Proceedings of the 1st International Conference on Science and Islamic Studies

ISSN: 3024-9058 (media online)

Volume: 1, 2023
Publisher: Universitas Islam Negeri Alauddin Makassar

The intersection of Islamic law and technology: navigating

ethical and legal challenges in the digital age
Muhammad Hendra Putra1

1Postgraduate Program, Universitas Islam Negeri Alauddin Makassar

Correspondence Email: [email protected]

ABSTRACT

This research investigates the intersection of Islamic law and technology in the
digital age, examining its impact on Islamic practices, ethical challenges, and
privacy issues. Employing a library research method, this study relies on existing
secondary sources, such as books, journals, and research reports. It assesses how
technology influences access to religious knowledge, social interactions, the digital
economy, and data privacy, with a focus on Islamic principles and values. The study
uncovers the significance of balancing technological advancements with Islamic
ethics. It identifies ethical challenges such as unwise technology use, dissemination
of incorrect information, misuse for harmful purposes, technology dependence,
and its influence on children's character. Moreover, the research emphasizes the
importance of protecting personal data and ensuring that technology aligns with
Islamic values. To navigate the intersection of Islamic law and technology
effectively, a comprehensive understanding of the ethical implications is essential.
Islamic principles encourage the wise and creative use of technology while
upholding moral values. Striking this balance ensures that technology contributes
positively to society, respecting the privacy and dignity of individuals, and aligning
with Islamic values.

Keywords: Islamic law, technology; ethics; digital; legal challenges

1. INTRODUCTION

In this digital era, the intersection between Islamic law and technology has become
a complex and compelling issue. Technological advancements have transformed the way
humans live, interact, and engage with the world around them. For Muslims, Islam serves
as the foundation for their worldview and the rules that govern all aspects of life, including
their relationship with technology. Islamic law, or Shariah, encompasses guidance and
principles that regulate worship, interpersonal relations (muamalah), economics, justice,
and morality. However, in this rapidly evolving digital era, the progress of technology and

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the emergence of various digital platforms and sophisticated devices present new
challenges that need to be addressed in the context of Islamic law and ethics.

In the context of Islam, the intersection between Islamic law and technology in the
digital era has become an increasingly relevant and attention-grabbing topic. As a
religion that encompasses all aspects of life, Islam has a broad scope of legal provisions
that involve various aspects, including technology. In addressing the challenges posed by
digital technology, Muslims and Islamic scholars strive to understand and apply Islamic
law appropriately in this context.

The intersection between Islamic law and technology in the digital era involves a
range of complex and diverse issues. This includes how Muslims worship, socialize,
participate in the digital economy, and manage information in an increasingly globally
connected environment. One of the significant impacts of digital technology is the easy
and rapid access to religious information. The internet has provided Muslims with access
to various sources of information and interpretations of Islamic teachings. However, in
this regard, new challenges arise regarding how to filter, validate, and ensure the accuracy
and authority of these information sources. The use of social media and other digital
platforms has also accelerated the spread of information and opinions, both in line with
Islamic law and diverging from it. Therefore, Muslims need to be critical and selective
when accessing and disseminating religious information.

Furthermore, digital technology has also transformed the way Muslims interact and
communicate. Social media, instant messaging platforms, and other communication
applications have facilitated the creation of virtual social networks and communities that
transcend geographical and cultural boundaries. This has expanded the scope of social
interactions and provided a new platform for sharing religious knowledge and
perspectives. However, at the same time, this phenomenon has also raised ethical and
legal questions regarding proper etiquette in communication, privacy protection, and the
dissemination of slander or content that contradicts Islamic teachings. Muslims are
required to uphold the integrity of their religion and ethics in their interactions in the
digital world.

