Is it permissible to record university lectures despite the objection of the lecturer? Please note that I am recording them so that I can write down what he says in the lectures, because I cannot write down what he says as he speaks so quickly, and there is nothing in the lecture except what is in the curriculum.
Praise
be to Allah
It is not
permissible for a Muslim who pays attention to matters of trust and hates
betrayal to record the words of a speaker without his permission or without
his knowledge, no matter what the type of speech, whether it is religious or
worldly, such as fatwas, scientific discussions, financial matters, and so
on.
It is proven in
the hadith of Jaabir ibn ‘Abdillah al-Ansaari (may Allah be pleased with
him) that the Prophet (blessings and peace of Allah be upon him) said: “If
one man speaks to another and looks around (to make sure no one is
listening), then that is a trust (amaanah).” Narrated by Ahmad, Abu Dawood
and at-Tirmidhi.
What is meant by
his looking around is that it is clear from the actions of the speaker that
he is being cautious, by looking around, right and left, to make sure that
no one can hear what he is saying. Thus what your companion says to you is a
trust for the listener, that he has entrusted him with. If he tells someone
else about it, then he has gone against the command of Allah, as he has
disclosed the trust to people who are not entitled to receive it, and thus
he becomes a wrongdoer. What he should do is conceal it, because when the
person who told it to him looked around, that was like a gesture telling him
not to tell anyone else. They said: This is a very concise expression, yet
full of meaning, because the word translated here as looked around is very
concise, and is encouraging us to observe good etiquette when mixing with
people, to treat people well, to conceal secrets and maintain friendships,
and it is a warning against spreading malicious gossip that could lead to
resentment, as is quite clear.
Ar-Raaghib said:
Confidential talk is that which is meant to be kept private, which may be
understood directly, such as if you say to someone else: Keep what I tell
you to yourself; or it may be indirect or circumstantial, such as if the
speaker takes the opportunity of being alone with you, or he lowers his
voice, or tries to conceal it from others in the gathering. This is what is
meant in this hadith. End quote.
If you record
his words without his permission or his knowledge, then this is a kind of
treachery and a breach of trust.
If you then
spread these words to other people, this exacerbates the treachery and
violation of the trust.
Conclusion:
Recording someone’s words – on a phone or otherwise – without the knowledge
or permission of the speaker is evildoing and a betrayal, and undermines
one’s good character and dignity.
End quote from
Adab al-Haatif by Shaykh Bakr Abu Zayd (may Allah have mercy on him),
p. 28
I put this
question to our shaykh, ‘Abd ar-Rahmaan al-Barraak (may Allah preserve him),
and he replied:
They have no
right to record without his consent or knowledge.
And Allah knows
best.
