Answered by Ustadha Nail Kadi
Question:
I used someone’s photo without their permission and I am ashamed to ask them for forgiveness. I’ve donated charity in their name and ask Allah, Most High, to give it to them. What is the ruling on taking someone’s photo and using it without their permission?
Answer:
Wa alaykum salam wa rahmatullah wa barakatuh
In the name of Allah, the Most Merciful, the Most Compassionate
I pray for your well-being and health.
One should not take another person’s photo without their permission and use it in a way they would be disliked. Donating to charity indicates genuine remorse and shows how earnest you are to rectify the situation. It may seem like asking for their forgiveness is the path of most resistance, but the clarity of the end result will lessen the difficulty.
Assuming that the photo does not display the nudity (awrah) of the other person or it is was not used in an indecent manner, we should consider the rights of honor and privacy of our fellow brother or sister.
1. Honor – To use the image of another human being violates the sanctity of another Muslim. The Prophet (may Allah bless him and give him peace) said: “Every Muslim is sacred to his fellow Muslim – his blood, his wealth and his honor” (Muslim).
2. Privacy – In a narration attributed to the Prophet (may Allah’s peace and blessings be upon him), we learn the importance of respecting privacy and consent. The Messenger of Allah (may Allah’s peace and blessings be upon him) said, “It is not permissible for a Muslim to look inside a house until he has asked permission; once he has done that, he may enter” (Abu Dawud, Tirmidhi).
In matters related to overstepping the rights of human beings, seeking their forgiveness is part of the resolution. If one feels embarrassed, a general apology and request for forgiveness suffices.
As always, the door of forgiveness of Allah, Most High, is always open.
“Say: Oh my slaves who have transgressed against yourselves, do not despair of the mercy of Allah, verily, Allah forgives all sins.” [Quran 39: 53]
And Allah knows best.
[Ustadh] Nail Kadi