One of the main challenges that arise relates to privacy and the use of personal data
in the context of digital technology. In this era, many Muslims use social media, instant
messaging applications, and online platforms to communicate, share information, and
build social networks. However, the presence of technology has serious implications for
privacy and the use of personal data. How can Muslims safeguard their privacy while using
these technologies? How can personal data protection be regulated and prevent the
misuse of personal information in the context of Islamic law? The intersection between
Islamic law and technology in the digital era also involves issues of privacy and data
security. In an era where personal data is highly valuable, the protection of privacy and
data security becomes crucial. For Muslims, this involves considerations on how to ensure
the security of personal data, avoid unauthorized profiling, and limit the dissemination of
unwanted personal information. In this regard, Islamic law holds relevant principles

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concerning individual privacy rights and responsibilities in managing and protecting

personal data.

Furthermore, in the economic realm, digital technology has brought about new
business models such as e-commerce, cryptocurrency, and digital financial services. In
this context, Islamic law, which governs transactions and economic justice, needs to be
adapted to the challenges and opportunities presented by the digital economy. For
example, Islamic law prohibits practices involving usury (interest) and unfair transactions.
Therefore, questions arise regarding how Islamic legal principles can be applied in the
context of digital financial transactions, the use of cryptocurrency, and electronic
commerce.

In facing the intersection between Islamic law and technology in the digital era,
Muslims need to consider Islamic legal guidance, social context, and the impact of
technology when making decisions and implementing their religious values. Islamic
scholars and religious leaders play a crucial role in understanding and articulating Islamic
principles in this digital context. Through in-depth discussions, research, and profound
thinking, Muslims can find a balance between religious values and the demands of the
time, enabling them to harness the potential of technology positively and in line with the
fundamental principles of Islamic law.

By gaining a deep understanding of Islamic law and technological advancements,

Muslims can seek a balance between religious values and the demands of the time. In
facing the intersection between Islamic law and technology in the digital era, Muslims
need to consider Islamic legal guidance, social context, and the impact of technology
when making decisions and implementing their religious values.

In this journal, we will explore some of the key aspects related to the interface
between Islamic law and technology in the digital age, as well as the efforts that have
been made to address these challenges. Thus, we can understand the complexity of this
issue and encourage a broader discussion on how to integrate Islamic law with ever-
moving technological developments.

2. METHODS

This journal uses a library research method approach, which is an approach used to
collect, evaluate, and analyze literature sources relevant to the research topic under study.
This method focuses on using existing secondary sources, such as books, scientific
journals, articles, research reports, and other electronic sources. Literature research
methods are useful for understanding and presenting existing information as well as
identifying trends, findings, and conclusions that can support or complement the research
being conducted.

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3. RESULTS AND DISCUSSION

a. The Influence of Technology in the Islamic Context

Technology has had a significant influence in the Islamic context. Through internet
access, Muslims can obtain extensive religious knowledge and access interpretations of
the Qur’an, hadith, and other religious sources. Communication through online platforms
enables the exchange of thoughts and religious discussions among Muslims around the
world. Digital financial services and e-commerce that comply with Sharia principles
facilitate halal financial transactions. Technology has also improved Islamic education
with educational software and online learning platforms. However, ethical and moral
challenges also arise, such as content that is inconsistent with Islamic values. Therefore, it
is important for Muslims to use technology wisely and ensure that it is used according to
religious teachings.

Social change is a process of change that occurs in the structures, norms, values,
and practices that exist in a society. In the religious context, social change can have a
significant impact on Islamic practices carried out by individuals and community groups.
In this paper, we will explore some of the social changes that have taken place and their
impact on religious practice.

One of the social changes that have occurred is a demographic shift. Demographic
developments involving urbanization, migration, and population growth can affect the
composition of religions in an area. When individuals with different religious backgrounds
live together in a multicultural society, Islam's practices can coexist, synergize, or clash
with each other. This can create the need for dialogue and adaptation between different
religious groups so that Islam's practices can undergo changes or adjustments to remain
relevant in a changing social context.

The development of information and communication technology has also had a

significant impact on religious practices. Advances in technology have changed the way
individuals access information and interact with their religion. Holy books and religious
writings can be easily accessed via the internet, and religious communities can gather
virtually through social media platforms. This is changing the way Islamic practices are
carried out, such as praying online, following sermons through live broadcasts, or
participating in religious discussion groups virtually. Technology can also help spread
Islam's teachings and expand the range of Islam practices, but it also brings new
challenges to maintaining the authenticity of traditional culture and values.

