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Privacy and trust in the Islamic perspective: Implication of the digital age

Conference Paper · March 2013

DOI: 10.1109/ICT4M.2013.6518898

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 2013 5th International Conference on Information and Communication Technology for the Muslim World.

Privacy and Trust in the Islamic Perspective:

Implication of the Digital Age
Muharman Lubis and Mira Kartiwi
Department of Information Systems
Faculty of Information and Communication Technology
International Islamic University Malaysia
muharman.lubis@gmail.com, mira@iium.edu.my

Abstract— In the name of Allah, most Gracious and most
Merciful. The digital age is slowly degrading the limitation and
common understanding of privacy and trust through digital life,
which has open world concept. It has become normal procedure
when the user must submit their personal details for digital
service such as social networking, electronic commerce, personal
hosting, etc. Meanwhile, to be able to revealing their privacy
willingly, user put their trust on organization to use their data
based on agreement. In this sense, user expects their privacy
right to be protected securely and actively. The dilemma
occurred due to commercialization, consumerism and legislation
as interaction issues, which shift the focus of user to identify the
importance of their personal data and organization to analyze the
process of data management. On the other hand, Islam gave the
basic understanding in privacy and trust that emphasize
important factor in human determination and intention. This
paper will focus on how to define the standard and limitation of
the concept privacy and trust based on Islamic perspective in
aligning with the implication of digital age related to interest,
classification and purpose.
Keywords— Privacy, Trust, Islamic Perspective, Implication,
Digital Age
I. INTRODUCTION
Nowadays, the fast movement on technology around the
globe can be seen easily by clicking on the fingertips to
retrieve or obtain important and useful information for our
daily life. Therefore, due to process of extraction and
collection of information, users engage with revealing their
personal data for the trust requirement with organization. For
certain reason, users are willing to disclose their privacy to
manifest the participation of trend as common sacrifice to be
made. Meanwhile, the level of popularity from provider or
sites brings the ease of putting trust of the user without
considering whether the protection implemented or still on the
concept. In this sense, privacy is practically examined as
emotional and ethical concept while trust as continuous
measure in accepting the risk. Key to any discussion of
privacy is a clear specification of what is at stake (what is
being kept private) and the parties against which privacy is
being invoked (who should not be privy to the information
being kept private) [10]. On the other hand, trust is defined [4]
as “the willingness of a party to be vulnerable to the actions of
another party based on the expectation that the other will
perform a particular action important to the trustor,
irrespective of the ability to monitor or control that other
party”.
People who engage with technology implementation and
development should realize and consider ethics in their flow of
work. It is believed that security of information can be
established not only through technology measures but also
with people's intention and behavior. When it comes to ethical
rules, including ones in business, the Qur’an and Sunnah can
be used a set of ethical terms to describe the concept of
privacy and trust with goodness and equity, equilibrium and
justice, truth and right, known and honesty, sincerity and
piety, protection of minorities and a wider accountability,
protection of confidentiality and transparency [16]. However,
the ability to prevent publication of personal data important to
be begins by the hand of individual to control the information
and its flow. In such instances, privacy is argued to be a
personal form of power of the citizen. Meanwhile, Warren
and Brandeis [6] highlight limitations to privacy which could
be determined by the way of analogy with laws of slander and
libel. The latter, for example, could not be used to prevent
publication of information of public officials running for
office. Hence a boundary was envisaged, in which the law
could determine where a person could and could not have a
‘right to privacy’. Thus this foundation [6] to the effect that
privacy was control over the dissemination of information
about oneself, albeit, limited in certain circumstances and
influence the use of trust as well.
A person’s right to life, personal security, privacy and
ownership are the most basic of all the fundamental rights and
liberties and are of concern to all legal systems and traditions.
To address them side by side with one another, as is attempted
in the present volume, is reflective of their natural priority and
significance. These rights are simultaneously the most
vulnerable to aggression and abuse. The aim of this paper to
review the implication of digital age towards privacy and trust
interrelationship based on Islamic perspective. The important
of approach align with Surah Al-Baqarah verse 187 and 229,
Surah An-Nisa’ verse 14, Surah Al-Maidah verse 45-50 and
Surah Taubah verse 63, emphasized on Muslim obligatory to
obey the provision and law decided by Allah without
exception, with limited to set the attribute of Islamic
understanding and practices with current implication of digital
age. It is realized that this view are not comprehensive yet and

978-1-4799-0136-4/13/$31.00 ©2013 IEEE

still at beginning, the author pray to Allah for the reward for
its good intention and forgiveness for its weaknesses.
