The Case of Judge Ibn Hazm — When the Court Protected Privacy Against the State : EPISODE 83 скачать в хорошем качестве

The Case of Judge Ibn Hazm — When the Court Protected Privacy Against the State : EPISODE 83

EPISODE 83 — The Judiciary of the Andalusian Golden Age “The Case of Judge Ibn Hazm — When the Court Protected Privacy Against the State” Can a state violate privacy in the name of morality? Can illegal surveillance ever produce justice? And did Islamic courts recognize the right to privacy centuries before modern constitutions? In this powerful and intellectually rich episode, we explore a landmark judicial decision from Islamic Andalusia (Córdoba) during its Golden Age — a case presided over by Judge Ibn Hazm, one of Islam’s greatest jurists, thinkers, and legal philosophers. ⚖️ The Case A man was suspected of brewing alcohol — an act prohibited under Islamic law. Instead of following due process, state agents climbed the wall of his private home, entered without permission, and gathered evidence. When the case reached the court, Judge Ibn Hazm dismissed it entirely. Why? Because the evidence was obtained through: Illegal entry Invasion of private space Violation of Quranic injunctions Abuse of state authority Judge Ibn Hazm ruled that the state itself had committed a greater crime than the alleged sinner. 📜 Islamic Legal Foundation Relying on Quranic principles such as: Surah Al-Hujurat (49:12) — Prohibition of spying Surah An-Nur (24:27) — Sanctity of private homes Ibn Hazm famously declared: “If you violate his privacy to expose a sin, you commit a greater sin than him.” In his monumental work al-Muhallā, he established a timeless doctrine: ⭐ “Privacy is inviolable; the state may not enter a home without consent or lawful cause.” 🌍 Comparative Constitutional Law This episode draws a direct parallel with the landmark U.S. Supreme Court case Katz v. United States (1967), where the Court held that: Privacy is a reasonable expectation, not merely a physical place Warrantless surveillance is unconstitutional State intrusion requires judicial authorization 🇵🇰 Pakistan’s Constitutional Parallel Pakistan’s judiciary has echoed the same principle under Article 14 of the Constitution: Benazir Bhutto v. State (PLD 1988 SC 416) Recent phone tapping and surveillance cases These rulings confirm that privacy is a fundamental right, and the state cannot invade it without lawful authority. 🧠 Ratio Decidendi “A nation cannot have justice without privacy — and privacy without justice.” 🧭 Moral Lesson A society that breaks into homes in the name of virtue destroys its own moral foundation. This episode proves that Islamic jurisprudence protected human dignity, privacy, and due process centuries before modern constitutional democracies. ✍️ Author & Narration Narrated and authored by Mr. Zaheer Ahmad Meer Islamic judiciary, Ibn Hazm, Andalusian Golden Age, privacy in Islam, Islamic law and privacy, Katz v United States explained, Article 14 Constitution of Pakistan, Islamic constitutionalism, due process in Islam, Quran and privacy, surveillance law, Islamic legal history, comparative constitutional law, Muslim jurists, Islamic courts #IslamicJudiciary #IbnHazm #RightToPrivacy #AndalusianGoldenAge #IslamicLaw #ConstitutionalLaw #KatzvUnitedStates #Article14Pakistan #IslamAndJustice #PrivacyRights #JudicialIndependence #IslamicHistory #ComparativeLaw #HumanDignity