In addition, social change can also affect the interpretation and understanding of
religious teachings. The values and norms espoused by society can change over time, and
this can affect the way individuals view and practice their religion. Some Islamic practices
may undergo adjustments to suit evolving social values and norms. For example, in some
societies that are increasingly accepting of sexual diversity, there is debate and change in
religious practices regarding the recognition and inclusion of LGBT people in religious
communities.

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In the face of social change, religious practices can be a factor influencing change
or, conversely, a source of resilience and stability in society. Some Islamic practices can
survive and even strengthen themselves in the midst of change. Social media, while others
may experience a decline in popularity or change in fundamentals. The challenge for
religious communities is to preserve the authenticity of their teachings and core values
while responding wisely to social change.

In conclusion, social change has a significant impact on religious practice.

Demographic changes, technological advances, and changing social values and norms
can affect the way individuals practice their religion. For religious communities, the
challenge is to preserve the authenticity of their practices and values while remaining
responsive to the social changes taking place around them.

b. Ethical Challenges in the Use of Technology in Islam

The ethical challenge in the use of technology in Islam is an increasingly important

issue in today's digital era. Digital technology has provided great convenience and
benefits for society, but it has also created various ethical problems. Following are some
of the ethical challenges in the use of technology in Islam:

1) Unwise use of technology

The unwise use of technology can lead to ethical problems, such as addiction to
social media, violence in online games, and pornography. Therefore, Islamic education
needs to provide an understanding of ethics in the use of technology and strengthen
moral values in society. In addition, parents and teachers need to provide proper
supervision and guidance so that the use of technology can be done wisely.

2) Dissemination of incorrect information

In the digital era, spreading false information or hoaxes is easier. This can lead to
conflicts and losses for the community. Therefore, Islamic education needs to provide an
understanding of the importance of honesty and truth in communicating. In addition, the
use of information technology must comply with and monitor other uses in order to
create awareness of ethics in the use of information technology.

3) Using technology for bad purposes

The use of technology for bad purposes can harm others and is against Islamic
values. An example is the spread of negative content such as pornography, violence and
radicalism. Therefore, Islamic education needs to provide an understanding of ethics in
the use of technology and strengthen moral values in society. In addition, the use of
technology must be used for good and not harm others.

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4) Dependence on technology

Dependence on technology can reduce human ability to think critically and

creatively. Therefore, Islamic education needs to provide special guidance in the wise and
creative use of digital technology. In addition, the use of technology must be used as a
tool and not replace the human ability to think and be creative.

5) The influence of technology on children's character

The use of information and communication technology by the community makes

the world of technology increasingly sophisticated. However, the use of technology can
also affect the pattern of human life and culture of society. One of the impacts is the
influence of technology on children's character. Children who use too much technology
can lose the ability to interact directly with others and develop their creativity. Therefore,
Islamic education needs to provide special guidance in the use of technology by children
so that it can be done wisely and does not harm their character development.

In Islam, the use of technology must pay attention to ethics and morality.
Technology must be used for good and not to harm others. Therefore, Islamic education
needs to provide an understanding of ethics in the use of technology and strengthen
moral values in society. As professional teachers in the digital era, educators need to
understand and practice ethics in the use of technology so they can set a good example
for students. In conclusion, ethical challenges in the use of technology in Islam are issues
that are increasingly important in today's digital era. The right approach to the use of
technology can help people use it wisely and creatively. Therefore, Islamic education
needs to provide special guidance in the wise and creative use of digital technology,
strengthen moral values in society, and provide an understanding of ethics in the use of
technology. The use of technology must be for good and not harm others.

c. Privacy and protection of personal data in an Islamic perspective

Privacy and the protection of personal data are increasingly important issues in
today's digital era. From an Islamic perspective, privacy and the protection of personal
data are also important. In an article published by the Indonesian Ulema Council, it is
explained that Islam views the protection of personal data as the goal of sharia. This is
in line with Islamic principles, which respect human dignity and uphold human rights.
From the sad shari'ah perspective, personal data contains personal honor and dignity
that should not be disturbed.

