Assistant Professor of Islamic Law Jurisprudence and Principles at Shahid Mahalati
Abstract
Abstract The need for observing privacy is an obvious matter, and religious sources indicate that investigating and invading the privacy is prohibited. On the other hand, in order to protect employees of armed forces and state, in some cases it is necessary to investigate and invade the privacy of individuals, and as a result, in some cases, a conflict occurs between the rights of individuals and the organization, and then raises the question of "is it permissible to investigate and invade the privacy of armed forces' employees?". "If so, what are the limits of it?". Using library sources and describing and analyzing the evidence, the authors have come to the conclusion that the primary ruling of investigation is the sanctity, but the secondary ruling is permissible in some cases and forbidden in some cases due to its types. However, since the permission of investigation is based on the existence of criteria for conflict, so wherever there are the criteria for the conflict (existence of expediency, realization of the importance related to investigation and absence of mandooha (solution and evasion) and ...), investigation is permissible, otherwise it is forbidden. Accordingly, this article examines the existence or non-existence of criteria for conflict in each of these types by classifying the types of investigation and its objectives in the armed forces and states the verdict of each, and finally, by establishing the principle, it has proved that In cases of doubtful permission, the practical principle of the sanctity of investigation must be adhered to.
Ghanbari, H. (2019). Investigating and invading the privacy of employees of armed forces from the perspective of jurisprudence and law. protectiv & security researches, 8(31), 175-200.
MLA
Hamid Ghanbari. "Investigating and invading the privacy of employees of armed forces from the perspective of jurisprudence and law", protectiv & security researches, 8, 31, 2019, 175-200.
HARVARD
Ghanbari, H. (2019). 'Investigating and invading the privacy of employees of armed forces from the perspective of jurisprudence and law', protectiv & security researches, 8(31), pp. 175-200.
VANCOUVER
Ghanbari, H. Investigating and invading the privacy of employees of armed forces from the perspective of jurisprudence and law. protectiv & security researches, 2019; 8(31): 175-200.
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