Desy Damayanti, Rahma Hasna Naziha, Cucu Surahman

Perspektif Hukum Islam Terhadap Perlindungan Data Pribadi Di Era Digital

Introduction

Perspektif hukum islam terhadap perlindungan data pribadi di era digital. Riset ini mengulas perlindungan data pribadi di era digital dari perspektif hukum Islam. Menyoroti maqasid al-sharia sebagai dasar etis kuat untuk privasi data, menjamin keadilan & mencegah bahaya.

Abstract

The current digital era raises global issues on personal data protection, with many personal data leaks and weak legal frameworks. This research aims to explore the application of Islamic law to personal data protection by identifying challenges and opportunities. Descriptive qualitative method is used in this research to find out how Islamic values can be integrated in the legal framework of personal data protection. By collecting data through literature review and interviews, this study shows that the principles of Islamic law (maqasid al- sharia), emphasizing individual and public good provide a strong ethical and legal basis for the protection of personal data. However, integration with modern legal systems faces challenges, including low public awareness and technological gaps. Islamic legal principles such as hifzh al-'irdh and sadd dzari'ah have the potential to improve data protection policies, ensure fairness, and prevent harm in the digital age. The application of these principles offers a unique approach to creating a safer and more ethical digital culture. Islamic law provides an important contribution to the development of adaptive, ethical and comprehensive data protection policies, by encouraging collaboration between governments, communities and individuals.

Review

The paper, "Perspektif Hukum Islam Terhadap Perlindungan Data Pribadi Di Era Digital," addresses a highly pertinent and globally significant issue: personal data protection in the digital era, especially in the face of prevalent data leaks and weak legal frameworks. This qualitative study aims to explore the applicability of Islamic law to this contemporary challenge, seeking to integrate Islamic values into the legal framework for data protection. The research primarily concludes that fundamental principles of Islamic law, particularly *maqasid al-sharia*, offer a robust ethical and legal foundation for safeguarding personal data. A significant strength of this work lies in its specific identification and application of Islamic legal principles to modern data protection dilemmas. The abstract highlights *maqasid al-sharia*, emphasizing individual and public good, as a core ethical and legal basis. Furthermore, specific principles such as *hifzh al-'irdh* (protection of honor/reputation) and *sadd dzari'ah* (blocking the means to evil) are posited as having considerable potential to enhance data protection policies, ensuring fairness and preventing harm. This approach not only provides a unique perspective but also suggests a path towards fostering a more ethical and secure digital culture rooted in religious values. While presenting a compelling argument for the ethical grounding of data protection in Islamic law, the research also judiciously acknowledges critical challenges in its practical integration. Issues such as low public awareness and existing technological gaps are recognized as hurdles in seamlessly integrating Islamic principles with modern legal systems. Nevertheless, the study's call for collaboration among governments, communities, and individuals underscores a practical pathway for developing adaptive, ethical, and comprehensive data protection policies. This research offers an important contribution by advocating for an interdisciplinary approach that leverages religious ethics to inform and strengthen contemporary legal frameworks for personal data protection.

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