Data in Question: Ethics, Monetization, and Islamic Perspectives in the Digital Age
Introduction
In an era where data drives influence, profit, and policy, the question of who owns and controls information has become a defining issue of our time. In 2013, Chinese President Xi Jinping warned, “Whoever controls data has the upper hand”, and later emphasized that information control is central to national soft power and competitiveness. At the same time, thinkers like Shoshana Zuboff have cautioned against the rise of “surveillance capitalism,” in which personal experience is harvested as raw material, used not only to predict but to shape human behaviour—often without consent or compensation. These developments raise profound questions for Muslim societies: Can personal data be treated as a tradable asset? What ethical principles should govern its use? And what guidance does Islamic law offer in an age where digital footprints are both commodity and currency?
What is Big Data?
"Big Data" commonly refers to large volumes of digital data generated rapidly and continuously from numerous sources. Every online interaction—sending emails, shopping, or simply browsing—generates digital footprints, a phenomenon termed as the datafication of society. This datafication is the transformation of ordinary activities into structured data that can be analysed through computational methods. Today, data comes from an expanding range of technologies—social media, mobile devices, the Internet of Things (IoT), and artificial intelligence (AI). These diverse inputs form what are now considered "data assets," resources that are actively managed, analysed, and increasingly monetized.
Historically, data were seen as mere by-products of activities, particularly scientific research. Today, however, data represent an output of intrinsic value, recognised as a distinct asset across diverse domains of life and society. Data have thus become a notable social phenomenon, widely discussed in public discourse as a singular, cohesive entity. They are now essential tools for communication, economic exchange, and decision-making.
Role and Importance of Data Today
Data play an influential role in shaping contemporary society, governance, and daily interactions. Scientists, policymakers, journalists, and businesses increasingly adopt data-driven approaches, leveraging Big Data to understand and influence societal dynamics. Organizations use data to measure, validate, inform, and prompt decisions in socially and fiscally responsible ways. The more data circulates—across institutions, tools, and sectors—the more value it tends to accumulate, particularly when aggregated to analyse and predict human behaviour.
These data do not remain static; they are mobilized and analysed across multiple contexts—from sports and healthcare to education and commerce. When they remain siloed within a company or agency, their utility diminishes. But when shared, scrutinized, and combined with other datasets, they grow in interpretive and commercial value. Recognizing this, organizations increasingly design data systems not only to generate insight but also to create monetizable outcomes.
What is Big Data from an Islamic Perspective? A Right, a Physical Asset, or a Usufruct?
In Islamic jurisprudence, "maal" (wealth) is broadly defined by jurists as anything desirable and beneficial that can be owned, possessed, and stored for future us. There are two general categories:
Physical Assets ('ayn): Tangible items that can be physically possessed, like land, gold, or buildings.
Usufruct (manfa'ah): Benefits derived from assets, like renting a house or leasing a vehicle.
Additionally, contemporary jurists recognize intangible financial rights (huquq maaliyya ma'nawiyya), such as copyrights or patents, as valid forms of property. The majority of jurists—including those from the Hanafi, Maliki, Shafi'i, and Hanbali schools—permit monetizing these rights under specific conditions. These rights must be clearly defined, beneficial, transferable, and customarily recognized as wealth within society.
Big data refers to massive datasets used for analysis, predictions, and decision-making. Unlike traditional assets, data is intangible, reproducible, and non-rivalrous—its use by one party does not prevent others from using it. It is not a physical asset ('ayn) since it lacks substance. Neither does it fit neatly into the category of usufruct (manfa'ah), as its benefit is not time-bound or tied to the physical deterioration of an asset.
Thus, from an Islamic perspective, big data aligns more closely with intangible financial rights. These are newly recognized forms of "maal" in contemporary fiqh, requiring a tailored jurisprudential approach. Scholars emphasize that although data lacks tangibility, its clear economic value and structured use in commerce support its classification as wealth under Islamic jurisprudence.