II. MEANS OF DEFINING PRIVACY AND TRUST
BASED ON ISLAMIC PERSPECTIVE
Generally, Qur’an and Sunnah (Hadith) lie as the primary
sources of law and reference in Islam as the way of life for
Muslim. Every discussion to find solution of certain issue
should point the source (dalil) from both before decide the
conclusion with Qur’an and Sunnah as the priority
respectively while ijma’ (agreement between Muslim jurist)
and qiyas (adjustment) became the secondary sources.
Apparently, it was found in certain case the difficulties to
agree in one term because several reason, like the sources to
refer (Qur’an and Sunnah) seem contradict each other, the
difference understanding of thought (madh’hab) or method
(minhaj) and the custom among society (urf). For this reason,
it is important to look back on the tradition of prophet (peace
be upon him) understanding of the primary source and did
practice in their activity.
In this sense, the scholars (ulama) establish the advice and
stipulate the guidance (fatwa) based implementation on the
beginning phase of Islamic tenets and teachings. The Muslim
society will verify and crosscheck the evidence that scholar
used logically or with other scholar. The issues occur in
relation with the advancement of technology, which the
primary sources do not give clear and implicit explanation to
certain case. Therefore, the usage of technology in daily
activities has been encourage as long as it provides the support
and help for human for their benefit, focused on Islamic
tenets. The invention of technology can be assumed as the gift
from Allah to the mankind while the human as khalifah
(leader) are obligated to praise Allah for the gift.
To some extent, the right of privacy can be divided on the
three points, which are property, meeting/conversation and
evidence [12]. Fundamentally, unlike the Islamic Law which
fixed and unchanged, mostly the characteristic of modern law
as the resulted derived from majority votes or discussion
among legislator tend to changes periodically through certain
mechanism followed by some driver significantly. Moreover,
Islam protects the privacy of people tremendously apart from
penetration both criminal and civil legal. Obviously, people
expected to concern about their responsibility only and
excluded other own business. Normally, the attempt to make
gossip or talk-behind the person are not encourage and
forbidden, as recorded in Hadith Arbain Nawawi, no. 12 by
Tirmidhi that Prophet (peace be upon him) said “From the
perfection of a person’s good faith in Islam is leaving alone
what does not concern him” [2]. From this Hadith showed to
us the importance of being determined and concentrated to the
issues relevant and related to us only in improving our
capacity and capability.
In Surah An-Nur verse 27-28 mentioned that person
forbidden to enter the other’s property if he/she does not have
permission from the owners that become the obligation for the
puberty Muslim. In Tafsir Tabari, in explaining this verse, it
emphasized of the importance in giving greetings (salam)
before entering someone house. It has the function for
confirmation by saying something or giving sign, it can be by
saying Islamic way of regard; assalamu’alaikum or ‘may I
come in’ or other way around. Meanwhile, Tafsir Ibnu Katsir
paraphrased similar means which is knocking door three times
together with greetings as the respected approach to ask
permission from the owner. The permission from the owner is
the only way to validate and authorize for the visitor to enter
the house [1]. In this verse, the area inside the house solely
and completely in the hand of owner to allow someone enter
or not. Here, the area is defined through blocking factor in
protected wall and door as the component of authentication.
Moreover, other issue relate to authorization to deliver
access limitation explained concussively in same Surah verse
58. Tafsir Tabari mentioned the general rule from this verse,
which indicated the slave (whom your right hands possess)
includes man and female as well as those who have not yet
reached puberty to ask permission if they want enter or access
the area of their Master especially when taking a rest and
relaxing in three time of privacy. Although, the person
involved in this case are the internal staff or even have close
relationship with the master, still the verbal or might be note is
compulsory to allow their access. Meanwhile, Tafsir Ibnu
Katsir described what the three times are; before Fajr prayer,
Qailullah (take a nap in afternoon) and after Isya prayer,
whereby relative or not should respect of the individual right
of privacy, in the sense, those time are really valuable and
important times for Master to sleep or being alone without
being distracted or disturbed [1]. On the other hand, to define
trust and its importance, Qur’an explained its relationship with
responsibility and fairly, like when Allah commanded in Surah
Al-Baqarah verse 188, An-Nisa’ verse 58 and Al-Anfal verse
27. These verses emphasizes to the Muslim to be careful in
behaving and executing their activities because what they
want to do will determine the quality of just and trust.