This shows that in Islam, personal data is considered part of human rights that must
be protected. In addition, Islam also teaches that life and death are in the power of Allah
SWT so that nothing can interfere with the right to life of others. Therefore, the
protection of personal data is also part of the protection of human rights.

In Islam, the protection of personal data is also regulated in a clear and real way. As
explained in the article, Islam teaches that everyone must be guaranteed the right to life

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and freedom, but the rights of the congregation (public rights) take precedence over
individual rights. This shows that in Islam, personal data protection must be carried out
by considering the public interest. In today's digital era, the risk of crime in cyberspace
is increasing. Therefore, the protection of personal data is becoming increasingly
important. In the article, it is explained that there are three approaches to protecting
citizens' privacy rights in this digital economy era, namely legal, technological, and
ethical approaches. From an Islamic perspective, a legal approach is also important in
protecting personal data.

The protection of personal data must be regulated by a statutory regulation in order

to provide optimal protection for the public. In the article, it is explained that the purpose
of this research is to analyze the protection of personal data privacy rights from a human
rights perspective. This shows that in Islam, the protection of personal data must also be
seen from a human rights perspective.

From an Islamic perspective, privacy and protection of personal data are very
important and must be respected. This can be seen from several basic principles in Islam,
such as the principles of justice, freedom, and human rights. For example, in the Al-
Quran, there is a verse which states that everyone has the right to privacy and personal
security, as contained in Surah An-Nur verse 27: "O you who believe, do not enter a
house other than yours before asking permission and greets its inhabitants. Thus Allah
explains to you His laws so that you understand them."

In addition, in the hadiths of the Prophet Muhammad, there are also teachings about
the importance of maintaining personal privacy and security. For example, the Prophet
Muhammad SAW once said that "Every Muslim has the right to five things: religion,
honor, soul, property, and the honor of women."

In the context of personal data protection, Islam also emphasizes the importance of
maintaining the confidentiality of one's personal information. This can be seen from the
principle of confidentiality in the relationship between doctors and patients, as well as
between lawyers and their clients. In Islam, the confidentiality of this personal
information is strictly guarded and can only be disclosed with the permission of the
owner of the information.

In today's digital era, where personal information is often stored and processed
digitally, it is important for Muslims to pay attention to the privacy and protection of
personal data. This can be done by choosing an application or platform that has a clear
privacy policy that complies with Islamic principles and by not sharing personal
information carelessly.

From a comparative legal perspective, the protection of personal data privacy is also
important. In the article, it is explained that the protection of personal data privacy must
be regulated by a statutory regulation in order to provide optimal protection for the
public. This shows that in Islam, personal data protection must also be regulated by a
statutory regulation. Privacy and the protection of personal data are important from an

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Islamic perspective. Personal data is considered a human right that must be protected.
Protection of personal data must also be carried out by considering the public interest.
In today's digital era, the protection of personal data must be regulated by a statutory
regulation in order to provide optimal protection for the community.

The ethics of using social media and digital communication from the perspective of
Islamic law is very important to understand so that their use does not violate Islamic
values. The following are some important points that can be drawn from the sources
found:

d. Islamic legal response to digital content that violates religious values

In Islam, digital content that violates religious values is considered an act that is not
permissible. As Muslims, we are required to respect copyright. The Indonesian
government also wants social media to be used for productive things, encourage
creativity and innovation, and improve people's welfare.

In promoting products labeled sharia in online media, empirical juridical research

shows that the object of legal review of promotional content for products labeled sharia
in online media is to find out whether the content follows Islamic religious values.
Religious moderation in the digital realm is very important to voice religious narratives
according to moderate, essential, and tolerant religious values. Basic Natural Sciences
from an Islamic Perspective in Higher Education also contain Basic Natural Sciences that
are integrated with Islamic values. From the perspective of socio-cultural anthropology,
the construction of religious moderation in Indonesia shows that Islamic radical and
fundamentalist groups have non-religious educational backgrounds.

