نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Unauthorized interception, particularly in cyberspace, is among the most significant forms of infringement upon individuals’ privacy and freedom of communications in contemporary legal systems. The expansion of digital and communication technologies has extended the traditional notion of eavesdropping beyond voice conversations to encompass electronic data, private messages, emails, and online communications. Accordingly, clarifying the legal and Islamic jurisprudential nature of unauthorized cyber interception and examining the scope of its criminalization has become a pressing research necessity in modern criminal law. Using a descriptive–analytical method, this article examines the concept of unauthorized interception, its legal elements, the jurisprudential foundations for the prohibition of spying and eavesdropping, and its position in Iran’s criminal law. To this end, the study analyzes the legal framework protecting the confidentiality of communications and private data with reference to Article 25 of the Constitution, Article 582 of the Islamic Penal Code, and the provisions of the Computer Crimes Law. The findings indicate that although the Iranian legislator has established a relatively acceptable foundation for protecting privacy and combating unauthorized access, ambiguities remain regarding precise definitions, the scope of cyber interception, and the conditions governing the lawfulness of state interventions. From the perspective of Islamic jurisprudence, the prohibition of spying, the impermissibility of disclosing secrets, and the obligation to respect individuals’ dignity and reputation constitute key grounds for banning unauthorized interception. The article concludes that strengthening coherence between jurisprudential principles and positive law, revisiting certain legislative ambiguities, and formulating clearer safeguards for privacy in the digital environment can play an effective role in enhancing criminal-law protection of communications security and public trust.
کلیدواژهها English