PERSONAL DATA PROTECTION IN THE DIGITAL ERA: AN ISLAMIC LEGAL AND HUMAN RIGHTS PERSPECTIVE

The rapid expansion of digital technologies has transformed personal data into a valuable resource for economic, social, governmental, and technological activities. The increasing collection, processing, storage, and exchange of personal information, however, has generated serious concerns regarding privacy, surveillance, unauthorized access, data misuse, discrimination, and individual autonomy. Personal data protection has therefore become not only a technological and legal issue but also an ethical and human rights concern. This study aims to examine personal data protection in the digital era from the perspectives of Islamic law and human rights through a qualitative library research approach. The study critically analyzes relevant academic literature, Islamic legal sources, contemporary legal frameworks, international human rights instruments, and scholarly discussions concerning privacy and data protection. The findings indicate that personal data protection is consistent with fundamental principles of Islamic law, particularly the protection of human dignity, privacy, property, and the prevention of harm. Islamic legal principles concerning the prohibition of spying, unauthorized disclosure of private information, intrusion into personal affairs, and unlawful appropriation provide a normative foundation for protecting personal data. Furthermore, the objectives of maqāṣid al-sharīʿah provide a comprehensive framework for evaluating digital data practices according to their benefits, risks, proportionality, and consequences for human welfare. From a human rights perspective, personal data protection is closely connected with the rights to privacy, dignity, autonomy, equality, and freedom from arbitrary interference. The study argues that Islamic law and human rights share substantial normative convergence while offering complementary foundations for digital privacy governance. The study proposes an integrated framework based on consent, purpose limitation, data minimization, confidentiality, security, transparency, accountability, and prevention of harm. Such a framework can contribute to the development of ethically grounded and human-centered personal data protection policies in the digital era.

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