Analyzing the jurisprudential foundations of criminalizing unauthorized wiretapping in cyberspace

Undoubtedly, unauthorized eavesdropping is one of the examples of invasion of privacy, which is criminalized and recognized in Iran's criminal law. The private life of individuals should be safe from attack by the Islamic government, and everyone should be diligent in protecting its privacy.Prohibition of spying is one of the solutions of Islam in the field of preventing the violation of people's privacy. Verse 12 of Surah Al-Hujrat clearly addresses the issue of the prohibition of spying, and in addition to that, there are many narrations indicating the prohibition of spying on the privacy of others. By examining the Criminal Procedure Law 92, it is concluded that the direction of this law is to protect the privacy of people and reflect the rule of prohibition of spying on their lives, especially those accused of crimes. In the current study, the legal basis of criminalizing unauthorized wiretapping has been analyzed using a descriptive-analytical method. Regarding the jurisprudential foundations of criminalization of crimes against privacy, including crimes, unauthorized access and eavesdropping, one can refer to the verses, the most important of which is the 12th verse of Surah Al-Hujrat, the hadiths, the way of the infallible, the consensus of jurists, and the Muslim principles of jurisprudence, including Asl, Abahah The basic rule of the right to privacy of individuals, trusting appearances and good faith, pointed out that some explicitly and some implicitly mentioned the prohibition of privacy violations and protection of privacy, and the basis of criminalizing crimes against privacy. are located; Because both in the verses and in the aforementioned traditions and principles of jurisprudence, people are prohibited from investigating each other's lives and affairs, and sometimes both worldly and hereafter punishments are considered for them. are dealt with and a punishment has been prescribed for them.