Monetizing Data
Organizations commonly monetize data through three distinct approaches:
Improving: Data is leveraged internally to enhance operational efficiency, reduce costs, and improve service delivery. For instance, businesses analyse sales data to optimize inventory and staffing decisions, resulting in significant savings.
Wrapping: Data is used to enhance existing products or services, adding value that encourages customers to pay more or make additional purchases. An example is personalized recommendations offered by streaming services or online retailers.
Selling: Data or data insights are directly exchanged for monetary gain. Companies may sell aggregated consumer behaviour data to advertisers or data brokers who further utilize this information for targeted marketing or analytics.
This aligns with what business scholars describe as value creation and value realization. Value creation refers to the use of data to improve internal outcomes—like streamlining operations or enhancing product appeal—while value realization focuses on converting those improvements into financial returns, either by increasing revenue or reducing costs. As one author notes, "Data monetization is turning data into money."
Importantly, these monetization strategies draw on diverse sources—social media, mobile devices, the Internet of Things, and AI—to generate what are referred to as "data assets." These assets are treated as central resources for measurement, persuasion, and strategic decision-making, and are often explicitly built to generate revenue.
However, from an Islamic ethical standpoint, such practices raise serious considerations. Monetizing data—especially when it involves profiling users or selling personal information without their awareness—raises concerns about ownership, consent, and fairness. For example, when platforms like Facebook collect data about user behaviour and sell it to advertisers, they treat data both as a currency and a commodity—yet the user receives no compensation. This commodification of behaviour, without clear user agreement, may conflict with principles of riḍaa (informed consent), karaamah (dignity), and ʿadl (justice).
Can a Right Be Monetized in Islamic Jurisprudence?
Islamic jurisprudence permits monetizing intangible rights provided these rights hold clear economic benefit, are Shariah-compliant, and their monetization does not involve ambiguity (gharar) or injustice (zulm). Classical examples include intellectual property rights, franchise etc. The conditions for monetizing such rights include clarity, benefit, transferability, and customary recognition as property.
Ethical Considerations in Data Use
Despite its prominence in contemporary society, the idea of data as private commodities is not uncontroversial. Many data studies scholars have argued against the treatment of personal data—such as a home address or date of birth—as commodities. They claim that such data constitute public information that cannot be owned by anyone, not even the individuals from whom it originates. Following this logic, if such data cannot be privately owned, they should not be bought or sold either. A similar argument has been extended to environmental, agricultural, and climate data, which are considered collective resources relevant to all of humanity. From this perspective, data should be used for the benefit of all and not exclusively for commercial purposes.
This position falls under what scholars refer to as the "moral economy of data"—the idea that data holds ethical responsibilities and should be used to improve lives globally, not just to generate revenue. As Strasser (2019) emphasizes, the public good potential of data must be prioritized over commercial gains.
However, defining what constitutes "ethical" or "just" data use remains challenging. Data ethics is not uniform; it is shaped by broader moral frameworks about how society should function. As such, different cultural, social, and religious communities may interpret fairness, justice, and harm differently. Moreover, applying these abstract ethical principles to specific, everyday data practices requires an understanding of context, purpose, and possible outcomes. This complexity places a burden of responsibility on institutions and individuals who design, deploy, or govern data systems.
Floridi (2014) underscores that the widespread use of information and communication technology comes with immense responsibility. Misuse or poor understanding of data technologies can reinforce existing social inequalities, bias, and harm. One of the most cited examples is Google’s search algorithm: because of its dominance and perceived neutrality, many users accept its results as factual. However, biased algorithmic suggestions—such as those reinforcing gender stereotypes—can shape public perceptions and normalize discrimination.
Even more troubling is the opacity of such systems. Individuals affected by data-driven decisions (e.g., denial of insurance, employment, or legal rights) often cannot trace how or why these outcomes occurred. Discrimination in data systems is subtle, pervasive, and difficult to challenge, especially when algorithms operate in a "black box" environment.
