حق الخصوصية : دراسة مقارنة بين الفقه الإسلامي و القانون الوضعي-القانون الجزائري أنموذجا

Abstract EN

The privacy right is considered as one of the natural and personal rights that is given a big interest due to its relation with the individuals’ freedom for it is regarded among the public liberties, the sanctity of private life is the heart of the personal freedom which is a fundamental freedom ; because it guaranties the man’s dignity, it is the holiest and the highest of human rights and is featured by its confidentiality and privacy; and it is a rooted right in all Common laws on the ethical and religious bases their source is the Islamic legislation.

The privacy right seems in various shapes among them that are agreed upon as the inviolability of home, of the body, of the correspondences and the communication ; including what is disagreed about them such as the right of the photo and the unlikeness the professional life and of another unlimited shapes that cannot be restricted either in the Common law or in the Islamic legislation ; due to the difference in the patterns and styles and customs and habits and cultures and the legal systems that prevail the societies the latter may face change and development constantly.

Despite; the abundance of the Islamic legislation and the Common laws in giving it a special definition, yet they have acknowledged it and have put for it restrains and rules for its protection through the guiltiness of any deed which decrease the man’s right of honorable survival on the shadow of privacy like: the crimes of soul aggression, and the crimes linked to the home’s sanctity and messages, and the secrets’ deviling , plagiarism and forgery in it ; also its bearing about saving the personal talks by the forbiddance of spying ...etc, and as mentioning them in the Islamic legislation sources: (The Holy Quran and The Prophetic Tradition), and in the Common laws sources either on the international level as the conventions and the decisions issued from The United Nations Body and the international and territorial conferences or domestically by a claimed constitutional texts and internal legislative texts within the penal or civil laws