An investigation of the related edicts on espionage in positive jurisprudence and law

Crimes against the national security including espionage are regarded as the most important threats for the nations’ security and independence. Ignoring these crimes will put the countries security and independence in danger, and in some cases, it will result in the collapse of governments as well as weakening of governments and their territorial integrity. The present study mainly deals with the jurisprudential and legal edicts related to espionage, the related rules of this issue, the scope of espionage, and the status of espionage in terms of criminalization. Moreover, the present study aims to find out whether espionage against the Islamic country to the advantage of foreigners should be regarded as a Haram (forbidden and unlawful) and crime or not, and whether it should receive financial and spiritual support or not. Espionage to the advantage of an Islamic country is primarily Mubah (allowed and permissible) in some conditions, and it even obligatory in terms of obligatory preliminary and preserving the Islamic government and society. The understanding of its aspects and elements are included as unavoidable needs and necessities. What makes this ever-increasing need and necessity more important is the fact that conducting studies on this issue was completely illegal and forbidden before the Iranian Revolution (1979). As urbanization and states developed, the rulers found out that they are not capable of continuing and strengthening their ruling only through force and violence and winning battlefields, and they are greatly in need of organizations and systems that function as rulers’ eyes and ears. The findings obtained in the present study indicate that despite the disagreements over the penalties determined for espionage in different sects, most of Shiite and Sunni Jurisprudents have acknowledged that espionage is a serious threat for the security of the country and they call for severe punishments.