Qualitative analysis reveals that classical Shafi'i legal methodology provides normative foundations for personal data protection, highlighting the adaptability of Islamic jurisprudence to digital...
HRMARS - The rapid advancement of digital technologies in the modern era has fundamentally transformed human life through the widespread adoption of the Internet, social media platforms, cloud computing, the Internet of Things (IoT), and artificial intelligence (AI). This technological evolution has elevated personal data from being merely a means of individual identification to becoming a highly valuable strategic asset for individuals, corporations, and governments in advancing digital governance and the digital economy. However, the substantial increase in the large-scale collection, storage, and processing of personal data has also generated significant security and privacy concerns. These include personal data breaches, identity theft, unauthorized user profiling, and the exploitation of personal data for commercial and political purposes. This study aims to provide an in-depth analysis of personal data protection from the perspective of Maqasid al-Shariah, with particular emphasis on the legal reasoning (istinbat al-ahkam) methodology developed by Imam al-Shafi'i. Employing a qualitative research design, the study utilizes document analysis of classical works on usul al-fiqh, contemporary literature on Maqasid al-Shariah, and scholarly works on digital ethics and modern data protection law. The findings demonstrate that although the technical concept of personal data is not explicitly addressed in classical Islamic jurisprudence, the legal principles embedded within Imam al-Shafi'i's methodological framework provide a robust normative foundation for addressing contemporary issues of data protection. This is evidenced through the application of qiyas (analogical reasoning), the preservation of genuine public interest (maslahah), and the principle of trustworthiness (amanah). Furthermore, personal data protection is found to be closely aligned with the preservation of religion, life, intellect, dignity, lineage, and property, thereby underscoring the continuing relevance of Islamic law in promoting an ethical and human-centred approach to digital technology in contemporary Islamic civilisation.
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Hassan et al. (2026) studied this question.
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