An introduction to the public and private debate in Islam - Part I: public/private: the distinction

Social Research, Fall, 2003 by Mohsen Kadivar

In cases where there is in doubt as to whether the matter is private or infringes on the public sphere, the inspector's discretion sets the standard. As an example, if someone has joined with friends in a home, and if in private sphere of the home they engage in inappropriate conduct that does not have an effect in the public domain, is this case within the private domain--and therefore investigating it is prohibited, and it is required to overlook the probable sins--or is it a matter of the public sphere, and therefore prevention of the wrongdoing necessary? Another example: Is the inside a private automobile a private sphere or not>

The inspection authority is no doubt one of the powerful levers the Islamic government can use to cleanse society of religious impurities (pollutants). The Islamic ruler can shape the public sphere according to religious sentiments through his appointee (the compliance inspector [muhtasib]). On this basis, irresponsible and unruly individuals are denied the possibility to deteriorate or diminish the quality of life in the public domain. On the other hand, the unlimited authority of the compliance inspector is a serious threat to the private sphere, and by giving it a free reign, one could strip the public sphere of all freedom for individual activity, even in cases of apparent private and personal conduct. In other words, the boundaries of the private sphere would most likely shrink to those of one's private domicile: all individual matters visible to the public eye, even those of a completely personal and private nature, would be considered as belonging to the public sphere. The individual would thus be stripped of any sense of authority and determination, and the religious ruler through the compliance inspector would make all decisions for the individual. The individual can be forced to perform against his or her will, only to face punishment in face of noncompliance. The muhtasib may even limit or take away freedom of speech.

Should a ruler assume his prerogative to cease full control of the public sphere in the broadest sense, how could one challenge the ruler's authority? It is obvious that given an active compliance circuit, the private sphere can easily shrink to negligible size and ultimately be confined the private space of one's home. In the prevailing reading of Islam, both among the Sunnis and Shiites, the public sphere is too broad and subject to too much authoritative exercise of authority by the Islamic government: the recognized sphere of privacy beyond the perimeters of the home is indeed quite small.

8. The Extent of Authority Ascribed to an Islamic Government

Government authority and the radius of the private sphere and individual liberties are inversely proportional. Where the government wields absolute power and it is not harnessed from violating the private sphere of citizens, private life and individual liberties remain rather insignificant. This problem is not unique to religious governments--it is generally a problem in all human societies. The private sphere is more threatened by totalitarian governments and dictatorships than in other societies, and the private sphere remains essentially meaningless in these autocratic societies (Arendt, 1951). Similarly, when a religious government adopts a totalitarian or dictatorial attitude, the private sphere sustains even more damage than in nonreligious environments since the totalitarian leaders are worldly gods literally creating hell for their citizens, but religious governments do the same in the name of a divine paradise.

Citizens in a healthy society should attempt to strengthen "civil society" and restrict government power. Legal minimums should he provided for the private sphere that cannot he threatened under any circumstances: this is a sign of a healthy society. Governments constantly aim to interfere with the private sphere of their citizens, under the pretext of the national or public interest. Members of the opposition, especially those more vocal among them, are more likely to have their privacy violated. In Islamic societies governed by Islamic governments--for example, in the case of caliphal rule among Sunnis Muslims or velayat-e faqih among the Shiites, public interest is sharp dagger that easily cuts through the fabric of the private sphere.