Legal Framework of Right to Privacy: A Comparative Analysis of Western and Islamic Law
Abstract
Endeavour of this paper is to grasp the idea of the right of privacy to establish its utility for social conformity and harmony in the postmodern world Islam v modern world. It has so happened in the last few decades that Islamic law and Western ideology seems to be poles apart to a common person but this paper serves to establish that Islam emphasizes as much the sanctity of the right of privacy as does western law. This research explores the importance of the privacy of an individual in Islam and shows that how Islam emphasizes maintaining the privacy of data. This paper is a venture to explore the right of privacy in both Islam and western law and to compare and contrast them to highlight the similarities and differences. The research finds out Western law seem to get swept away with the love of freedom to the extent that differentiating human and animal’s life may get difficult whereas Islamic Shariah puts a restriction on individual’s privacy where the individual’s choice seems to influence the society at large. It is concluded that Islam differs from the Western law on the grounds of homosexuality, abortion, gambling, and addiction. It is recommended that as Right of Privacy has ultimate impact on the Society and when the right of privacy conflicts with the social welfare then it must be curtailed otherwise it may be lead to the collapse and disgrace of the society.
Authors
Tahira Jabeen
Assistant Professor (Law), Higher Education Department (HED), Peshawar KPK, Pakistan
Muhammad Hassan Zia
Assistant Professor, Department of Law, University of the Punjab, Gujranwala Campus, Punjab, Pakistan
Huma Hassan
Lecturer, Department of English, University of Central Punjab, Lahore, Punjab, Pakistan
Keywords
Human Rights, Islamic Jurisprudence, Right of Privacy, Western Law