Trust is really necessary to build and maintain friendships
or relationships in term of any kind activities. In the certain
situation, of course, the person cannot put trust automatically
without realizing or considering various factors like perceived
benefits, privacy concern, risk management, virtues and value,
etc. Nevertheless, the trust is essential in human interaction
and communication the sign of good character, improve the
commitment, decrease the pressure and burden and various
function, if the person place in the right spot. In Hadith
Bukhari, no. 42; Abu Huraira said that prophet Muhammad
(peace be upon him) decreed, “If the mandate (trust) is being
wasted, then wait for apocalypse (Day of Resurrection)". He
said, "How can we waste it?" Prophet (peace be upon him)
said, "If the case (affair) submitted to a non-expert, then wait
for judgment day”. Furthermore, in Hadith Muslim, no. 3268;
Abdullah ibn Mas’ud from Prophet (peace be upon him) said,
"For every person who treacherous will be given an ensign on
the Day of Judgment that says’ this is a betrayal of the so and
so". In aligning with previous two Hadiths, in Surah Al-
Hujraat verse 12, Allah said the forbidden things should be
avoided for Muslim, which is in relation of appreciating
others’ privacy and maintaining trust.
Respectively, Tafsir Tabari explained the verse as
forbidden command from Allah almighty, to having bad
perception to the others in general situation, talking about the
weaknesses of somebody to the others for fun or unjustly
reason and looking for the vulnerabilities of Muslim brother
and sister. Moreover, Tafsir Ibnu Katsir cited Hadith from
Abu Dawud, Malik and quote of Umar ibn Khattab which
added the important of having preventive approach to
avoiding the suspicious of Muslim brother through spying,
hatred, hostile, envious, jealousy and ghibah [1]. Privacy and
trust are mutually inclusive, which any of both components
cannot happen successfully without the other. Person will
reluctant to reveal their personal data if they do not have trust.
On the other hand, they cannot trust somebody easily if they
do not reveal or hide their personal data. These
interrelationships between privacy and trust show the different
of them in the form of legal document and human expression
to such object. In addition, in Sunan Abu Dawood book 36,
No. 4862, narrated by Abu Barzah al-Aslami, The Prophet
(peace be upon him) said: “O community of people, who
believed by their tongue, and belief did not enter their hearts,
do not back-bite Muslims, and do not search for their faults,
for if anyone searches for their faults, Allah will search for his
fault, and if Allah searches for the fault of anyone, He
disgraces him in his house”. Meanwhile, in Shahih Muslim
book 32, No. 6214, Abu Huraira reported Allah's Messenger
(peace be upon him) as saying: “Avoid suspicion, for
suspicion is the gravest lie in talk and do not be inquisitive
about one another and do not spy upon one another and do not
feel envy with the other, and nurse no malice, and nurse no
aversion and hostility against one another. And be fellow-
brothers and servants of Allah”.
III. TOWARD PRIVACY AND TRUST CONCEPT:
IMPLICATION FROM DIGITAL AGE
In digital age, Information Technology has essential
function as tool, application or component used in an
extensive, integrated and optimized manner to automate
process in improving quality and effectiveness. It has
transformed rapidly from a kind of luxury to somewhat a form
of a necessity. Although, it has brought an era with a vast of
changes over the past few decades but one should never
underestimate the implication towards its utilization, trend,
integration and operational. For example are the cyber
criminals’ activities whereby an individual or party doing
unlawful crimes through the Internet such as hacking the data
as the cases of fraud. In order to prevent such crimes from
happening, the relevant role must impose a strict law against
cyber-crimes or execute a heavy penalty to the offender of
misconducts. Apart from that, ethical dilemma be the major
issue in term of the widespread of pornography and violent
materials across the world. Anyone who has an Internet
connection on his laptop or web electronic devices may access
to those sites freely without any restriction even the ones who
underage.
