The Role of Privacy on Hudud Laws in Sharia

This thesis examines the role of privacy on hudud (fixed punishments) in Islamic law and asks: to what extent should privacy play a role in applying hudud laws under sharia? Islamic law recognises privacy, yet it has not been prominently reflected in sharia rulings and applications which poses significant issues, particularly regarding zinā (unlawful sexual relations) because the absence of privacy protections risks breaching individual rights. Highlighting the integral connection between privacy and hudud (particularly zinā, and the protection and preservation of religion and the intellect), this thesis argues for the inclusion of privacy as a sixth maqṣad (objective) to reflect its critical role as a sharia objective, and for the decriminalisation of zinā when its proof contravenes the laws of privacy, and the decriminalisation of apostasy that does not involve social discord or treason.