“...
If a praiseworthy aim is attainable through both telling the truth and
lying, it is unlawful to accomplish through lying because there is no need
for it.
“’When it is possible to achieve such an aim by lying but not
telling the truth, it is permissible to lie if the goal is permissible,
and 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.
“’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.
“’Whether the purpose [of telling a lie] 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.’”
“(a) Islamic scholars
elaborate on this point.
“’Believers [Muslims] in a weakened stage in a non-Muslim
country should forgive and be patient with people of the book [being
Christians and Jews] when they insult Allah and His prophet by any means.
Believers [Muslims] should lie to people of the book [Christians
and Jews] to protect their lives and their religion [of Islam].’
[see note 16]
“(b)
This [above] passage has implications for
press reporting, meetings
and a wide range of activities where open-source intelligence collection
is practiced [by
U.S.
intelligence analysts]. [See
also this passage, from an Islamic scholar]:
“’As a subterfuge, they [Muslims] may deny Islam to escape
punishment from non-believers who are their captors.
(Precedence: Amar Ben
Yasser, hostage of the Quraysh Tribe).’
[see note 17]
“(c)
This [above] passage has implications [for
U.S.
intelligence analysts] for assessing
source-reporting. [See also
this next passage, from an Islamic scholar]:
“’[Muslims may deny Islam as]… a subterfuge to gain
acceptance by non-believers for the purposes of cover for assassination
and covert operations (Precedence: Muhammad
sent Abed Allah Bin Anis to penetrate Shabban Bin Kalad Al-Handi’s army
and kill him.)’ [see
note 18]
“(d) This [above]
passage has implications for
[
U.S.
intelligence analysts and] criminal investigations, security programs,
analytical work and other general research.
“(6) Giving a
Misleading Impression. Giving
a misleading impression is a preferable alternative to lying, and may
serve as one of several motivations and enablers for the problematic
translations of Arabic texts into English.
“(a) With disturbing
regularity, English versions of Arabic texts are consistently
demilitarized and rendered more pacifistic for non-Muslim or Western
consumption. For the [
U.S.
intelligence] analyst, this means double-checking which is more easily
said than done.
“(b) The guidance
contained in Reliance of the Traveler is specific.
“’Giving a misleading impression is among the most important
topics, being frequently met with and often abused.
It befits us to examine the matter closely, and whoever learns of
it should reflect upon it and apply it.
[see note 19]
“’Giving a
misleading impression means to utter an _expression that ostensibly
implies one meaning, while intending a different meaning the _expression
may also have, one that contradicts the ostensive purport.
It is a kind of deception.’ [see
note 20]
“’…It often takes the form of
the speaker intending a specific referent while the hearer understands a
more general one, as when a person asks a householder, “Is So and so
here?” to which the
householder, intending the space between himself and the questioner rather
than the space inside the house, replies, “He is not here.”
[see note
20]
“’Scholars say that there is no harm in giving a misleading
impression if required by an interest countenanced by Sacred Law that is
more important than not misleading the person being addressed, or
if there is a pressing need which could not be otherwise fulfilled except
through lying.’” [see
note 21]
“(7) Giving a
Positive Interpretation to Other’s Seeming Mistakes.
Students of Islam have an obligation to project a positive bias
in their interpretations of Islam.
“Nawawi mentions, in the section of the introduction of Sharh
al-Muhadhdhab about the
behavior of teacher and student that ‘it is obligatory for a student to
give a positive interpretation to every utterance of his brothers that
seems to be wrong until he has exhausted seventy excuses.
No one is incapable of this except a failure.’”
[see note 22]
“(a) This [above
quotation] has implications for the [U.S. intelligence] analyst relying on
academic works (Master’s Thesis and Doctoral Dissertations) that later
find their way into mainstream academic and open sources.
It helps explain a peculiar pattern of evasion identifiable in
televised exchanges between news commentators and Islamic authorities.
“(b) The requirement
for offering ‘seventy excuses’ is an effective strategy in wearing
down and eventually defeating investigative reporting.
This may limit the usefulness of televised discussion forums as
sources for intelligence analysis.
“e. Implications
for Researchers. There are
at least two critical research nodes vulnerable to this phenomenon [of
seventy excuses]. [These are]
the entry point of scholarly works, characterized by academic members of
Master’s Thesis and Doctoral Dissertation committees, and the end-users
of these scholarly works, individual researchers.
“(1) Academic
Members of Master’s Thesis and Doctoral Dissertation Committees.
A survey of thesis and dissertations available through
‘Digital Dissertations’ identifies a large number of academic products
addressing Islamic topics. [see
note 23]
“(a)
A review of these scholarly works gives anecdotal evidence that
Islamic topics are treated by Islamic authors with a positive bias while
non-Islamic authors tend to be more critical.
“(b) In cases where
Muslims comprise Thesis or Dissertations committee membership, thesis and
dissertations tend to suppress criticism and accentuate more laudatory
interpretations of the Islamic issues under discussion.
“(c) Objective
analysis appears to give way to positive bias under Islamic tutorage even
in mainstream academic. The
gate-keepers of scholarship integrity may not be functioning as well as
possible when addressing Islamic issues.
“(c) This has
implications for researchers (including [
U.S.
] intelligence analysts).
“(2) Researchers
(including [
U.S.
] Intelligence Analysts).
Given the broad religious, legal
and scholarly inertia toward projecting a positive bias when discussing
Islamic topics, and the possible extension of that trend into mainstream
U.S.
academia and scholarship, it becomes essential that researchers (including
[
U.S.
] intelligence analysts) exert more than the usual care when relying on
Muslim sources.
“(a) Whereas analysts
should normally double-check their sources, the existence of specific
provisions in Islamic law, intentionally to conceal and mislead, requires
[
U.S.
intelligence] analysts to exercise extreme caution when relying on Islamic
sources.
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