مرکز منطقه ای اطلاع رساني علوم و فناوري - حريم خصوصي و حمايت از آن در حقوق اسلام ، تطبيقي و ايران

چكيده لاتين :

1- "Privacy" is one of the worthwhile concepts of civilized legal systems. Right to pirivacy is regarded as corner-stone of human rights and corelates strongly with human dignity. Privacy aims to maintain and enhance respect for humanʹs physical and mental integrity. There is also significant connection between protection of privacy and human beingʹs autonomy, self - determination and freedom. Privacy restrains human beingʹs from being as instrument for otherʹs ends. It not only facilitates discharging the internal feelings and having intimate relations with desirable persons but constitutes one of the important elements of the civil society and its organizing principles. Realization of freedom of associations, expression and communications depends on protection of privacy. 2- As a result of abovementioned functions, respect to privacy is stipulated in international and regional conventions and instruments regarding human rights. There is also many dispositions and requirements in national legislations which have prescribed respect to privacy. 3- Protection of privacy by inhibiting from interfering with private affairs, tresspassing, eavesdropping, pcepingtom in one hand and prescribing "presumption of correctness" and "presumption of innocence" in the other hand, is one of the important doctrines in Islamic law which is cited, many a time in verses of the Holy Quran, Tradition (Sonnat) and Practice (Sireh). Of course, the term of "privacy" hasnʹt been used in that resources and Islam have "reductionary approach" regarding privacy. that is, Privacy is protected through protection of other freedoms and rights, such as freedom from arbitrary intrusions and searches, respect for property rights and interests, presumptions of correctness and innocence. The present article, firstly introduces concept of privacy and itʹs foudations and principles in Islamic law and comparative law, then discuses Iranian legal systemʹs stance regarding privacy. This article shows that protection of privacy has historically had deep origins and roots in Islamic law and urged more over them in comparation to other legal systems. Hence without resorting or invoking to human rightʹs conventions, Iranian legislature could impose protection of privacy. but regretfully neither in Iranʹs laws and regulations nor in other Islamic countries privacy suffers from protections which deserves.