Digital Surveillance and Family Privacy

An Analysis from Islamic Law and Human Rights Perspectives

Abstrak

The digital era has transformed the dynamics of family relationships through the increasing use of digital technologies to monitor family members, including location tracking, access to private messages, and the surveillance of social media activities. These practices create a dilemma between the need to protect and ensure the safety of family members and the obligation to respect individual privacy and autonomy. This article aims to examine the ethical and legal boundaries of digital surveillance within the household from the perspectives of Islamic law and human rights. This study employs normative legal research using conceptual, statutory, and comparative approaches. Data were collected through a literature review of Islamic legal sources, human rights instruments, relevant legislation, and scholarly works. The findings demonstrate that digital surveillance within the household should not be regarded as either absolutely permissible or entirely prohibited. From the perspective of Islamic law, surveillance may be justified when it serves the public interest (maslahah), protects family members, and prevents harm, provided that it is conducted proportionately and does not violate human dignity and honor. From a human rights perspective, however, the rights to privacy, freedom of communication, and personal integrity must remain protected, including within the family sphere. This study proposes a balanced framework for reconciling family protection and privacy rights by positioning the principles of maslahah, proportionality, necessity, and respect for individual autonomy as the fundamental limits of digital surveillance within the household.