The discussion about privacy participation and trust
measurement are varies greatly among culture and attached
into three major drivers [10] which are technological change,
societal shift and media discontinuity. Many sites in the terms
of transaction, marketing or political purpose are being
reconfigured by new technologies of identification,
monitoring, tracking, data analysis and control as the impact
of technological change. Popular activities include updating
whereabouts, sharing photos, archiving events, getting updates
on activities by friends, displaying a large social network,
presenting an idealized persona, sending messages privately
and posting public testimonials [3] became the societal shift
towards the digital life. Meanwhile, order processing system,
customer service, documentation system and data warehouse
which previously delivered manual or through tangible
activities for service or product between customer, broker and
organization, but currently, the process are integrated into
fully or partially automated because cost, time and scope
reason implicated media discontinuity. These examples of
digital reflection influence the concept and interrelationship
between privacy and trust.
To unprecedented event or emerging concern because
specific occasion or blowups, lead to debate on limitation of
privacy and trust. The root motivation is related to
communication goals for maintaining relationships and
prevention approach for securing the assets. In addition,
cultural and development aspects can have as great an impact
on the protection of privacy as the legal rights do themselves.
The willingness and ability of industry to support consumer
privacy presumably reflects both the perceived benefits and
the availability of resources. Separating out where differences
in privacy are related to culture or development is not always
easy and there is a significant interplay between national
security interests and privacy protection [10].
In nutshell, the digital age has re-defined communication
and took it to different level that what we know yesterday
quickly, while at the same time, we cannot abandon or isolate
ourselves from the advancement of technology, even obvious
the disadvantages somehow, exceeded the benefits. The
disclosure obligation can be viewed as a positive contribution
to transparency. Moreover, the risk of disclosure likely creates
or reinforces appropriate economic incentive for service
providers to take reasonable care with customer data and with
network and service infrastructure [10]. Privacy rights are
invoked to prevent the disclosure of such information. Further,
some kind of balancing of competing interests may be
necessary. Lastly, balancing is a task that is essentially
political and thus the political and societal power of various
interest groups is critical to understanding how tradeoffs and
compromises on privacy develop [9]. Therefore, to develop
further the definition of privacy, encompassing these three
contingents, the following questions need to be addressed [7];
In the circumstances above, has the citizen loss or gained
privacy? Is the citizen aware in the circumstance that they
have lost or gained privacy? Does the citizen approve of the
loss or gain in privacy in the circumstance?
A knowledge-based and information-rich society is a
necessity for the survival of Muslims as reflected in a
Prophetic tradition that compares the Muslim Ummah
(society) like a single and unified body. In order to achieve
coordinated movement and cooperation, the flow of
information must be free, mutual and productive. However,
these criteria still difficult to be achieve due to interest,
regulation, intention and managerial constraint. Meanwhile,
potential utilization of technology, positive impact towards the
society and efficient implementation in the media can be
enhanced through critical evaluation and assessment of their
use by judging the implication against the conceptual values of
Islam. Control over the process of governing information “that
satisfies the business requirement of” enlarging and improving
the scope of governance “by focusing on” similarities and
differences between Islam and technological solution “is
achieved by” recommending Islamic principles to be
embedded in and applied to governing processes “and is
measured by” tangible and intangible improvements and
amendments in practice [15]. One of the best controls over
society is through code of ethics, which based on Qur’an and
Sunnah as the understanding of Prophet’s companion.
Furthermore, in Surah Al Mu’menun verse 8, it is clearly
mentioned that trust are the component to be called as
Mu’min, the higher classification of follower of Prophet
Muhammad (peace be upon him) and slave of Allah that just
being Muslim. For a labeling system to be effective, the
criteria used by the labeling authorities and the way in which
compliance with those criteria is checked must be transparent
and must be effectively applied [10]. However, from study
[10] proved that trust is not as necessary in the building of
new relationships as it is in face to face encounters. They also
show that in an online site, the existence of trust and the
willingness to share information do not automatically translate
into new social interaction. The widespread of ordinary data
breaches around the world demonstrates how real the danger
of critical infrastructure attack. As the hackers increase in
terms of sophistication and technical expertise, and as the
critical information infrastructure becomes more massive and
intricate, it is more vulnerable to attack [14].
Islamic law (Sharia) places great importance on the
protection of information by attaching to it a proprietary right
and its infringement may result in civil and criminal liabilities,
that information asset aptly constitutes property in law [13]. In
the Islamic perspective, the right of privacy and trust mainly
concerned with boundaries, ownership and ethics with
emphasizing individual right in utilizing their belongings or
their properties such as prohibition to eavesdropping, the other
should fulfill promises to keep the confidentiality of
agreement and the attempt from individual to protect their
assets, which assisted by government from interception.
