Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Sanctity of Home in Islamic Law

Author(s): Omar Abu Al-Majd Mohamad

The place of dwelling enjoys a special status in terms of privacy & decorum, these terms are detailed in the Islamic law under the statement (sanctity of home). This statement entails protection of home from material & un material violation. Therefore, the current study aimed at investigating sanctity of home in Islamic law in terms of its connotations, necessity, privacy, & cases of forfeiture. This research used the inductive-analytical approach. This study showed that dwelling is a necessity of life, & it has garnered a special status in the Islam. Specific Islamic laws protect the sanctity of home and provide the dweller with quiet, stability and safety. However, when a home is used to inflict harm on others, there are other measures to tackle the case of abuse. This study concludes that: the home facilities are amenable to considerations of privacy; ownership of a home is ended only in a very limited number of cases; sanctity of home is totally or partially terminated only if that is in the public interest of the Muslim nation, e.g. if a particular dwelling becomes home for a crime affecting public security.

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