The Protection of Privacy in Imami Jurisprudence and Human Rights Law: Focusing on Personal Data and Family Secrets in Private Contracts

Document Type : Original Article

Authors

• Bahareh Shafiei ¹
• ghazaleh Hahiazimi ²

¹ South azad university

² M.A. in Criminal Law and Criminology, Islamic Azad University, Central Tehran Branch.

Abstract

Abstract

Privacy is a fundamental concept in contemporary legal systems and Islamic jurisprudence, gaining renewed significance and novel challenges in the information age and the expanding digital sphere. This article adopts a comparative approach to examine the foundations, boundaries, and obligations of privacy protection in Imami (Twelver Shi’a) jurisprudence and human rights law. A particular focus on personal data and family secrets in private contracts reveals complex dimensions of the tension between the right to individual privacy and social, security-related, and contractual considerations. In Imami jurisprudence, principles supporting privacy protection can be derived from evidence such as the prohibition of espionage (tajassus), the obligation to maintain confidentiality, and the la darar (no harm) rule. Conversely, international human rights law—particularly in key instruments like Article 17 of the International Covenant on Civil and Political Rights (ICCPR) and Article 12 of the Universal Declaration of Human Rights (UDHR)—recognizes privacy as a fundamental right. Regulations such as the EU’s General Data Protection Regulation (GDPR) further operationalize this right in the digital domain. Through an analytical-comparative approach, this article explores the commonalities, distinctions, challenges, and proposed solutions in both systems, demonstrating that despite conceptual and linguistic differences, significant overlaps exist for establishing a comprehensive framework for privacy protection under the guidance of jurisprudence and human rights law. The study concludes with recommendations for aligning Imami jurisprudence with international data-driven privacy standards.

Keywords

• Privacy
• Imami jurisprudence
• human rights
• personal data
• private contracts

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