Document Type : Original Article
Authors
1
khMaster’s degree in Women’s Rights in Islam, Ph.D. student in Law, and researcher at Level 4, Family Jurisprudence, Rafi’ah al-Mustafa Higher Education Institute, Tehran, Iran (corresponding author) - kh90.hamedi@gmail.com
2
Faculty member of Tarbiat Modares University
Abstract
mily privacy, as a fundamental pillar of the Islamic legal system, plays a central role in micro-level criminal policy. This study aims to elucidate the jurisprudential foundations and protective strategies for family privacy within the framework of criminal law concerning family matters. Employing a descriptive-analytical method and analyzing Islamic jurisprudential sources, Iranian laws, and comparative studies with the Canadian legal system, this research demonstrates that jurisprudential principles such as public interest, rational conduct, the principle of non-guardianship, the rule of dominion, and the rules prohibiting prying, paternity presumption, and doubt-based leniency provide a coherent framework for limiting state intervention. This framework, emphasizing governmental rulings and the role of public interest in regulating the intervention of the Islamic ruler, ensures a balance between individual rights and public welfare. The findings indicate that Islamic criminal policy promotes strategies such as mediation, family arbitration under the supervision of the ruler, protection of the sanctity of the home, and decriminalization, thereby preserving the dignity and sanctity of the family. However, challenges such as conflicts between privacy and victim protection necessitate legislative revisions and the strengthening of non-penal mechanisms. The study suggests that drafting precise regulations for state intervention and enhancing family arbitration institutions, inspired by jurisprudential examples such as the ruler’s intervention in marriage, can improve the balance between public welfare and individual rights. Comparative analysis reveals that Islamic criminal policy, unlike individual-centric systems like Canada’s, offers a competitive framework rooted in a theocentric approach based on public interest.
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