Nevertheless, this right is shifted which can be changed
through some justification from interest party.
IV. PROTECTING PRIVACY AND TRUST
IN DIGITAL AGE
Generally, the use of technology becomes such easy
process for individual and organization. The organization
simply introduce and advertise its company and product to
customers, while the customer may gain all the information
including good, pros and cons about the company and product.
In aligning with the corporation purpose to increase the profit
significantly by recognizing the loyal customer as well the
categories of their buyer so they can serve better later.
However, in certain case, the potentiality to cross authority is
obvious, whereby the corporation can submit the customer
data to third party for several reasons such as investment,
transaction, exchange, etc. Meanwhile, the employee can use
the data for their own benefit such as transaction which
negatively can lead to harm customer physically or
emotionally such as cyber-stalking, robbery or kidnapping.
The prevention strategy is not relevant to only in the
regulation by government but also should be imbued in the
corporation policy and procedure as the impact tremendously
can degrade customer trust to lower level. Therefore, using the
technology may increase the company cost, in certain case can
degrade the financial status. For example, although machinery
can reduce the labor cost, the machine maintenance is
incredibly high related to spare part, maintenance cost and
hiring the consultant or expert.
Most people have a strong sense of the personal
information that is suitable, appropriate or relevant to
particular situations, circumstances or relationships. When
information is accessed suitable for a particular situation, it
usually is readily shared; when appropriate information is
stored and applied appropriately to a certain circumstance, it
draws no objection and when information is relevant to such
relationship, it is useful for decision making. These
developments in information technology and practices have
meant that is virtually no limit to the amount of information
that can be recorded, to the scope of analysis that can be done,
bounded only by human ingenuity and the information may be
stored virtually forever [8]. There are some of essential points
regard privacy, in the sense of the party against which privacy
is being invoked may have some reason for wanting access to
the information being denied [9]. For instances, government
investigate the behavior trend and essential items when
conducting ‘safety policy’ for citizen at night through CCTV
or terrorist investigation; the curious parents who want to
know what inside from ‘inbox’ email of their children to
ensure whether their children consume drugs or not; many
other cases happen when right of privacy is collided
subjectively because responsibility, authority or security.
Illegitimate intrusion of one's privacy and unlawful
infringement of one's personal, sensitive or confidential
information are disease that has to be prevented or even
eliminated. Due to the harm this it potentially causes, this
intrusion and infringement is not only an ethical misbehavior
but also a serious offence and threat to public security [13].
Legal protection of privacy could in principle be enshrined as
a legal right in a country’s constitution, effectively crafted as a
legal right through judicial interpretation of the constitution,
implemented through comprehensive privacy legislation, or
implemented through narrower and more targeted (e.g. sector-
specific) legislation [10]. To tackle such issues the authority
might take several actions such as banning the relevant content
from the view of the public or could be by filtering before
releasing to the general audience.
In relation with the implication, the privacy and trust are
the major component got affected such as when individual do
invasion. One of the main problems arises from the issues of
plagiarism of intellectual property. The cases of plagiarism
can be also prevented or reduced by setting up an organization
to monitor the works of academician and practical by enacting
regulation. In other level, cyber-bullying and cyber-stalking
also become most cases affected by personal data have been
revealed by respected organization because weak enforcement
of regulation in monitor and control implementation of
privacy policy lead to less trust from citizen towards
government and industry. Thus, companies must adequately
protect their business assets or be subject to stockholder suits
and customer information in their custody or they may face
legal suits on privacy infringement.
The rapid expansion of communication technology made it
easier to collect data and pass information among the
employers, customer or people to establish what it is known as
e-communication. Industries have now the capabilities to
improve their products in more efficient manner upon
receiving instant feedback from immediate platform such as
social network. With this feedback, it is easier for them to
troubleshoot and improve the performance. Relatively
speaking, corporation can evaluate the impact of other product
from competitor by online or hire the competitor employee. It
revolutionized the communication process to beyond
expectation and made more efficient to determine what-to-do
and what-will-we-do but it has brought ethical issues among
society and intra-organization. The point in infringement is not
related to the organization intention or objective in collecting
the data but the activities after that, which involve the attempt
to increase the profit but through illegitimate approach without
customer consent or clash with contract and agreement. It
could be occurred due to lack of control among internal
organization towards their human resources or it might due to
lack enforcement and jurisdiction of the regulation in certain
country. For company that uses technology for their efficient
activities, they are required to provide training programme in
order to make sure the staff that will use the system familiar to
the limits and boundaries.
