Assistant Professor, College of Farabi, University of Tehran (hjavar@ut.ac.ir)
Abstract
Due to the fact that the spatial privacy, as a manifestation of privacy, is more related to the mental security of the people and its breach has wider and deeper damages, it is more important than other categories. The right to spatial privacy is based on different principles and evidences. Since the Quranic principles have a higher certainty of sanad and ranking among the chain of evidences, it is required that the situation of the right to spatial privacy is reviewed within two groups of Quranic evidences. Is the right to spatial privacy supported in the Quranic verses? If yes, then how it is implicated and limited? It seems that several verses imply, both generally and specifically, this right. First group are the evidences that generally imply the unlawfulness of breaching privacy including spatial privacy. The second group are the verses that specifically refer to the existence of spatial privacy and unlawfulness of its breaching. The complete support of the evidences in both groups depends on the generality and the wide-coverage of unlawfulness of breaching the right including all private places, breaching persons, whether governmental or non-governmental, the methods of breaching, whether directly or indirectly, the case of investigation, the situation of the citizens, the way of entering and so forth. The present text aims at critical reviewing of the implications of the previously mentioned verses and interpretation pathology, as well as paying attention to several life styles related to the spatial privacy and reviews the related verses.