Jurisprudence to spy on the wife's cell phone

Authors

1 دانش آموخته سطح سه حوزه علمیه خواهران

2 استاد سطح عالی حوزه علمیه

Abstract

Privacy is a realm of every person's life that he expects others not to enter without his consent. Spying on people's privacy is forbidden; And God, the Almighty, in various verses and traditions, has forbidden man from spying on the privacy of others; Also, common sense considers searching in the privacy of others as injustice to the individual. One example of this privacy is the mobile phone, which no one has the right to search without the owner's permission. But in the case of a husband and wife who are life partners and have an emotional relationship between them, can they search it without the other's permission? This article, using an analytical method and using reliable jurisprudential and legal sources, has reached the conclusion that: none of the spouses should search each other's mobile phone, which is a personal device and a part of their privacy; And none of the two reasons of the strong emotional connection between husband and wife, and the man's guardianship over the family, can assign the sanctity of spying.

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Volume 1, Issue 1 - Serial Number 1
March 2024
Pages 129-113
  • Receive Date: 20 October 2022
  • Revise Date: 19 November 2022
  • Accept Date: 19 December 2022
  • First Publish Date: 01 March 2024