An analysis of entrance to the privacy for the intelligence-security activities in the framework of the jurisprudential principles and rules

Introducing the Islamic system model, intelligence services of Islamic Republic of Iran have always been faced with this question that within the framework of Shariah standards, what are the conditions and limits of entering into the privacy of the persons? Making use of descriptive-analytical method, the author has studied the subject according to the rational - discursive and narrative revealed foundations and in the framework of the principles and rules of jurisprudence.
Dividing consent into subjective and objective, It should be noted that the governmental interventions do not require to a subjective consent, and this right is remained for the intelligence agencies to inspect the suspects, but regarding the individual interventions, a subjective consent is necessary and in the case of one`s opposition, a violence of his or her privacy is not allowed. Examining the principles of freedom of action (asle adame velayah), precaution, permissiveness and permissibility, all the interferences of natural and legal persons are not allowed as the principle demands it ,and the citizens and rulers are equal in this regard. Accordingly, no one is permitted to violate the privacy of each other, and all the violations need the evidence. Similarly, in the form of the domain of Islamic government`s duties and form of evidences (of the public interest) there are no rational and logical criteria for entering to the privacy of others and to abolish this right.