In digital age, the component of trust is believed will be
used in the process calculation of perceived cost. High trust
would lead to a perception of low cost and vice versa. Studies
of interpersonal exchange situations confirm that trust is a
precondition for self-disclosure, because it reduces perceived
risks involved in revealing private information [5] In aligning
with Meeks [11] suggestion to protect the value of privacy and
trust, the citizen need push the envelope to protecting privacy
of forestalling the swift erosion of our personal lives and hold
the government and those in authority over us accountable for
protecting the information they are entitled to collect on us.
Several major developments also consciously have influence
privacy in terms of globalization, multimedia and
convergence. We have not yet arrived at a definition of
privacy but we can say that at least there are three main
contingents. Firstly, the contingent of a psychological state, in
that when a person feels their privacy has been violated, they
feel a form of psychological invasion or hurt. Next, the
perception of the power to control what others may learn of
the holder of the privacy. Lastly, the power to control the
circulation of information that others have acquired hold the
important roles. Ideally, to prevent social disruption and
support development; organization and government can
highlight its social integration function in the process of new
products, in order to rebuild the integrated community while it
can be displayed in two ways: providing the non-choice news
to share common experience and expressing mainstream
values through agenda setting to guide public opinion [18].
V. PRINCIPLES AND PRACTICES BASED ON
ISLAMIC APPROACH
As our world connects more interactively and intricately
more than before, a lot of disadvantages could endanger
people, though the benefits also should be optimized.
Ironically, it sounds like unimportant thing when the case
reported only was recognized as small matter, while it could
destroy the nation especially relate to behavior and attitude
like digital counterfeiting and illegal copies. In Shahih
Bukhari, 83, no. 26, Abu Huraira said that the Prophet (peace
be upon him) said: “We (Muslims) are the last (to come) but
(will be) the foremost (on the Day of Resurrection)." And
added, "If someone is peeping (looking secretly) into your
house without your permission, and you throw a stone at him
and destroy his eyes, there will be no blame on you”. In next
hadith in same book, no 27, 38 and 39 mentioned the same
punishment incurred for spying without permission, which the
victim can execute directly (on the spot) and with whatever
tools. Moreover, in Sunan Abu Dawood book 36, no, 5153,
the importance of privacy also became priority, which can be
defined based on ownership of isolated boundary, hindrance
from public view, intention of the perpetrator, direct
punishment and full authority of victim’s privacy rights.
In Hadith Muslim, book 10, no. 3898, from Abu Huraira
reported: Allah's Messenger (peace be upon him) owed
(something) to a person. He behaved in an uncivil manner
with him. This vexed the Companions whereupon prophet
(peace be upon him) said: He who has a right is entitled to
speak and said to them: Buy a camel for him and give that to
him. They said: We do not find a camel (of that age) but one
with better age than that. He said: Buy that and give that to
him, for best of you or best amongst you are those who are
best in paying off debt. Furthermore, Prophet (peace be upon
him) also has emphasized the duty of protecting the privacy of
people’s correspondence and communication whether or not
they take place in a private place, even if a private
communication is conveyed on the public environment. Even
those involved in shameful and sinful acts do not completely
forgo their right to privacy, according to Prophet (peace be
upon him), who commanded that Muslims not dishonor their
brothers and sisters who had been secretly involved in
disgraceful acts by revealing their secrets. Furthermore,
Prophet (peace be upon him) said “He, who looks into a letter
belonging to his brother, looks into the hellfire” and “If you
have been embroiled in an embarrassing sin, which God chose
not to disclose, do not disclose it yourselves” [12].
Meanwhile, from the history books, ‘while passing by a
private place, Umar ibn al-Khattab, one of the Prophet’s close
companions and the second Muslim Caliph (successor of the
Prophet as a political ruler) has overheard a group of people
chatting inside their private home, and it became obvious to
him that they were drinking wine. As he was the head of the
Islamic government at that time, and given that wine imbibing
is punishable under Islamic Law, Umar wished to carry out the
punishment himself. The drinkers argued that, if it were to be
delivered before a Muslim judge, Umar’s testimony must be
disregarded, because it was attained in violation of the
prohibition of spying on people’s private places. Umar
accepted that reasoning and refrained from punishing these
wine drinkers’ [12]. However, the enforcement is not
necessary directly by the victim unless the regulation allowed.
