear. If husband and wife have doubts or
differences, they should express them to each other and if they cannot trust
each other and cannot sort out the differences, they can mutually end the
marriage. Someone rightly said, "if the distrust has risen to such a
degree that you have to spy on your spouse, then you should end the
relationship instead of staying together like strangers or enemies."
URL: https://newageislam.com/islamic-sharia-laws/islam-allow-husband-wife-spy/d/122594
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