The Criminal Protection of the Right to Privacy
摘要
The focus of this paper is on the intricacies of the right to privacy and the effectiveness of its inclusion in penal codes. The study begins by examining the multifaceted nature of the right to privacy and its legal definition, followed by an exploration of how Muslim jurists perceive this concept. The first section of the study delves deep into the legal analysis of the essence of the right to privacy. It provides a comprehensive overview of the general concept and then proceeds to conduct a meticulous examination from a broader perspective. Consequently, we are presented with an insightful interpretation of the nature of the right to privacy within the realm of Islamic jurisprudence. However, it is important to note that this interpretation remains general due to legal considerations. The second section of the study delves into the details of personal rights, specifically addressing the legal provisions surrounding this subject within a distinct legal framework. This portion of the study also includes an examination of legislative decisions that have been issued in this domain. The second part of the research delves into a comprehensive analysis of the legal aspects surrounding the right to privacy. It explores how this right is established from a legal standpoint, including the associated commitments and obligations. Furthermore, it provides a comprehensive list of legal positions pertaining to the right to privacy. The conclusion of the study highlights several key findings. Firstly, it emphasizes the importance of aligning the definition of the right to privacy with the current transitional era and the complexities surrounding privacy issues. Secondly, it underscores the necessity for specific and clearly defined legal provisions to safeguard private life. Notably, the researcher recommends reconsidering and increasing penalties for privacy violators in order to protect individuals’ right to privacy and strongly discourage intrusions. Lastly, the study advocates for legislative reforms that prioritize the protection of the right to private life.