The evidence such as conveyance of testimony, document and
recording are needed to establish justice in privacy which
should be legislated [5] and trust which should be formulized
like stated in Surah Al-Baqarah 283 that emphasized scribe
and fear of Allah with trust.
In the case of Umar, as the Islamic practice in appreciating
privacy right, though such person committed forbidden thing
(called as disgrace); to not ask permission to enter somebody’s
property is categorized as privacy violation so the conveyance
became invalid. Nonetheless, if the forbidden activities
involve the other’s property, interest or life, it is called as
crime and the individual of privacy right are not useful
anymore. It is necessary to limit privacy right to some extent
by having criteria and standard, whether it implicates others or
not. There is also some debate regard the testimony that
conceal by other person who hear directly from the committed
person especially regard the issue on the debt, while some
argue it’s allowed while other reluctant because at one case
Prophet (peace be upon him) ever reluctant to hear the
confession from the person who committed crime until three
times [12]. The attempt to having description of privacy right
depend on the person in defining his/her properties, attribute
and information while they are bounded to government
regulation and surrounding responsibility. Despite of person
responsibility, the evidence of documentation important to
guarantying the individual right of privacy and trust in
preventing the opportunity of the other.
 In the past, privacy of information was almost non-existed
threatening the companies’ and even individuals’ secrecy.
Privacy as the activity to disabling of the process to view and
pass the data into the others through encryption though it
easily intercepts and decrypt. However, by using private
network and authorize the limited privileges to user in terms
of access control can reduce the potential privacy violation.
The cyber crime relate privacy occurred not because the
intention from illegitimate person or group but mostly the
chance given to them to access the data. With much Muslim
embracing digital age like the rest of the world, the necessity
on limitation of standard in terms of ethical and utilization
could guide the Muslim. It has to do in determining the right
and wrong of certain activities, even we cannot view one case
only with rigid perspective by white and black.
The implementation of fundamental principles such as
meticulous collection of data, authentication of source of
information, filtering and verification of the content of
information, assessments of impact and risks management,
proper custody of information, non-repudiation measures,
effective dissemination, preservation of confidentiality and
enforcement of law on the infringement has all found their
traces in many Quranic injunctions and Prophetic traditions.
Therefore, it is very accurate to conclude that Islam does
encourage, adopts and practices comprehensive principles of
privacy and trust. In addition, to embracing the concept of
what so called digital age, it is not necessarily isolate the
primary sources and adopt new approach. Islam teachings
already complete in sense of the principle and essence of the
concepts, so the approach which do not contradict the
teachings will be accepted. Islam refuses to distinguish
worldly affairs and affairs in the hereafter. It is meant that the
people are not relying much over digital technology in
following the trend. Meanwhile, Islamic work ethics might
lead to the commitment of the employee towards the
organization as they are devoted to the organization and
understands the value of contribution not only to the
organization but also society [17]. The hadith narrated in
Shahih Bukhari, book 62, no. 47, at least can conclude the
relationship between privacy and trust based on general
Islamic perspective [2].
VI. CONCLUSION
In conclusion, it explain explicitly that Islamic law protect
the right of privacy of each person relate to their property that
person forbidden to enter and also the conversation between to
person whether in private or public place unless the owners
give permission to be concealed, while that privacy can be
concealed when some person committed the crime that
implicated the other, but still around 4 witnesses should
describes does thing. In relation to impact of IT adoption in
various sectors, although tremendous benefit has been
obtained by individual or company, it does not mean
necessarily we can simply misuse the technology for the
wrong purposes or intentions. It is really important to
organizing our activities and to make right decision to be fair
to all affairs that we are in charge without any mean to being
injustice to any parties involve.
The attempt to not overexposing our personal information
should be comes from ourselves by understanding the
importance of objection of revealing the data as the beginning
step to protect our identity. Next, we must respect and
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appreciate other intellectual right and encourage right manner
to use of reference in citing and quoting the statement. Finally,
as Muslim, we must obliged by the rules that have been set to
us by Allah through Al-Quran and Sunnah, specifically as the
understanding of Prophet’s companion to identify its right
implementation and measurement of the concept. Lastly, as
Muslim, we should realize our accountability and
responsibility in any field that we involved, it should
accordance to sharia.
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