The interaction of the no harm rule and family privacy
Document Type : Research Paper
10.22099/jls.2014.2360
Abstract
Some of theories about the privacy and its scope which rationlise the privacy, indicating the limited access to relations and other informations of another persons and preserving the human dignity( spiritual dignity) . Since the violation of spiritual dignity have been considered as instances of harm (zarar) ,and the basis of issuance of some traditions (ahadis) on the principle on no harm (asl la zarar) ,is only the spiritual damages(zarar maanavi) , the violation of human dignity and reputation is governed by rule of no harm( qaedeye la zarar). In addition, Complete protection of privacy in the realm of family and the reasonable argument and the appearance of traditions ,justify the compensation for spiritual losses inflicted on the persons., in conflict cases, where several losses are confilcted ( tazahom), according to importance rule(qaedeye alahammo fa lahamm) ,the protection of privacy of family is prevailed. Therefore, because of the importance to family honor and preserving of human dignity it will be acceptable that the principle of no harm is a best source for protection of privacy in the realm of family.
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