“The Interaction between Maintaining Order and Privacy from the Perspective of Imami’s Fiqh and Shafi’I’s Fiqh”

The present thesis with a descriptive and analytical approach seeks to deal with this issue; to explain the extent of the territory and the limits of the intervention of the agents of the Islamic system from the perspective of Imami and Shafi’i’s Fiqh, in order to keep the system in conflict with the invasion of the privacy of the citizens. One of the definite and indisputable prohibitions in Islam is the “explicit text of the Qur’an and the rational and narrative evidences”, the lack of inquiry and sanctity of inquiring into the secrets, beliefs, nakedness, secrecy and in general the secret secrets of privacy and privacy of individuals; and this is while one of the essential requirements of social life in the direction of social order and prevention of chaos is the violation of individual rights against the public and collective interest. (Although, in fact, the laws of the state are in place to protect the system and the public and social interests, contrary to their appearance, are in fact to protect the privacy and security of their individual rights.) On the other hand, the protection of the interests and security of the Islamic system in comparison with the sanctity of spying on the secret affairs of individuals, according to many Faqihs, is a secondary title or government decree.

 The duty of the Islamic State; It is obligatory to protect the honor of the believer, to preserve human dignity, the sanctity of inspection and to enter the private life of individuals, so the agents of the Islamic system and security and surveillance agencies should be as necessary and with the support of general knowledge in the national interest and social security and public interests. The rights of individuals in Islam, while preserving the dignity of individuals and preventing the spread and disclosure of people’s secrets, and looking at the independence of the Islamic community against internal and external enemies to violate this privacy and then enter the private sphere of citizens.