Q. Will it be justified, not for you to hack but getting another person to hack your fiance or spouses email or computer, to gather info on them possibly cheating or up to no good?

Comment by Anonymous — June 1, 2009

Q. Asslm Imam
We would like your help on clearing a debate we having.The {muslim} boys say it is ok to set up a web page, as a online muslim chat ,with the line to getting to know islam better.BUT it is not for that, it is to get IPN pc tracer, to hack email and pc of their,sisters,wife or future partner,to make sure they behaving. We had showed them your answer to a previous question you received. What answer do we give them now?
Wsslm.
p.s if you could answer as soon as possible would be much appreciated 🙂

Q. Is data received from hacking permissible in a sharia court?

Answer. If a thing is not permissible for you to do, then how could it ever be permissible for someone else to do?! Mere suspicion does not warrant criminal behavior. Islam is about doing good and helping others do good. Islam has NEVER advocated for us to be good, whilst having others do our dirty work! How about a tab bit of compassion towards fellow humans! Hacking is against the law. Muslims are to abide by the laws of their respective countries.  Seeking out an ‘IPN pc Tracer’ for the purposes as described by you degrades the high morals and values of Islam.

FYI:

If a spouse states: ‘I have nothing to hide, I give you full loving approval to attain any information regarding me through whatever means possible,’ then in such a situation it would be allowed to pry, however, only to the extent of that which pertains to the relationship. For example, a spouse receives text messages from strangers during odd hours, emails (or print outs) pointing to harmful relational behavior, as well as other sneaky behavior which is out of the norm; it such instances, it would be  would justified to seek consent for attaining ones necessary personal data. The focus must be to safe guard the integrity relating to the institution of marriage.

Monitoring must not be against the law, nor can its data be used to taint an innocent person’s reputation beyond that which a person themselves has already tainted. This must be proven by a fair unbiased court system.  The monitoring must be confined only to the facts and the people involved. There must be some guarantee that the matter would be handled in a safe and rational manner.

The data (for example, emails) would not necessarily be viewed as the only form of proof in Islam, it would have to be substantiated by added proofs which would be inclusive of eyewitness – more so if the matter relates to a person’s liberty, life, etc. A non-coercive personal confession would also be accepted.  The data gathered in all cases would have to be used in a responsible manner.

Some companies have monitoring devices. Employees sign on stating that they give consent to having their tasks monitored, either via email systems, etc. Under such conditions, as a result of prior agreements, such monitoring would also be allowed and justified.
Allah Certainly Knows Best.

p.s. although we are aware of the answer pertaining to the admissibility of a hacker’s data within a sharia court, the answer would not do you any benefit. Thus, we shall abstain.