الحق في الحياة الخاصة بين أصالة حرمتها واستثناءات إباحتها: دراسة مقارنة بين الشريعة والقانون

الملخص EN

The right of a private life is one of the most important human rights that the heavenly and man-made legislations have taken care of in their differences, diversity and degrees.

since the dawn of time ,man cannot dispense with his private life and always strives to preserve it and protect it from everything that taints it and always tries to add a fortress of secrecy from any intruder who threatens its security, so the main principle was that private life should be inviolable and protected by man-made and Islamic law.

however, the public interest, which represents the right of society, may contradict this principle, which represents the right of the individual to protect his privacy.

the public interest imposes an exception that allows infringement of the human right to respect his private life, because the public interest takes precedence over the private interest.

in this article, we aim to clarify the features of the right of sanctity of private life in both Sharia and law, and the exceptions that would lift that immunity to this right in both Sharia and law.