The Bases and Exceptions of Privacy in Islam and Law of Iran from the Public Law Point of View
Document Type : Specialized Article
Authors
1 Assistant Professor, Department of Criminal Law and Criminology, University of Judicial Sciences
2 Master of Criminal Law and Criminology
Abstract
Privacy and its theoretical issues are in direct relation with governments since the expansion of Privacy and its realm are desirable to individuals and legal entities on the one side, and on the other side the governments, under the political and security reasons, are trying to minimize the realm of privacy in order to get access to information and get permissions for violating this absolute humanitarian right.
This research attempts to answer the main questions that what are the bases of privacy?, and what are the exceptions considered thereon in regard with Islamic resources? Consequently, the first step is to look at privacy from public law point of view; furthermore, determine the bases of respecting privacy to support the rights of people and the related exceptions to support the government and the society. Therefore, studying the Islamic resources, we categorized the bases of respecting privacy as: Respecting human dignity, Respecting the righteous people (Mu’min), forbiddance of molesting of people, trustworthiness, prevention of dissemination of prostitute, and keeping ethics. It is clear that the rights of people have been emphasized by Islam, but on the other side, the rights of the society in general which represented by government must be considered as well. Generally, the exceptions toward privacy can be listed as governmental authorities, enemies, domestic hypocrites, children from their parents’ side, the sinner, the ruthless ruler, security breachers, and heretics. In the rest, the stand of privacy in the law of Iran has been studied and the principles of the constitution and the vision document eventuated to the enactment of the comprehensive plan of communication and information technology. Even though the bases of privacy limitations have been used in accord with the Islamic subjects, there are some misinterpretations through the opened issues.
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