اخفاء کی حدود: اسلامی قانون اور پاکستانی ملکی قوانین کا تجزیاتی و تقابلی مطالعہ

The Limits of Ikhfāʾ (Privacy): A Comparative and Analytical Study of Islamic Law and Pakistani Domestic Legal Frameworks

Abstract

This study examines the concept and limits of privacy through a comparative analysis of Islamic law and Pakistani domestic law. It demonstrates that privacy is recognized as a fundamental value in both systems, though its interpretation, scope, and mechanisms of enforcement differ significantly. Islamic law grounds privacy in human dignity, moral responsibility, and social reform, treating it not only as a right but also as an ethical and religious obligation. At the same time, it does not regard privacy as absolute, allowing justified limitations in cases of justice, protection of the oppressed, public interest, and social order. Pakistani law, particularly through constitutional provisions and judicial interpretations, recognizes privacy as a fundamental right linked to human dignity and the right to a respectable life. However, its protection remains primarily legal and institutional, subject to statutory limitations, state interest, and national security considerations. The comparative analysis reveals that both systems share the objective of safeguarding human dignity, while differing in ethical orientation and enforcement structures. The study concludes that meaningful harmonization between Islamic principles and domestic legal frameworks is both possible and necessary for developing a balanced and effective privacy regime.