Lying is one of the greatest sins in Islam. Text and the corpus juris are quite explicit about this. Evils of lying are more dreadful than the evils of adultery. In one of the Ahadith lying is equated with committing adultery with one’s own mother.
“Only they forge the lie who do not believe in Allah’s communications, and these are the liars.” (Q,16:105)
“Surely Allah does not guide him aright who is a liar, ungrateful.” (Q, 39:3)
A liar also invokes the curse of Allah (SWT)
“… and pray for the curse of Allah on the liars.” (Q, 3:61)
“… the curse of Allah be on him if he is one of the liars.” (Q, 24:8)
Hadith: “When a believer speaks a lie, he becomes prone to committing every other sin; and when this happens, he commits kufr (disbelief) which then makes him liable to enter Hell.”
Toriyyah (dissimulation)
It means to say something, which could be interpreted in more than one way. One of the meanings should be the truth while the other ambiguous.
Example: If a tyrant comes to one’s place seeking him out but he wants to remain in the safety of his home; a person from his family may answer the door and say, ‘He is not here’; with the intention that ‘He’ is not at the door’.
Toriyyah (dissimulation) It is a dissimulation which is permissible and legitimate; when spoken in defense of oneself from cruelty or persecution, would not fall within the definition of a lie. Same would justify the three dissimulations uttered by Prophet Abraham (PBUH).
1) Declaring that he is not feeling well/or is indisposed.
2) Not acknowledging the Amputation of the arm of the big idol in Ka’aba and pointing instead to the big idol.
3) Declaring his wife as his sister to protect against the evil intention of the king.
Also
A statement in the nature of an assumption and a supposition which is contrary to facts is not a lie. It is a metaphoric attribution/assumption which does not belie an established fact. Example: [prophet saying] “If the Rahman (GOD) has a son I would be the first one to serve him” (Q, 43:81)
Hila (Hiyal) [pl] is the avoidance of observing the Islamic law in (extremely) difficult situations while still obeying the letter of the law.
Note: in Sunni schools it is still controversial while in Shia’a school by 15th century it was fully acceptable; by the force of fatawa issued by Ibn Hajar Al Asqalani, banning its criticism. Hanafites accepted it, Malikites still consider it illegal. There is however a growing debate about the purpose of Sharia’a; its increased interpretational flexibility; in view of the problems/issues faced, due to “Modernity” and “concrete-thinking”, hence revival/increased-employment of Hila as a legitimate tool. Sharia’a based Islamic finance industry is making greater use of it in developing “Riba-(interest)-free” products.
Imam Bukhari (following the transmission-based juris) differed with Hanafites on the use of legal device “Hila” with vehemence. He condemned the use of “Hiyal” on the basis of hadith “All deeds are judged by their intentions” in tandem with Imam Hanbal and Iban Al Mubarak, who also vehemently rejected the use of Hiyal.
He also disagreed with Hanafite’s well-known laxity in defining; by employing the device of “hila”—an intoxicant—wine, as grape juice.
Allah’s planning: (use of Hila) “when we revealed to your mother what was to be revealed” (Q20:38) [ Pharaoh having been told that; someone born in Bani Israel would ruin/kill you, ordered the killing of all male children]. Allah told the mother of Moses to put Moses in a basket and cast him into the river and not to entertain any apprehension about his safety. He will be picked up by the one who is his and My enemy. Your sister working for pharaoh’s family would guide him to you (Moses’s mother) as a sulking nurse, whereby she (Moses’s mother) will not be grieved. [Q, 20:38-39].
Tentative Conclusion of Hiyal Doctrine
Ḥiyal (sg. ḥīla) are “legal devices” or tools used in achieving certain objectives, lawful or not, through lawful means. Although it is generally agreed that “ḥiyal” are not a subterfuge for the “evasion of the law,” their exact nature and place within Islamic jurisprudence, however, remains an open question. To date, there have been only a few studies devoted to this doctrine and these have focused almost exclusively upon the Ḥanafītes, who developed ḥiyal into a special branch of the law, called makhārij, i.e. “exits”.
