Applications of the Right of Privacy between Spouses in the Light of Important Jurisprudence Rules in Islamic Shari'ah

Abstract

This research deals with the right to privacy between spouses and its applications in light of important jurisprudence rules, and it aims to clarify the meaning of the right to privacy between spouses and apply it on major jurisprudential rules.

 The study encompassed defining the jurisprudential rules and their importance, the meaning of the right to privacy, the five collective rules, and their relationship to marital privacy.

This research adopts the rooting, inductive, applied approach.

The most important results of the research are:

1- The meaning of the right to privacy between spouses in general means: the preservation of the right of each spouse to the privacy of his private affairs, information, and data.

2- Considering the intent to violate the right of privacy for either spouse according to the rule: "things are for their purposes".

3- That everything that is established between the spouses with certainty does not disappear or get raised by mere doubt, according to the rule: “certainty is not erased by doubt.”

4- The effort and hardship that accompanies some situations between spouses cause some facilitation with which the right to privacy between them begins to be violated, according to the rule: “Hardship brings facilitation.”

5- Prohibition of harming either spouse by infringing their right to privacy, according to the rule: “no harm, no foul.”

6- Considering norms and customs in considering the limits of the right to privacy between spouses, in the application of the rule: “Customs are courteous.”