Human Rights Law in the Big Data Era: Islamic IR Perspective and Maqashid Syari’ah Approach

Abstract

The rapid advancement of big data has created a paradox in the field of human rights enforcement, it offers powerful tools for documentation and transparency, while simultaneously posing serious risks to privacy, justice, and digital freedom. However, limited scholarly attention has been given to how Islamic ethical frameworks can guide the governance of big data in global conflict contexts. This study addresses that gap by asking: To what extent can Islamic International Relations (IR), particularly the principles of Maqashid al-Shari’ah, offer an ethical response to the misuse of big data in human rights violations?. Using a qualitative descriptive method and case 
study analysis, this paper explores the intersection between human rights law, the use of big data in conflict zones (e.g., Palestine-Israel), and Islamic ethical theory. The findings show that while big data has the potential to support justice and accountability through fast, verifiable digital evidence, it also reinforces digital inequality and surveillance when misused by powerful actors. From an Islamic perspective, principles like ḥifẓ al-nafs (protection of life) and ‘adālah (justice) can serve as moral compasses to guide ethical data governance and challenge the digital power imbalance. This study suggests that integrating Islamic values into digital policy and international law can strengthen human-centered technology and promote equitable global data governance.