Taqiyya: Precautionary Secrecy

The Islamic legal principle of precautionary secrecy (taqiyya) is a much written about but often misunderstood topic in the current sectarian disputes among Muslims. It is significant here only to the extent that it features in the legal legacy of Ja'far al-Sadiq.

The principle of precautionary secrecy has Qur'anic roots.^[999] It stipulates that in matters of religious creed and rituals, one should not disclose one's beliefs if doing so could cause major harm or put one's life in danger. When such situations arise, one should act cautiously in the spirit of compromise to repulse harm and avoid danger in any way possible, short of harming someone else.^[1000] Other reasons for adopting the principle and holding back one's opinion in a given case might include a wish to avert potential harm from the Muslim community, as explained in many Shi'i works on usul al-fiqh and on the general principles of the law, as well as in monographs written on this topic.^[1001] As such, the principle is in line with general Islamic legal canons that instruct people to give priority to the more important of two considerations (al-ahamm)^[1002] or lesser harm (al-darar al-akhaff).^[1003]

Muslim jurists of different tendencies and schools agree on the outlines of this principle, although most discuss it under the rubrics of ikrah (duress), the other term used in the Qur'an to address such situations,^[1004] and idtirar (necessity), in cases involving life-threatening danger. For a community such as the supporters of the House of the Prophet, who faced severe repression for their entire history under both the Umayyad and the Abbasid caliphate, practicing precautionary secrecy was naturally essential to survival.

عن أبي عبد هللا قال: التقية في كل ضرورة، وصاحبها أعلم بها حين تهزل به.^[1005]

[Abu Ishaq al-Arrajani:] Abu 'Abd Allah said, "Precautionary secrecy is for situations of no choice, and those who face them know best for themselves when such situations really exist.”

مسعدة بن صدقة عن أبي عبد الله^[1006] قال: للقبية مواضع من أزلها عن مواضعها لم نستقم ل.

[Mas'ada b. Sadaqa:] Abu 'Abd Allah said, "There are specific occa­sions for [practicing] precautionary secrecy that make it improper for anyone to do so outside of that context. For example, if there is a group of people who adopt rulings and actions that appear to be contrary to the truth, then any precautionary measure that a believer takes while among them that does not lead to corruption in religion is permissible.”

مساعة عن أبي عبد هللا قال: إذا حلف الرجل نتفنكه لم بغزه إذا هوأكره واضطراله. ليس شيء متتا حرم هللا إلاوقد أحله لمن اضطرايه.^[1008]

[Sama'a:] Abu 'Abd Allah said, "If a person swears [to something] out of precautionary secrecy, it is harmless if he was coerced and com­pelled to do so.

أبوالصباح [الكناني[عن جعفرين محتد قال: ما صنعتم من شيء أوحلفتم عليه من يمين ي تقجة فأنتتم منه في سعة.^[1009]

[Abu Sabah al-Kinani:] Ja'far b. Muhammad said, "If you did or swore to do something out of precautionary secrecy, you are not bound by it.”

In cases of severe duress involving an imminent threat to one's life, a report from Ja'far al-Sadiq forbids one from saving one's own life by putting someone else's life in danger.^[1010]

أبوحمزة الثمالي قال: قال أبوعبد هللا: إنما جعلكى النقيبة يحقن بها الدم، فإذا بلغت الدم فلاتقجة.^[1011]

[Abu Hamza al-Thumali:] Abu 'Abd Allah said, "Precautionary secrecy was set up in order to spare blood. If blood is to be spilled, precaution­ary secrecy does not apply.”

The first of the above-quoted statements from Ja'far al-Sadiq bans the practice of taqiyya not only in cases in which it would cause harm to another but also in cases in which it could lead to "corruption in religion.” This latter concept is understood to mean serious damage to an essential feature of Islam or the faith of the Muslim community.^[1012] Extending the logic of these two types of fundamental values, many jurists and schools also ban rape and fornication under any circumstances,^[1013] even if the alternative is loss of one's life.^[1014]

III.