Whether it's a legal scholar or a 7-year-old child that's bullied on the playground, it's hard to argue with this Harvard Law Review definition of privacy from 1890: “The right to be left alone.” Add to this simple concept a detailed U.S. Constitution and separation of powers to prevent abuse, and it seems like a no-brainer that we would leave alone those who have done nothing wrong.
Unfortunately, that simple concept seems lost on the NSA, as recent revelations indicate they invaded the privacy rights of prominent American Muslim lawyers for at least six years. As an American Muslim lawyer myself, who knows who else is reading my emails?
In spying on innocent American Muslim lawyers, the NSA likely violated the U.S. Constitution, and definitely violated the Qur’an’s powerful teachings on privacy.
Not only did the Qur’an champion privacy rights centuries before any modern constitution, but also, perhaps no law in history preserves the right to privacy as thoroughly and emphatically as does the Qur’an. Chapter 24:28-29 declares:
"O ye who believe! Enter not houses other than your own until you have asked leave and saluted the inmates thereof. That is better for you, that you may be heedful. And if you find no one therein, do not enter them until you are given permission. And if it be said to you, ‘Go back’ then go back; that is purer for you. And God knows well what you do. "
In our era of NSA surveillance and warrantless wiretaps, this Qur’anic teaching’s immense value should become crystal clear. The Qur’an forbids entering any home of another person, inhabited or uninhabited, without the owner’s permission. The Qur’an further commands people to retreat immediately when they're told to retreat from the home in question—all in the name of protecting a person’s privacy. The Qur’an makes no exceptions, but specifically commands, “enter not houses other than your own until you have asked leave.”
As far as “the right to be left alone,” how astutely the Qur’an declared thirteen-hundred years before Harvard Law, “if it be said to you ‘Go back’ then go back.”
In fact, Prophet Muhammad’s hadith, or teachings, detail how important privacy is in Islam:
"A man peeped through a hole in the door of God’s Apostle’s house, and at that time, God’s Apostle had a Midri (an iron comb or bar) with which he was rubbing his head. So when God’s Apostle saw him, he said (to him), “If I had been sure that you were looking at me (through the door), I would have poked your eye with this (sharp iron bar).” God’s Apostle added, “The asking for permission to enter has been enjoined so that one may not look unlawfully (at what there is in the house without the permission of its people).” --Bukhari
Some might allege that poking an eye is a cruel punishment. On the contrary, this hadith further emphasizes Islam’s ardent protection of an individual’s privacy. Privacy, particularly for women and minors—two classes that are most victim to sexual abuse—cannot be emphasized enough.
First, consider the ease with which a person can simply not take the unauthorized liberty of peering into another’s home without permission. Contrast that with the massive potential and actual harm that exists for those who are victim to such voyeurism. Based on the ease of compliance and the potentially devastating harm to a victim of privacy violations, an active deterrent is necessary to ensure that privacy—for all people—remains protected.
Thus, Islam places immense emphasis on privacy in ways that Western governments today have only begun to match with privacy laws. And with these NSA spying revelations, it seems that even Western government efforts in the modern era pale in comparison to the unmatched privacy laws Prophet Muhammad established fourteen-hundred years ago.
So NSA, stop spying on American Muslims and stop referring to your victims with derogatory remarks about Prophet Muhammad. Instead, if you wish to uphold the U.S. Constitution, learn about Muhammad’s ardent protection of human rights and privacy rights.
And hopefully then, we can finally be left alone.
Qasim Rashid is an attorney and national spokesperson for Ahmadiyya Muslim Community USA. The above is an excerpt from Qasim’s Amazon #1 Best Selling book on Islam, EXTREMIST. Find Qasim on Twitter @MuslimIQ.