Islamic ruling on tagging someone as a criminal or placing them under surveillance without a visible heinous crime.

Answer

In Islamic law, tagging someone as a “criminal” or placing them under surveillance without their having committed a visible, heinous crime is strictly prohibited except in very limited, Shari‘ah-defined circumstances. The general principle is that a person is presumed innocent until proven guilty, and spying (tajassus) is explicitly forbidden in the Qur’an:

“O you who have believed, avoid much [negative] assumption. Indeed, some assumption is sin. And do not spy or backbite each other…” (Surah al-Hujurat 49:12)

Based on this, the rules regarding permissible surveillance and criminal tagging are as follows:

1. Permissible Surveillance (Taharrī / Taftīsh)

Surveillance of a person’s private life is not allowed merely on the basis of suspicion, unless there is strong, credible evidence (qarīnah qawiyyah) that the person is involved in a serious crime that threatens public safety (e.g., terrorism, treason, large-scale fraud). The Hanafi jurists state:

• Imam al-Haskafi / Ibn ‘Abidin (Radd al-Muhtar, 6/334):

  “It is not permissible to spy on a Muslim or to search his house without his permission, except when there is a compelling necessity (darūrah) or a clear indication (amārah) of a crime being committed.”

• Imam al-Kasani (Bada’i‘ al-Sana’i‘, 7/60):

  “The ruler (imām) may order surveillance only when there is strong suspicion (ghalabat al-ẓann) that a person is plotting to harm the community, and even then, the surveillance must be limited to what is necessary to prevent harm.”

Thus, surveillance is permissible only when:

• There is concrete, verifiable intelligence (not rumors or personal dislikes) that the person poses a significant risk.
• The surveillance is minimally intrusive (e.g., monitoring public movements, not intercepting private conversations without a court order).
• The purpose is genuine protection of society (maslahah ‘ammah), not private vendetta.

2. Tagging as a Criminal (Tasmiyat al-Mujrim)

To label a person as a “criminal” (mujrim) in the eyes of the law or society requires either:

• A judicial conviction (ḥukm qaḍā’ī) based on clear evidence, or
• An admission of guilt (iqrār) that meets Shari‘ah conditions.

It is forbidden to call someone a criminal based on suspicion alone, as this amounts to slander (qadhf) and false accusation. The Prophet ﷺ said:

“Avoid suspicion, for suspicion is the most false of speech.” (Sahih al-Bukhari, 5143)

Hanafi scholars add:

• Fatawa ‘Alamgiri (2/200):

  “A person is not to be declared a criminal (fāsiq, ẓālim) except upon the testimony of two upright witnesses or a confession.”

• Imdad al-Fatawa (4/53) by Mufti Muhammad Shafi‘:

  “Labeling someone as a ‘criminal’ or ‘sinner’ based on private actions that are not proven in court is a major sin. One may only consider a person to be a criminal if the crime is proven in an Islamic court.”

3. Cases Where No Visible Heinous Crime Has Been Committed

Even if no visible heinous crime has been committed, tagging or surveillance may be allowed only when:

• The person is under reasonable suspicion of planning a major crime that will cause loss of life or widespread corruption (e.g., terrorism). This is based on the principle of sadd al-dharā’i‘ (blocking the means to evil) and the concept of ḥirāsah (guardianship). The ruler’s duty to protect the public (wilāyah al-‘āmmah) allows preemptive measures when there is clear indication (amārah qāti‘ah) of imminent danger.

• The person is previously convicted and on probation/parole – in such a case, limited monitoring to prevent relapse is permissible under the authority of the judge.

• The person is a known habitual criminal whose modus operandi is recorded – but even then, surveillance must be proportionate and not violate general privacy.

Important Caveat: Surveillance that amounts to tajassus (spying into private homes, phones, etc.) without a court order is forbidden. The Hanafi jurists explicitly state that even the ruler cannot spy on a Muslim without a religiously valid reason.

4. Practical Guidelines (from Hanafi Fiqh)

• Do not assume criminality based on appearance, wealth, association, or hearsay. The Prophet ﷺ said: “A Muslim is the one from whose tongue and hand the Muslims are safe” (Bukhari, 10).
• Do not spy even on a person you suspect; instead, advise or report to authorities with evidence.
• Only public authorities (with due process) may conduct surveillance, and only when the lesser evil (violating privacy) is outweighed by the greater harm (public danger). This is based on qā‘idah: “When two evils conflict, the lesser is chosen” (Radd al-Muhtar, 3:385).
• Backbiting and slander are major sins – calling someone a criminal without proof is included in this.

Conclusion

A person can be tagged as a criminal only after a lawful conviction. Surveillance without a visible heinous crime is permissible only when there is strong, evidence-based suspicion that the person is about to commit a serious crime that endangers public life or security. Even then, the surveillance must be authorized by a qualified Islamic judge or ruler, limited in scope, and aimed at preventing harm (dar’ al-mafāsid). Spying on mere suspicion or labeling someone unjustly is sinful and invalid.

References:

• Qur’an 49:12
• Sahih al-Bukhari, Hadith 5143
• Radd al-Muhtar ‘ala al-Durr al-Mukhtar (Ibn ‘Abidin), 6:334
• Bada’i‘ al-Sana’i‘ (al-Kasani), 7:60
• Fatawa ‘Alamgiri, 2:200
• Imdad al-Fatawa (Mufti Muhammad Shafi‘), 4:53
• Al-Ashbah wa al-Naza’ir (Ibn Nujaym), p. 94 (rule of choosing lesser evil)

And Allah knows best.