Rights of Privacy (book): Difference between revisions
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*'''Abstract''' | *'''Abstract''' | ||
'''Rights of Privacy''' is a research study on defining the scope and limits of the right to [[privacy]] with a comparative look from the perspective of international law and Islamic studies. The author, [[Baqer Ansari]], defines privacy as a domain of each individual's life where they expect others not to access information related to that domain without their consent. He considers the protection of individual freedoms and independence, the preservation of honor, and the innate human need for privacy as reasons for its necessity. | '''Rights of Privacy''' (in Persian: [[:fa:حقوق_حریم_خصوصی_(کتاب)|حقوق حریم خصوصی]]) is a research study on defining the scope and limits of the right to [[privacy]] with a comparative look from the perspective of international law and Islamic studies. The author, [[Baqer Ansari]], defines privacy as a domain of each individual's life where they expect others not to access information related to that domain without their consent. He considers the protection of individual freedoms and independence, the preservation of honor, and the innate human need for privacy as reasons for its necessity. | ||
The author identifies instances such as the prohibition of [[spying]] ( | The author identifies instances such as the prohibition of [[spying]] (tajassus), the prohibition of entering homes without permission, the sanctity of privacy from [[eavesdropping]] and voyeurism, the prohibition of suspicion, and the prohibition of [[spreading indecency]] as examples of the right to privacy that are emphasized in the Islamic legal system. Regarding the status of privacy in Iranian law, the author believes that in the Iranian legal system, privacy is not explicitly and formally protected; however, it is implicitly and within the context of other legal rules, albeit incompletely, protected. | ||
== Brief Introduction and Structure == | == Brief Introduction and Structure == | ||
The book | The book Rights of Privacy is the title of a research work by Baqer Ansari, published by [[SAMT Publications]] in 1386 SH (2007 CE). The book has been reprinted in subsequent years. It served as the foundational study for the draft bill on the protection of privacy and has been written as a basic textbook for undergraduate and graduate students in the fields of law and communication sciences. | ||
The author considers the necessity of compiling this book to be for raising awareness and providing information about the concepts and instances of privacy and for transferring the experiences of other countries. He believes that privacy is rooted in Islamic teachings and that understanding its scope and limits can have a significant impact on defining the position of this right in individual and social relations. | The author considers the necessity of compiling this book to be for raising awareness and providing information about the concepts and instances of privacy and for transferring the experiences of other countries. He believes that privacy is rooted in Islamic teachings and that understanding its scope and limits can have a significant impact on defining the position of this right in individual and social relations. | ||
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Citing verses and narrations, the author explains the instances of privacy in Islamic law in the following cases: | Citing verses and narrations, the author explains the instances of privacy in Islamic law in the following cases: | ||
* Prohibition of spying, snooping, and investigation: Citing [[Quran 49:12]] and narrations from the Prophet (s) and Imam al-Sadiq (a), the author argues for the prohibition of [[spying]] ( | * Prohibition of spying, snooping, and investigation: Citing [[Quran 49:12]] and narrations from the Prophet (s) and Imam al-Sadiq (a), the author argues for the prohibition of [[spying]] (tajassus) and investigation in Islam (pp. 66-69). | ||
* Prohibition of entering homes without seeking permission: The author explains that in the Quranic verses and Islamic tradition, entering people's homes is conditional on seeking familiarity and permission. He cites [[Quran 24:27]] and [[Quran 2:189]], as well as the Prophet's (s) ruling in the case of Samurah ibn Jundab (pp. 71-72). | * Prohibition of entering homes without seeking permission: The author explains that in the Quranic verses and Islamic tradition, entering people's homes is conditional on seeking familiarity and permission. He cites [[Quran 24:27]] and [[Quran 2:189]], as well as the Prophet's (s) ruling in the case of Samurah ibn Jundab (pp. 71-72). | ||
* Prohibition of voyeurism ( | * Prohibition of voyeurism (istiraq al-basar): According to the author, looking at anything that typically and personally falls within the domain of privacy is prohibited. He bases the prohibition of voyeurism on a narration from the Prophet (s). Based on this, he believes that looking at women who observe their hijab in a conventional manner is prohibited, as hijab is a formal declaration of immunity from the gaze of others (p. 73). | ||
* Prohibition of [[eavesdropping]] ( | * Prohibition of [[eavesdropping]] (istiraq al-sam') (p. 74). | ||
* Prohibition of suspicion: The author cites [[Quran 49:12]] and numerous narrations for the prohibition of suspicion (pp. 74-77). | * Prohibition of suspicion: The author cites [[Quran 49:12]] and numerous narrations for the prohibition of suspicion (pp. 74-77). | ||