The Islamic Ruling on Killing a Spy: Evidence and Legal Principles

Written by: ʿImrān Ayyūb Lāhorī

Islamic Legitimacy of Killing a Spy (Jāsūs)​

Ruling:
Killing a spy (jāsūs) is permissible in Islamic law.

1. Evidence from the Sunnah​

❖ Hadith of Salamah bin al-Akwaʿ رضي الله عنه
He narrated:
During a journey (towards the battle of Ḥunayn), a spy came to the Prophet ﷺ, sat among the Companions, spoke for a while, and then left.
The Messenger of Allah ﷺ said:


Arabic:
اطلبوه و اقتلوه فقتلته فنفله سلبه


Translation:
“Go after him and kill him.”
So I (Salamah bin al-Akwaʿ) killed him, and the Prophet ﷺ granted me his weapons and equipment as extra reward.
(Ṣaḥīḥ al-Bukhārī: 3051 – Kitāb al-Jihād wa al-Siyar, Bāb al-Ḥarbī idhā Dakhala Dār al-Islām bi-ghayri Amān; Abū Dāwūd: 2653; Aḥmad: 4/50; Muslim: 1754)


❖ Hadith of Furāt bin Ḥayyān رضي الله عنه
He was once ordered to be killed by the Prophet ﷺ because:


Arabic:
و كان عينا لأبي سفيان
Translation:
“He was a spy for Abū Sufyān.”


He was under the protection of the Muslims (dhimmī status) and an ally of an Anṣārī tribe. When caught, he claimed to be Muslim. An Anṣārī said: “O Messenger of Allah, he says he is a Muslim.”
The Prophet ﷺ replied:
“Among you are such people whose faith we entrust to them. One of them is Furāt bin Ḥayyān.”
(Ṣaḥīḥ: Ṣaḥīḥ Abī Dāwūd: 2310; Abū Dāwūd: 2652; Aḥmad: 4/336; Ḥākim: 2/115; Bayhaqī: 9/197)


This proves that killing a dhimmī spy is unanimously permissible.
(Sharḥ Muslim: 6/311)

2. Scholarly Opinions​

• Mālik & al-Awzāʿī:
  A dhimmī’s covenant (ʿahd) is broken if he spies against Muslims; thus, he can be killed.
• Shāfiʿī School:
  If the treaty explicitly prohibits espionage, then spying nullifies the covenant by agreement.
  (Nayl al-Awṭār: 5/75; Al-Rawḍah al-Nadiyyah: 2/753)

3. Muslim Spy​

Regarding a Muslim spy, the hadith of Ḥāṭib bin Abī Baltaʿah رضي الله عنه applies:
He sent information to the Quraysh of Makkah about the Prophet’s ﷺ military preparations.
When caught, ʿUmar رضي الله عنه said:


Arabic:
دعنى رب عنق هذا المنافق
Translation:
“O Messenger of Allah, allow me to strike off the head of this hypocrite.”


The Prophet ﷺ replied:
“No. He was among those who fought at Badr.”
(Ṣaḥīḥ al-Bukhārī: 3007; Muslim: 2494; Abū Dāwūd: 2650; Tirmidhī: 3305; Aḥmad: 1/79)


Imām al-Shawkānī رحمه الله commented:
“The only reason the Prophet ﷺ spared Ḥāṭib was his participation in Badr; otherwise, he deserved execution. This ḥadīth is evidence for those who say that a spy may be executed even if he is a Muslim.”
(Nayl al-Awṭār: 5/76)

Linguistic Note​

The spy is called ʿAyn (عين) in Arabic because his entire work depends on the eyes — i.e., observation and watching.
(Nayl al-Awṭār: 5/75)


Summary:

• Killing a non-Muslim or dhimmī spy is unanimously lawful.
• Killing a Muslim spy is permissible if he endangers Muslim lives or reveals state secrets, though exceptions may be granted for special merits, as in the case of Ḥāṭib رضي الله عنه.
• Islamic jurisprudence supports this based on authentic Prophetic practice and scholarly consensus.