Document Type : Original Article
Authors
1
PhD Student, Department of Jurisprudence and Fundamentals of Islamic Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran
2
Assistant Professor, Department of Theology, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran
3
Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran
Abstract
This study examines the nature, dimensions, and scope of privacy within the frameworks of Islamic jurisprudence and Iranian statutory law. Employing an analytical-descriptive research method, the analysis draws upon library sources. From a jurisprudential perspective, while the modern concept of "privacy" is not explicitly articulated in classical texts, Islamic law has historically protected the private sphere through numerous negative injunctions. However, this article contends that these protections are primarily duty-based and social in nature, rather than rights-based, making it challenging to derive a positive and waivable individual right from them. Furthermore, the fundamental principle of "sovereignty" and the primacy of public interests in Imami jurisprudence have restricted privacy in several instances, casting doubt on the possibility of its recognition as an absolute right. Within Iranian statutory law, privacy protections are sporadically addressed in various articles of the Constitution and ordinary legislation. The findings indicate that the Iranian legal system's approach to this issue is inconsistent, ad hoc, and reactive. A significant gap exists due to the absence of a comprehensive, proactive law that precisely defines privacy, establishes its boundaries, ensures effective enforcement mechanisms, and creates independent oversight institutions. This regulatory fragmentation, particularly when confronted with new surveillance technologies and the state's extensive powers, has resulted in practical conflicts between individual rights and public interests. The study concludes that integrating jurisprudential foundations with modern legal principles to develop comprehensive legislation is the most imperative solution for strengthening privacy protection in Iran.
Keywords