18.05.2021
Дата публикации
Despite differences in understanding the relationship between religion and law and their place in the socio-normative system of the state, most experts would agree that religion, along with morality and law, is a normatively regulatory system that ensures the organization of social processes by consciously subordinating them to established rules. The religious normative principles of Islam, in essence, are social imperatives expressed in corresponding norms of Muslim behavior.
While the goal of this article is not to determine the significance of religion for the social regulation of human behavior in modern society, it is worth noting that in some countries, public and political life is oriented towards religious traditions and is based on Islamic (Muslim) law, one of the main legal systems globally (alongside continental and Anglo-Saxon law). The comprehensive nature of Islam is vividly manifested in Sharia, represented by a system of rules regulating the religious and secular behavior of a person, including Islamic dogma and ethics, as well as rules of conduct in all spheres of life. The study of such norms within Sharia is the subject of a special science called Fiqh. This term denotes not only the specified area of Islamic knowledge but also the rules of external behavior developed by it. This science is often referred to as Islamic jurisprudence, and the norms formulated by it are Islamic (Muslim) law, although not all of them are legal.
This article is devoted to the analysis of the approach of modern Islamic legal thought to the right to privacy and an attempt to consider the institution of personal data protection through the prism of the concept of housing protection in Islamic law.
The religion of Islam guarantees and protects the privacy of family relationships, as well as the other secrets of everyone, regardless of who they are. Without the owner's permission, no one is entitled to enter someone else's house, peek into it, or eavesdrop on conversations taking place there. Also, without the corresponding permission, one cannot read someone else's correspondence. Freedom in one's personal affairs, non-interference by anyone in their private matters, and the inviolability of housing, family, and personal relationships are among the main human rights. Therefore, someone who is not provided with the inviolability of housing, personal secrets, and correspondence is considered deprived of rights according to the sacred book of Islam, the Quran, and the Sunnah of the Prophet Muhammad.
"Examining the development of the concept of privacy in contemporary Islamic jurisprudence, it is essential to highlight the Quranic injunction on the inviolability of private life: 'O you who have believed! Avoid much suspicion, for indeed, some suspicion is sin. And do not spy or backbite each other. Would one of you like to eat the flesh of his brother when dead? You would detest it. And fear Allah; indeed, Allah is accepting of repentance and merciful' (Surah al-Hujurat, 49/12).
An important direction in the development of Islamic thought on privacy is the recommendations on how to handle personal life: 'O you who have believed! Do not enter houses other than your own houses until you ascertain welcome and greet their inhabitants. That is best for you; perhaps you will be reminded. And if you do not find anyone therein, do not enter them until permission has been given you. And if it is said to you, 'Go back,' then go back; it is purer for you. And Allah is Knowing of what you do' (Surah an-Nur, 24/27–28).
The term 'entering the house' not only refers to direct entry through gates or doors but any intrusion into private life. The companion Abdullah ibn Abbas stated, 'Allah hides the faults of people and forgives them, and He loves those who hide.'
Discussing personal data, it is worth noting that during the Prophet's lifetime, identification was mostly done in person, as modern identity markers like passports, ID numbers, and phone numbers did not exist. Therefore, the issue of protecting personal data in Islamic law should be considered solely based on the institution of housing protection.
Currently, just and lawful processing of personal data is recognized, where the data subject must be informed about who will process the data, the purposes of processing and use, and provide consent for the use of personal data.
Drawing parallels with modern personal data legislation and presenting 'housing' as an ecosystem where information of a personal nature is collected, stored, and used, Prophet Muhammad's words, 'And if it is said to you, 'Go back,' then go back,' essentially reflect the modern concept of giving consent for the processing of personal data, confirming the right of the data subject to give or withdraw consent for the use of personal data.
Prophet Muhammad, when seeking permission to enter someone's house, did not go directly to the door. He stood in the right or left corner, saying, 'Peace be upon you, peace be upon you!'
The words 'Peace be upon you, peace be upon you!' in the context of protecting personal information sound like a preliminary notification necessary in specific conditions to ensure fair data collection and processing.
Modern Islamic legal science is developing specific rights and freedoms for individuals, with particular emphasis on the right to privacy. As evidence of this, one can cite the Islamic Declaration of Human Rights adopted within the Organization of Islamic Cooperation, the most influential intergovernmental union of Muslim countries today. The Declaration was approved by Resolution 49/19-P of the Conference of Foreign Ministers of OIC Member States in Cairo on August 5, 1990. The preamble states, 'basic rights and common freedoms are part of the Muslim religion, and no one is fundamentally allowed to obstruct their realization, violate, or ignore them as imperative divine norms.'
Thus, according to Article 22 of the mentioned Declaration: 'A person has the right to complete autonomy in his private life regarding his dwelling, family, property, and relations; it is forbidden to monitor him or control his behavior, as well as to harm his reputation; a person must be guaranteed protection from any violent interference in his private life.'
The relationship between law, religion, morality, and politics is the subject of study in both legal theory and comparative law. Different legal cultures differ in their specific relationship between law and other social norms. Some legal systems are based on the supremacy of legal norms, while others prioritize religious postulates. The established notions of privacy in Islam set trends for the development of modern Islamic jurisprudence, shaping the attitude towards this science and Islam as a whole.
