Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Privacy from the Perspective of Imam Khomeini's thought and the Charter of Citizen Rights

Document Type : research

Authors
1 PhD Student of Islamic Jurisprudence and Law, Yadegar -e- Imam Khomeini (RAH) Shahre Rey Branch, Islamic Azad University, Tehran, Iran.
2 Assistant Professor, Department of Islamic Jurisprudence and Law, Yadegar -e- Imam Khomeini (RAH) Shahre Rey Branch, Islamic Azad University, Tehran, Iran.
10.22034/ejs.2024.426697.1610
Abstract
Background and Aims: privacy is one of the important issues of citizen's rights, which has always been the subject of discussion and opinion. The purpose of this article is to examine privacy from the perspective of Imam Khomeini's thought and the Charter of Citizen Rights.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical considerations: In this article, the originality of the text, honesty and trustworthiness are respected.
Findings: In Imam Khomeini's thought, there are many examples of privacy, including "prohibition of entering shops, workplaces and homes of people without the owner's permission in order to attract or in the name of discovering crimes", "prohibition of wiretapping", "listening to tapes". Audio recording of others in the name of crime detection", "It is not permissible to spy on other people's sins and to follow people's secrets", "Not to reveal people's secrets" has been emphasized. From Imam Khomeini's point of view, espionage is permissible if "it is to discover conspiracies and confront groups opposed to the Islamic Republic of Iran, who intend to overthrow the system and assassinate personalities, and it must be ordered by the prosecutor." In the Charter of Citizen Rights, several examples of privacy are mentioned, such as the prohibition of inquisitions, the preservation and protection of private information of citizens, the non-inspection and non-delivery of letters, and the prohibition of wiretapping phones.
Conclusion: The examples of privacy in the Charter of Citizen Rights are repetitions of the examples of privacy in the Constitution, while not being in accordance with the law, there is no enforcement guarantee for it.
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