Dashboard camera and their elimination of Khalwa An objective jurisprudential study

Abstract

Abstract:

Technological advancements have significantly influenced human life, to the extent that some of them necessitate jurisprudential study due to their connection with certain Islamic rulings. One such issue is the impact of dashboard cameras (dash cams) on the concept of khalwah (seclusion). This study aims to examine scholarly opinions on the matter, trace different perspectives, and analyze them in light of the Islamic legal objectives behind the prohibition of seclusion with a non-mahram woman. It also seeks to determine the stance of jurists regarding a man being alone with a non-mahram woman in a vehicle and to assess how the presence of dash cams influences the ruling on such situations.

The research consists of three main sections and concludes with several key findings, the most notable of which include: recognizing the varied forms of khalwah and their corresponding rulings, highlighting the benefits of dash cams for monitoring and protection, and establishing that they are an accepted form of digital evidence in the judicial system. Additionally, the study underscores the validity of different jurisprudential views regarding whether khalwah is negated or still applicable in this context. Accordingly, it recommends applying precautionary measures to uphold the Islamic intent of safeguarding women, such as ensuring the continuous operation of the dash cam, maintaining clear visibility inside the vehicle, avoiding employment of drivers known for misconduct, and ensuring the ability to intervene if necessary for the protection of women.