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Abstract
Islam gives great importance to the fundamental human right to privacy. This is evident from the some of the verses of the Holy Quran: ‘Do not spy on one another’ (49:12); ‘Do not enter any houses except your own homes unless you are sure of their occupants' consent’ (24:27). The Prophet has gone to the extent of instructing his followers that a man should not enter even his own house suddenly or surreptitiously. This article attempts to explore the extent of the sanctity given to the right to privacy by Islam and the kinds of privacy it recognizes. It will also explore the extent to which this right has been recognized in the laws of certain key Islamic Countries. The article includes a case study of Pakistan, an Islamic state that recognizes the Quran and Sunnah as sources of law. Under the Pakistani Constitution, there cannot be a law in violation of the injunctions of Islam. In fact, various laws have been declared to be in violation of the injunctions of Islam by the Federal Shariah Court. The Constitution of Pakistan, as well as the Pakistani law on Freedom of Information, recognizes the right to privacy. Despite this, the main objective of the draft Pakistani Data Protection Law is not to enshrine the principles of Islam, but to satisfy the requirements of European Union Directive 95/46, in particular Article 25 thereof, with the hope of ensuring that data will be allowed to flow freely between the European Union and Pakistan, thus making Pakistan an attractive market for outsourcing.
Notes
1 The author is author of the draft Data Protection Law of Pakistan. He can be reached via e-mail at: [email protected].
3 Al-Nur: 27 (emphasis added).
4 Al-Nur: 28 (emphasis added).
5 Al-Nur: 61 (emphasis added).
6 Al-Baqara: 189 (emphasis added).
7 Al-Nur: 58 (emphasis added).
8 Al-Nur: 59 (emphasis added).
9 Al-Ahzab: 53 (emphasis added).
10 Al-Nur: 30 (emphasis added).
11 Al-Nur: 31 (emphasis added).
12 Al-Ahzab: 35 (emphasis added).
13 Koleini, Muhammad, Al-Kaafi, Qom. 1388, Vol. 2: 385 (emphasis added).
14 Al-Hujurat: 12: ‘O ye who believe! Avoid suspicion as much (as possible): for suspicion in some cases is a sin: and spy not on each other, nor speak ill of each-other behind their backs. Would any of you like to eat the flesh of his dead brother? Nay, you would abhor it … but fear Allah: for Allah is Oft-Returning, most Merciful.’
15 Al-Baqara: 189: ‘They ask thee concerning the New Moons. Say: They are but signs to mark fixed periods of time in (the affairs of) man, and for Pilgrimage. It is no virtue if ye enter your houses from the back: it is virtue if ye fear Allah. Enter houses through the proper doors: and fear Allah that ye may prosper.’
16 Al-Nur: 27: ‘O believers! Enter not the houses other than your own, until you take permission and salute the residents thereof. This is better for you, haply you may be heedful.’
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20 Al-Hujurat: 12 (emphasis added).
21 Al-Nur: 19 (emphasis added).
22 Al-Hujurat: 12 (emphasis added).
23 Al-Hujurat: 11.
24 Koleini, Muhammad, Al-Kaafi, Qom. 1388, Vol. 2: 353 (emphasis added).
25 Al-Nur: 4 (emphasis added).
26 Al-Nur: 23 (emphasis added).
27 Al-Nur: 19 (emphasis added).
28 Al-Shu'araa: 221 – 222.
28 Al-Nisa: 148 (emphasis added).
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34 The Constitution of Islamic Republic of Pakistan, Vol. 1, 1st edn. Commentary by E. Zaffar (Lahore, Irfan Law Book House).
35 Ghayyur Hussain Shah v. Gharib Alam, PLD 1990 Lah. 432.
36 Manzoor Ahmad v. State, 1990 MLD 1488.