Abstract
Privacy holds an exalted position in Islamic jurisprudence and the Iranian legal system; however, the process of crime detection often places this fundamental right in conflict with the necessity of ensuring public security. This article, employing a descriptive-analytical method, examines the religious and legal requirements for respecting privacy during the crime detection stage, with a focus on the views of Imam Khomeini and the martyred Supreme Leader (Ayatollah Khamenei), as well as an analysis of Iranian laws.
The findings indicate that Islamic jurisprudence, based on evidence such as the prohibition of spying (Quran, Surah al-Hujurat, verse 12), the prohibition of eavesdropping, the prohibition of violating others' sanctity and spreading obscenity, and the prohibition of entering another's home without permission, recognizes privacy as a divine and inviolable right. In their statements, the two Imams of the Revolution (Imam Khomeini and the martyred Ayatollah Khamenei) established the primary principle as the prohibition of any form of spying, search, surveillance, and disclosure of secrets, permitting legal intervention only in exceptional cases such as centers of corruption, safe houses, or crimes against national security, while observing the rule of "the more important and the important" (The More Important and the Important).