Furthermore, ethical concerns are not confined to individual data. Data used for urban planning, environmental interventions, or public health can affect entire communities or social groups. These collective harms—like decisions based on neighbourhood transport or climate patterns—can disproportionately benefit or burden certain populations. Ethics Scholars now argue that we must recognize harm to collectives, not just individuals, in our ethical evaluations. This extends the definition of sensitive data to include not only personally identifiable information but also community-impacting datasets.
From an Islamic ethical perspective, these concerns resonate strongly. Islam emphasizes ḥifẓ al-nafs (preservation of life), ḥifẓ al-ʿaql (preservation of intellect), and ḥifẓ al-ʿird (preservation of dignity), all of which are impacted by irresponsible data practices. Harm to individuals and collectives through opaque algorithms, misuse of personal information, or unjust profiling violates the Qur’anic command to act with ʿadl (justice) and amanah (trustworthiness). Islamic ethics would require not only transparency and consent, but also equitable outcomes and accountability in all stages of data use.
Right of Privacy in Islam
Islamic jurisprudence emphasizes the importance of privacy, recognizing it as a fundamental human right rooted in the Quran and Sunnah. Islam strictly prohibits spying, unauthorized disclosure, and intrusion into private matters. Privacy, extends to personal information, communications, and data, requiring that individuals maintain control over their personal data.
The Quran explicitly instructs believers to seek permission before entering others' private spaces:
"O you who believe! Do not enter houses other than your own until you have asked permission and greeted their occupants." (Surah An-Nur, 24:27)
Similarly, the Prophet Muhammad (ﷺ) said:
"Beware of suspicion, for suspicion is the worst of false tales; and do not spy on each other, and do not look for others' faults." (Bukhari, Muslim)
Another striking example from the Sunnah reinforces the inviolability of personal space and, by extension, informational privacy:
The Prophet (ﷺ) said: "If anyone peeps into someone's house without permission, and the resident throws a stone and injures his eye, there will be no blame upon the resident." (Bukhari, Muslim)
This hadith highlights the severity with which Islam treats violations of privacy. Peeping into someone’s home without consent is considered a significant offence—similarly, unauthorized digital surveillance or data access is a violation of this right. Contemporary scholars analogize personal data with one's private physical space, affirming that accessing such information without explicit consent is ethically and legally impermissible in Islam.
From an Islamic viewpoint, ensuring data privacy involves explicit, informed consent from individuals, safeguarding their information from misuse, and avoiding harm and injustice (zulm), thus reinforcing ethical responsibility and trustworthiness (amanah) in data handling practices.
Unanswered Questions and the Path Forward
As societies deepen their dependence on data, ethical and Islamic reflections on its production, circulation, and monetization become not only urgent but necessary. Yet, many questions remain unanswered — and perhaps must be addressed collectively, across disciplines and communities:
Who truly owns data in an Islamic framework: the individual who generated it, the platform that collected it, or society at large?
Can consent ever be valid if users do not fully understand what they are agreeing to in digital terms of service?
Should certain types of data—such as environmental or health-related data—be treated as public trust instead of private assets?
What responsibilities do Muslim data scientists, platform developers, and Shariah scholars bear in shaping ethical data systems?
How should ethical accountability be distributed in data-driven environments? Are Muslim data scientists responsible for the downstream harms of algorithms they help build, even when decisions are shaped by employers or clients?
Can Islamic finance principles like profit-and-risk sharing be extended to data ecosystems where users are currently exploited but not compensated?
Rather than offering premature answers, this article invites deeper interdisciplinary engagement between Islamic jurisprudence, technology ethics, and data governance. These questions are not merely theoretical—they shape how human dignity, justice, and trust are upheld in the digital age.
Sources consulted:– The Age of Surveillance Capitalism, Shoshana Zuboff–
Data and Society: A Critical Introduction, Anne Beaulieu & Sabina Leonelli–
Data Is Everybody’s Business, Barbara Wixom et al.–
Islam aur Jadid Maʿashi Masaʾil, Mufti Muhammad Taqi Usmani–
Al-Bayanat al-Dakhmah: Dirāsah Fiqhiyyah, Adil bin Abdulaziz bin Salih Al-Rasheed–