In digital content, several Islamic religious values must be maintained, including

Respect for Allah SWT and Rasulullah SAW, Respect for copyright and privacy, Respect
for other people and the environment, Concern for truth and justice, and Concern for the
welfare of society and the environment.

In the 21st century of digital literacy, research shows that revitalizing the values of
Islamic education in 21st-century digital literacy is very important. Young people need to
create positive content in digital form and make it as creative as possible to spread the
values of religious moderation. Therefore, each component of the family has an important
role in instilling religious values in children in the digital era. ICT learning in madrasas
must also integrate religious values into the learning content. Islamic religious values that
must be maintained in digital content include respect for Allah SWT and Rasulullah SAW,
copyright and privacy, other people and the environment, truth and justice, as well as
community and environmental welfare. Instilling religious values in children in the digital
era is very important for families and madrasas. Young people also need to create positive
digital content and make it as creative as possible to spread the values of religious
moderation.

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e. Navigating the Intersection of Islamic Law and Technology

Navigating the intersection of Islamic law and technology involves understanding

the role of technology in Islamic civilization and the Islamic perspective on science and
technology. Here are some key points from the search results:

1) Islamic civilization viewed technology as a legitimate branch of knowledge. Muslim

scholars in the past paid attention to practical knowledge and classified applied
sciences and technological subjects alongside theoretical studies.

2) There were several factors that contributed to the advancement of science and
technology in Islamic civilization, including the Islamic religion, governments that
supported science, the Arabic language, education, respect for scientists, research,
and international trade.

3) Islam does not prohibit the development and progress of technology, as it is

considered permissible However, it is important to note that the use of technology
should be in accordance with Islamic principles and values.

4) Islamic civilization had a rich history of scientific and technological achievements,

including in the fields of navigation, timekeeping, measurement, and engineering.

5) The Islamic perspective on science and technology emphasizes the importance of

seeking knowledge and understanding the natural world as a means of recognizing
and appreciating God's creation Islam encourages the pursuit of knowledge and
views science and technology as a means of achieving human welfare and well-
being.

6) To navigate the intersection of Islamic law and technology, it is important to

consider the ethical implications of technological advancements and ensure that
they align with Islamic values and principles This involves understanding the
Islamic perspective on technology and applying it to contemporary issues and
challenges.

CONCLUSION

The intersection of Islamic law and technology is a complex and evolving topic that
poses ethical and legal challenges in the digital age. Here are key points from the search
results:

a. Privacy and Trust: One paper delves into defining the standards and limitations of
privacy and trust concepts from an Islamic perspective, aligning them with the
digital age.

b. Sharia and the Law: Sharia governs the personal religious practices of Muslims
worldwide. However, the question of whether it should influence modern legal

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systems remains debated. Even in countries like Iran and Saudi Arabia, which claim
to follow Islamic law exclusively, European-style law also holds sway. Opinions on
striking the right balance between Islamic law and secular law differ.

c. Religion in the Digital Age: Digital technology is fundamentally altering what it

means to be human, including one's religious or spiritual identity. The increasing
interaction between technology and religion is a lasting phenomenon. An article
explores how counseling and religious edicts (fatwas) are now easily accessible with
a simple click.

d. Privacy and Religious Minorities: Muslim Americans have faced heightened scrutiny,
leading to neglect of their privacy in the name of national security. Instances such
as the sale of personal location data by apps like Muslim Pro and Muslim Mingle to
the US military and defense contractors have raised concerns. The NYPD also
employed digital means to track Muslims' location data and name changes for
potential signs of radicalization.

In summary, the intersection of Islamic law and technology raises crucial questions
regarding privacy, trust, and the balance between religious and secular legal systems. It
underscores the necessity for comprehensive federal privacy legislation to protect the
privacy of individuals advocating for reproductive rights and religious minorities.

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