The Right to Privacy in Sharia and Human Rights: The Muhtasib’s Intervention in Personal Life

By Justice-Focused Women [1]

1. Introduction

The right to privacy is one of the fundamental values in any legal and ethical system and plays a vital role in preserving human dignity and freedom. In Islamic Sharia as well, concepts such as satr al-ʿawra (concealing faults), the sanctity of non-interference (hurmat al-tajassus), and respect for human dignity hold a special place. At the same time, the international human rights system recognizes this right as one of the basic human rights in various instruments, including Article 12 of the Universal Declaration of Human Rights and Article 17 of the International Covenant on Civil and Political Rights.

Nevertheless, in some Islamic societies such as Afghanistan, the implementation of the principle of promotion of virtue and prevention of vice and the role of the muhtasib (moral enforcer) in applying this principle within society have consistently created tensions between the protection of religious values and the preservation of individual freedoms. The central question of this study is: To what extent is the muhtasib’s intervention in individuals’ private lives compatible with the principle of privacy in Islamic Sharia and international human rights standards?

2. Legal and Jurisprudential Analysis of the Topic

a. The Concept of Privacy in Islam

Islam, as one of the most complete divine religions, provides clear and precise rules for every aspect of human life. Accordingly, Islam strongly emphasizes the right to privacy as both an individual right and a social responsibility. Islamic teachings regard privacy as encompassing personal and family life, correspondence, and individual secrets, and consider any violation of it as an infringement of personal rights. The Noble Qur’an explicitly commands respect for the privacy of others in several verses.

For instance, in Surah al-Nur (24:27) it states: “O you who have believed, do not enter houses other than your own until you have asked permission and greeted their inhabitants.” This verse establishes that entering another person’s home which constitutes their private sphere,  requires the owner’s permission.

Similarly, Surah al-Hujurat (49:12) prohibits spying and searching: “O you who have believed, avoid much suspicion; indeed, some suspicion is sin. And do not spy or backbite one another.” This verse clearly instructs believers to protect others’ secrets and refrain from interfering in people’s affairs.

The Prophet Muhammad (peace be upon him) also emphasized respect for privacy. A hadith narrated from him states that if a person enters another’s house without permission, it is as if he has violated that person’s privacy.

In summary, these Qur’anic verses and hadiths demonstrate that respecting others’ privacy is essential both for maintaining social order and for preserving their honor and dignity [2].

b. The Human Rights Perspective on Privacy

Modern human rights law also recognizes the right to privacy as one of the most basic and fundamental human rights, and it is enshrined in major international human rights instruments. The Universal Declaration of Human Rights, one of the most important global documents, addresses privacy in Article 12 as follows: “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.”

This article affirms that privacy is an integral part of human dignity and that any interference — whether by the state or by individuals — is impermissible. Privacy includes personal life, place of residence, and personal information [3].

The International Covenant on Civil and Political Rights, a binding international treaty, similarly protects the right to privacy in Article 17: “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.” This provision reinforces the Universal Declaration and underscores that privacy is not merely a personal right but an essential condition for safeguarding human dignity [4]. Thus, from both Islamic and human rights perspectives, privacy is protected not only as an individual entitlement but as a core element of human dignity.

c. The Scope of the Muhtasib’s Authority in Islamic Sharia

In the Islamic system, the muhtasib is the official or institution responsible for implementing the principle of amr bil-maʿruf wa nahi ʿanil-munkar in the public sphere of society. The muhtasib must possess qualities such as justice, religious knowledge, and adherence to courtesy and public interest while performing his duties. According to Articles 1 to 6 of the Law on Promotion of Virtue and Prevention of Voice (PVPV), the muhtasib’s task is to promote good conduct and prevent evil in society [5].

Although the stated objective of the Law on Promotion of Virtue and Prevention of Voice (PVPV) is to reform social behavior and safeguard religious values, Articles 16 to 22 extend the muhtasib’s authority to a very broad range of areas, including the media, markets, women’s and men’s dress, vehicles, public baths, and even private homes. This expansion of oversight — particularly in Article 22, which addresses “specific evils” — has blurred the boundary between legitimate public supervision and intrusion into individuals’ private lives [6].

While Islamic Sharia, based on Surah al-Nur (24:27) and Surah al-Hujurat (49:12), explicitly prohibits spying and unauthorized entry into people’s private lives, certain provisions of the Taliban Emirate’s Law on Promotion of Virtue and Prevention of Voice (PVPV) are formulated in a way that effectively enables the muhtasib to intervene in personal matters such as dress, behavior inside the home, or individual relationships.

A careful reading of the law reveals that, in practice, the line between public oversight and interference in private affairs remains ambiguous. From a jurisprudential standpoint, the muhtasib’s duty is limited to manifest and public evils that have clear social consequences, not to hidden behaviors within the personal sphere. Nevertheless, the expansion of the muhtasib’s powers into the domain of private life directly contradicts core Islamic principles such as the prohibition of spying, the concealment of faults, and the preservation of human dignity. This can lead to violations of privacy and a decline in public trust.

Although the law aims to reform society and strengthen moral values, the absence of a clear distinction between public and private spheres in certain operational articles (especially Articles 16 to 23) creates room for arbitrary interpretations and unwarranted interference. Revising the scope of the muhtasib’s authority in light of Qur’anic teachings and international human rights principles could establish a reasonable balance between religious values and individual freedoms [7].

3. Conclusion

The findings of this study demonstrate that although both Islamic Sharia and the international human rights system emphasize human dignity, individual freedom, and the sanctity of private life, significant differences exist in the manner and limits of implementing this principle. In Islamic jurisprudence, the muhtasib’s intervention in individuals’ lives is legitimate and justifiable only when it concerns manifest evils with direct social impact — because the purpose of hisba (moral enforcement) is to reform society and prevent public corruption, not to intrude into personal privacy and individual behavior.

Any intervention in private life without clear necessity and legal criteria conflicts with fundamental Islamic principles such as the prohibition of spying, the concealment of faults, and the protection of human dignity. Such actions can result in human rights violations and erode public confidence. Therefore, the review and redefinition of the muhtasib’s role in light of Qur’anic teachings and contemporary human rights principles is an unavoidable necessity. Such an approach can create a harmonious balance between religious oversight, the maintenance of social order, and respect for individual freedoms, while offering a coherent model of religious justice and human rights for Islamic societies.

Sources: 

[1] Graduates of the Legal Education Program offered by FTD-N. 

[2] “The Realm of Privacy in Islam,” August 3, 2017, https://al-islam.org/islam-and-rights-privacy-territory-abbass-khajeh-piri/realm-privacy-islam.

[3] “Universal Declaration of Human Rights | United Nations,” accessed October 21, 2025, https://www.un.org/en/about-us/universal-declaration-of-human-rights.

[4] “International Covenant on Civil and Political Rights,” OHCHR, accessed October 21, 2025, https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights.

[5] Islamic Emirate of Afghanistan, Law on Promotion of Virtue and Prevention of Voice (PVPV) (Kabul: Ministry of Propagation of Virtue, Prevention of Vice and Complaints Redressal, 1402), Articles 1–6.

[6] Islamic Emirate of Afghanistan, Law on Promotion of Virtue and Prevention of Voice (PVPV) (Kabul: Ministry of Propagation of Virtue, Prevention of Vice and Complaints Redressal, 1402), Articles 16–22.

[7] Islamic Emirate of Afghanistan, Law on Promotion of Virtue and Prevention of Voice (PVPV) (Kabul: Ministry of Propagation of Virtue, Prevention of Vice and Complaints Redressal, 1402), Articles 16–32.