Reading private letters in Malaysia without consent breaches rights in law, Islam - Criminologist
Zara Qairina case puts focus on consequences of reading private letters.
SHAH ALAM - The question of whether it is permissible to read private letters or documents without consent has drawn both legal and religious perspectives in Malaysia.
While not always classified as a direct criminal offence under the law, Universiti Sains Malaysia (USM) criminologist and psychologist Associate Professor Dr Geshina Ayu Mat Saat emphasised that such actions can amount to violations depending on the circumstances and intent.
In Islam, however, the matter is unequivocal; it is prohibited and considered a breach of trust and individual rights.
“In Malaysia, reading someone’s private documents without permission is not automatically classified as a direct criminal offence, but it can amount to a violation of certain laws depending on the context and consequences of the act.
“The Personal Data Protection Act 2010 (PDPA) only applies to personal data handled by organisations in a commercial context. It does not apply to individuals in personal situations (for example, a friend reading your letter at home).
“However, if the document contains personal data and is used without permission for commercial purposes, it can be considered an offence,” she told Sinar Daily.
She clarified that Section 509 of the Penal Code could apply if someone reads another person’s letter with the intent to humiliate.
According to her, if such an act is carried out to embarrass, disturb or deeply intrude into someone’s personal life, it may be considered a criminal offence.
Additionally, Malaysian civil law affords the right to claim damages under the tort of invasion of privacy.
“While Malaysia does not yet have a fully established legal framework on privacy in civil law, court cases have recognised invasion of privacy as grounds for damages.
“For instance, if someone reads and spreads the contents of your private document in a way that causes embarrassment or financial loss, you may pursue civil action.
“It is not automatically a crime, but may become a criminal offence if it involves insulting modesty, harassment or a civil offence if it causes loss or humiliation. It is also an ethical violation and breach of personal rights, especially in professional or institutional contexts,” she said.
From an Islamic point of view, she made it clear that such actions are strictly prohibited.
She explained that in Islam, reading someone’s private letters or documents without permission is not only forbidden but also regarded as a violation of individual rights and proper Islamic conduct.
Quoting the Quran, she referred to Surah al-Hujurat, verse 12: “O you who believe! Avoid much suspicion, for indeed some suspicion is a sin. And do not spy, nor backbite one another. Would any of you like to eat the flesh of his dead brother? You would surely abhor it. So fear Allah; indeed, Allah is Most Forgiving, Most Merciful.”
Geshina pointed out that this verse forbids ‘tajassus’ (spying), which includes reading anything private without permission.
She further emphasised that reading someone’s private letters breaches trust and etiquette.
“It can lead to slander, negative assumptions and damaged relationships. Exceptions only exist in specific circumstances.
“It is only permitted in situations of necessity recognised by Islamic law, such as criminal investigations by authorities based on legal frameworks and principles of justice. Even then, it must be done with caution and without exceeding limits,” she added.
On Sept 24, the inquest into the death of Form One student Zara Qairina Mahathir heard testimony from a second child witness, who described the events of July 15 at a religious school dormitory in Papar.
The witness said Zara was first accused of stealing a wallet but denied it and swore her innocence, after which the accuser apologised.
The situation escalated when another student accused Zara of stealing a flag pin and brought more friends to confront her. Zara was surrounded, scolded and mocked.
At one point, a letter described as “Zara’s privacy” was produced, revealing her personal wish to become a Badar or surau prefect.
The letter was shown to others, who ridiculed her further, causing her to cry even more.
The witness testified that Zara was left in tears before running out of the dorm.
She admitted she did not intervene because she was afraid, saying “Zara was held, surrounded.”
Lawyer Rizwandean M Borhan, who represented Zara’s mother, confirmed that no physical contact was involved apart from questioning, but stressed the psychological impact.
The testimony highlighted that Zara was humiliated over something deeply personal to her, compounding her distress on the night before she was found unconscious in the dormitory the next day.
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