Master'sOpen Access

Violations of personality rights on social media platforms in terms of Islamic law

2023
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Advisor: Dr. Öğr. Üyesi Yüksel Macit

Abstract (EN)

The Qur'an informs that humanity is the vicegerent of Allah on Earth and the most honored of His creations, thereby establishing its position in the Islamic faith. The religion of Islam safeguards various aspects of human life, including physical integrity, liberty, privacy, honor, and dignity, both religiously and legally. Islam has protected these elements that constitute individual rights through specific commandments and prohibitions, accompanied by both spiritual and worldly consequences in case of violations. Legally prescribed consequences can include sanctions defined by scriptural sources, such as retribution (qisas), blood money (diyah), and the punishment for false accusation of adultery (kazf hadd), among others. In cases where explicit scriptural guidance is absent, discretionary penalties (tazir) determined by a judge can also be imposed. These tazir penalties are intended to reform the offender and may involve actions like flogging, imprisonment, reprimand, exile, public humiliation, or fines. Social media platforms being readily accessible to everyone has led to a significant increase in violations of rights due to the indiscriminate use of these platforms by malicious individuals. The shares made on these platforms, along with security vulnerabilities and cybercrimes, result in the deterioration of individuals' mental well-being. Attacks on their material and spiritual assets, as well as violations of personal rights, occur frequently. These attacks, inherent to the nature of the platforms, garner extensive attention and are more prevalent than ever. The insufficient regulation of social media platforms, the ease of access for numerous individuals, the presence of uninformed users, and the transnational nature of social media, along with its technical characteristics, complicate the identification and proof of committed crimes, as well as determining the appropriate sanctions. Moreover, safeguarding the rights of humanity, which are deemed noble, holds significant importance in terms of Islamic law. Despite these challenges, it is imperative that any attack, regardless of the platform, is identified and the appropriate measures and sanctions are established.

Author

Dr. Kübra Geylani Ak

How to Cite

Kübra Geylani Ak (Master Thesis). Violations of personality rights on social media platforms in terms of Islamic law, 2023, İnönü University.

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