The Right to Privacy Between Spouses in Islamic Law

Moath Alnaief

Reda Abdelgalil

Kotb Rissouni

Maryam Almansoori

 

Abstract: This article analyses khuṣūṣiyyah (marital privacy) in Islamic law through a close reading of the Qur’ān, the Prophetic Sunnah and juristic doctrine. Furthermore, it examines various contemporary aspects of marital privacy, underscoring how Islamic Shari’ah regulates the personal and emotional boundaries within spousal relationships. Applying both deductive and inductive methods, the study identifies key legal principles governing spouses' privacy rights in modern contexts. Through a close textual analysis of primary Islamic legal sources, the study highlights how classical Shari’ah rulings address the lived realities of marital life, fostering balanced spousal relationships and promoting emotional well-being. The findings emphasise the dynamic role of Shari'ah in protecting spousal rights regarding private affairs, information, and personal particulars. Aligning with the legal principle “hardship begets facilitation,” conflicts between spouses require a flexible, compassionate approach to facilitate their reconciliation and promote mutual understanding and harmony. Resonating with the legal principle, “there should be no harm nor the reciprocation of harm,” the rights of each spouse ought to be upheld, with careful attention paid to avoiding any infringement upon those rights within the marital relationship. Furthermore, various reasons for infringing spousal privacy stem from doubt and unjust suspicion. Therefore, the legal principle, “certainty is not overruled by doubt,” plays an active and dynamic role in removing any doubt that might affect the structure of marital union and the integrity of marital partnerships.