Maqāṣid al-Syarī‘ah as a Value Framework and Mediator of Dialogue in the Transformation of Islamic Family Law

A Thematic–Holistic Analysis of the Protection of Family Personal Data from Cybercrime

Abstract

This paper analyzes the protection of family personal data from the threat of cybercrime through a thematic-holistic study as both a methodological framework and a mediator of dialogue between Islamic jurisprudence and Indonesian positive law. The main issue lies in the increasing threat of cybercrime against family personal data, while studies of Islamic law and positive law remain fragmented and have not yet comprehensively integrated the two within the context of family protection. This study aims to explain how a thematic-holistic combined study can reinterpret the Qur’anic texts and hadiths regarding privacy, trust, and the prohibition of spying, as well as formulate a model for the protection of family personal data that aligns with the maqāṣid al-syarī‘ah. This study is a normative legal study using a qualitative approach through a thematic-holistic analysis of Qur’anic verses, hadith, and personal data protection regulations in Indonesia. The results of the study indicate that the protection of family personal data is an integral part of the objectives of Islamic law, particularly in realizing ḥifẓ al-nafs, ḥifẓ al-māl, and ḥifẓ al-'irḍ. Therefore, the integration of Islamic fiqh values and positive law can be understood as a form of maqāṣidī ijtihad relevant to safeguarding the security, privacy, and honor of the family in the digital age