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Islamic and European Perspectives on Data Privacy in Online Contracts

Parviz Bagheri, Nabeel Mahdi Althabhawi


The aim of the article is to discuss privacy laws in on-line contracts from the Shari’ah perspective. While much has been written on this subject from the modern perspective, few scholars have applied the Shari’ah lens. Privacy is the very soul of being human. It is not only about keeping personal information confidential but also about creating a trusted framework for collecting, exchanging, and using personal data in online contracts. Islamic law, on the basis of the holy Qur’an and Sunnah, gives great significance to the right of privacy. This fundamental human right is also recognized by modern western jurisdictions. The right to privacy and data protection for e-consumers in online contracts is crucial for the functioning of online commerce. This paper attempts to explore the extent of the sanctity given to the right to privacy in Islamic law. Although the paper is essentially about privacy law in Islam, reference is also made to European law on the same subject. The paper will show that in this regard, Islamic principles are not at odds with modern principles of privacy.
Key words: Data Protection | E-consumers Right | Privacy | Islamic and European Law | Online Contract

Parviy Bagheri, Associate Professor of Law, Ilam University, Iran. For Correspondence: <>. Nabeel Mahdi Althabhawi, Professor of Law, Universiti Kebangsaan, Malaysia. For Correspondence: <>.


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