Yes, a Muslim scholar could plausibly make an argument that proprietary software or digital surveillance is *haram* (forbidden) based on various Islamic ethical principles. The argument would depend on how these technologies align—or conflict—with core Islamic values such as justice (*ʿadl*), privacy (*ḥurma*), transparency (*shafāfiyyah*), and the prevention of harm (*ḍarar*). Here’s how such an argument might be structured:
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### 1. **Proprietary Software as Haram:**
A scholar might argue that proprietary software can be *haram* under certain conditions, based on the following reasoning:
* **Violation of Justice and Fair Access:**
* Islam emphasizes economic and social justice. If proprietary software unjustly restricts access to knowledge or tools (especially if it creates monopolies or harms the poor), it could be seen as unjust (*ẓulm*).
* **Lack of Transparency and Accountability:**
* Proprietary software often hides its source code. This secrecy could be argued to violate the Islamic value of *amānah* (trustworthiness), especially if users are unaware of what the software does with their data.
* **Exploitation and Enslavement of Users:**
* If a company uses proprietary software to trap users in a system (e.g., via lock-in, surveillance, or manipulation), some scholars might liken it to economic or digital exploitation, which Islam strongly condemns.
**Supporting Precedents:**
* Some Islamic scholars have supported Free/Libre Open Source Software (FOSS) for its transparency, fairness, and communal benefit, which align more closely with Islamic ethics.
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### 2. **Digital Surveillance as Haram:**
This argument is perhaps even stronger under Islamic jurisprudence:
* **Violation of Privacy (*ḥurma al-khṣūṣiyyah*):**
* Islam places a high value on privacy. The Qur’an says:
> “Do not spy on one another…” (Surah Al-Ḥujurāt 49:12)
> Mass or targeted surveillance may fall under this prohibition.
* **Suspicion Without Just Cause:**
* Islam forbids acting on suspicion without clear evidence. Surveillance often involves monitoring people without cause, which can be viewed as unjust.
* **Fear-Based Governance and Oppression:**
* If surveillance is used by governments or corporations to oppress people, silence dissent, or instill fear, it may fall under *ẓulm* (oppression), which is categorically condemned in Islam.
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### Possible Counterarguments:
* **Public Interest (*maṣlaḥah ʿāmmah*):**
* Some may argue that surveillance or proprietary software is permissible if it serves the public good, like catching criminals or protecting users.
* **Intent and Context Matter:**
* Both proprietary software and surveillance are tools; their permissibility may depend on *niyyah* (intention) and how they’re used.
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### Summary
While there is no universal Islamic ruling declaring all proprietary software or digital surveillance *haram*, a Muslim scholar could reasonably construct an argument that they are impermissible in specific contexts—particularly when they involve injustice, exploitation, or invasion of privacy. These arguments would rest on well-established Islamic principles and values.
