Quranic fundamentals and legitimacy regulations of governmental agencies controlling the privacy

Subject Areas : Quarterly Sabzevaran Fadak

mino khaki ¹ , sayed mostafa mohaqeq damad ² , mahdi darghey ³

1 - PhD student in the field of jurisprudential religions, University of Religions and Religions
2 - Professor, Department of Islamic Law, Shahid Beheshti University
3 - الاستاد المساعد فی الفقه و الاصول، جامعه المصطفی العالمیه، قم، ایران

Received: 2020-07-28 Accepted : 2020-08-22 Published : 2023-08-23

Keywords: rule of principle of non-guardianship, privacy, Rule of domination, monitoring contention, public interests,

Abstract :

This resaerch peformed with a descriptive- analytical approach aimed at studying the level, necessity and limits of legitimacy for protecting system, national and public interests as well as their contention and interaction with the individuals’ privacy. The importance of the research problem is that the individuals in the society and as a collective life are of different rights including personal and social ones where, in practice, those rights partly are in contention with other’s right and public interests. Hence, to establish the social order, it is required to refer to inclusive rules, which respects, from one hand, the personal rights and freedoms as privacy and protects, from the other hand, the social rights or public interest. Consequently, considering the jurisprudential resources as well as referring to the legal fundamentals and statutes based on the public wisdom, it can be stated that the rules legislated for the purpose of protecting the system and public interests have been established generally and in fact for protecting the privacy and peace of individuals though at times interfering and in contention with protecting the individuals’ privacy.