Author: Ruslan Dairbekov.
While the goal of this article is not to determine the significance of religion for the social regulation of human behavior in modern society, it is worth noting that in some countries, public and political life is oriented towards religious traditions and is based on Islamic (Muslim) law, one of the main legal systems globally (alongside continental and Anglo-Saxon law). The comprehensive nature of Islam is vividly manifested in Sharia, represented by a system of rules regulating the religious and secular behavior of a person, including Islamic dogma and ethics, as well as rules of conduct in all spheres of life. The study of such norms within Sharia is the subject of a special science called Fiqh. This term denotes not only the specified area of Islamic knowledge but also the rules of external behavior developed by it. This science is often referred to as Islamic jurisprudence, and the norms formulated by it are Islamic (Muslim) law, although not all of them are legal.
This article is devoted to the analysis of the approach of modern Islamic legal thought to the right to privacy and an attempt to consider the institution of personal data protection through the prism of the concept of housing protection in Islamic law.
The religion of Islam guarantees and protects the privacy of family relationships, as well as the other secrets of everyone, regardless of who they are. Without the owner's permission, no one is entitled to enter someone else's house, peek into it, or eavesdrop on conversations taking place there. Also, without the corresponding permission, one cannot read someone else's correspondence. Freedom in one's personal affairs, non-interference by anyone in their private matters, and the inviolability of housing, family, and personal relationships are among the main human rights. Therefore, someone who is not provided with the inviolability of housing, personal secrets, and correspondence is considered deprived of rights according to the sacred book of Islam, the Quran, and the Sunnah of the Prophet Muhammad.
"Examining the development of the concept of privacy in contemporary Islamic jurisprudence, it is essential to highlight the Quranic injunction on the inviolability of private life: 'O you who have believed! Avoid much suspicion, for indeed, some suspicion is sin. And do not spy or backbite each other. Would one of you like to eat the flesh of his brother when dead? You would detest it. And fear Allah; indeed, Allah is accepting of repentance and merciful' (Surah al-Hujurat, 49/12).
An important direction in the development of Islamic thought on privacy is the recommendations on how to handle personal life: 'O you who have believed! Do not enter houses other than your own houses until you ascertain welcome and greet their inhabitants. That is best for you; perhaps you will be reminded. And if you do not find anyone therein, do not enter them until permission has been given you. And if it is said to you, 'Go back,' then go back; it is purer for you. And Allah is Knowing of what you do' (Surah an-Nur, 24/27–28).
The term 'entering the house' not only refers to direct entry through gates or doors but any intrusion into private life. The companion Abdullah ibn Abbas stated, 'Allah hides the faults of people and forgives them, and He loves those who hide.'
Discussing personal data, it is worth noting that during the Prophet's lifetime, identification was mostly done in person, as modern identity markers like passports, ID numbers, and phone numbers did not exist. Therefore, the issue of protecting personal data in Islamic law should be considered solely based on the institution of housing protection.
Currently, just and lawful processing of personal data is recognized, where the data subject must be informed about who will process the data, the purposes of processing and use, and provide consent for the use of personal data.
Drawing parallels with modern personal data legislation and presenting 'housing' as an ecosystem where information of a personal nature is collected, stored, and used, Prophet Muhammad's words, 'And if it is said to you, 'Go back,' then go back,' essentially reflect the modern concept of giving consent for the processing of personal data, confirming the right of the data subject to give or withdraw consent for the use of personal data.
Prophet Muhammad, when seeking permission to enter someone's house, did not go directly to the door. He stood in the right or left corner, saying, 'Peace be upon you, peace be upon you!'
The words 'Peace be upon you, peace be upon you!' in the context of protecting personal information sound like a preliminary notification necessary in specific conditions to ensure fair data collection and processing.
Modern Islamic legal science is developing specific rights and freedoms for individuals, with particular emphasis on the right to privacy. As evidence of this, one can cite the Islamic Declaration of Human Rights adopted within the Organization of Islamic Cooperation, the most influential intergovernmental union of Muslim countries today. The Declaration was approved by Resolution 49/19-P of the Conference of Foreign Ministers of OIC Member States in Cairo on August 5, 1990. The preamble states, 'basic rights and common freedoms are part of the Muslim religion, and no one is fundamentally allowed to obstruct their realization, violate, or ignore them as imperative divine norms.'
Thus, according to Article 22 of the mentioned Declaration: 'A person has the right to complete autonomy in his private life regarding his dwelling, family, property, and relations; it is forbidden to monitor him or control his behavior, as well as to harm his reputation; a person must be guaranteed protection from any violent interference in his private life.'
The relationship between law, religion, morality, and politics is the subject of study in both legal theory and comparative law. Different legal cultures differ in their specific relationship between law and other social norms. Some legal systems are based on the supremacy of legal norms, while others prioritize religious postulates. The established notions of privacy in Islam set trends for the development of modern Islamic jurisprudence, shaping the attitude towards this science and Islam as a whole.
Author: Ruslan Dairbekov.
(English translation is carried out automatically.)