Examined here is the doctrine of the Ḥanafīte together with that of the Mālikīte/Medinaite jurists; who were early witnesses for and against ḥiyal, as conceived by the Ḥanafītes. On the basis of their understanding of the law in terms of utility, Ḥanafītes employed makhārij (exits) to provide remedies for those who sought them. As a particular transmission of Ḥanafīte doctrine, the genre of makhārij sought to confirm the standard doctrine by discovering “exits” suggested therein. Ḥanafīte’s concern for the subject was shared by the Mālikītes, albeit from a different point of view. Mālikītes discussed ḥiyal as jurisprudential materials; that convey the validity of their doctrine, prescribing appropriate solutions. Thus, it is concluded that both the Ḥanafītes and Mālikītes regarded ḥiyal as solutions drawn from the materials of jurisprudence in accordance with the spirit of the law as interpreted by the jurists of their respective schools.
Taqiyyah. (dissembling) It is termed as an outright lie in the Sunni school of thought. In Shia’a School, however, it is considered (based on the word [ittiqa]) “prudence, precaution or fear”. {A precautionary denial of the faith or its practices in the face of persecution. Kitman (covering)—by silence or omission}. Among the “Twelver-Shia’as” it is politically legitimized to maintain unity among the Muslims in general and fraternity among the shia’a clerics in particular.
Taqqiyah was developed by Imam Jafar Al Sadiq to protect against the oppression of Abbasid Caliph—Al Mansur—who was a Sunni Muslim. Also, that esoterically, the “Ilm–knowledge” given to Shia’a Imam has to be hidden from the uninitiated and adversaries until the descending of their “Twelfth-Imam”. [Taqqiyah—This term is often used against Islam and Muslims indiscriminately by the Islamophobes and Anti-Islam polemicists].
Its authority is said to have been derived from the Qura’anic verse 3:28 although, there is not the slightest indication of permission for lying or deceiving—except for exoteric stop-gap accommodation of the nonbelievers–in the face of extreme adversity.
“Believers should not take disbelievers {where the interest of the deniers of the truth clashes with that of the believers} as guardians instead of the believers; and whosoever does so will have nothing to hope for from Allah (SWT), unless it is a precaution against their tyranny. {where there is a reason to fear from them something; which ought to be guarded against, for they are more powerful than the Muslims} And Allah warns you about Himself. And to Allah is the final return” (Q, 3:28)
Scientific dimension of Divine injunction with respect to Lying, deception, and planning,
Surah Al-Alaq # 96 verse, 15 & 16 exhibits; how scientifically structured are Islamic injunctions; as shown here, with respect to lying, deceiving and planning.
“No! If he does not desist, We will surely smite his forehead” – (96:15)
“A lying sinning forehead” (96:16)
“And shun the false speech” (Q, 22:30)
Lying and deception are generated in the frontal lobe/cortex of the forehead, also known as the “The voice of reason”
(we will certainly smite his forehead), ناصيته NAASIYAH is the forehead.
Obvious questions would be. Why did the Quran describe the front of the head as being lying and sinful? Why didn’t the Quran say that the person was lying and sinful? What is the relationship between the front of the head and lying and sinfulness?
If we look into the skull at the front of the head, we will find that the prefrontal area of the cerebrum (left side of the figure) is what does the physiology tells us about the function of this area?
A book entitled Essentials of Anatomy & Physiology explains about this area that; “the motivation and the foresight to plan and initiate movements” occur in the anterior portion of the frontal lobes, the prefrontal area. This is a region of association cortex…” The book also explains, “In relation to its involvement in motivation, the prefrontal area is also thought to be the functional center for aggression”
So, this area of the cerebrum is responsible for planning, motivating, and initiating good and sinful behavior and is responsible for the telling of lies and the speaking of truth. Thus, it is befittingly described in the Holy Qura’an; that it is the front of the head lying and sinful when someone lies or commits a sin. “...A lying, sinful “naseyyah” (front of the head)!”
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