Electronic privacy between prohibition and permissibility A comparative jurisprudential study

Abstract

Through this study, the researcher aims to shed light on an issue that represents one of the contemporary electronic developments, namely electronic privacy, by stating the opinions and evidence contained therein, in order to arrive at the most correct opinion. The researcher began by introducing the truth about privacy, its contemporary means, and the extent to which the meaning of privacy applies to electronic privacy. Then she talked about the ruling on electronic privacy in its three forms: permissible, forbidden, and disputed matters. In this study, the researcher relied on the analytical and comparative method. It presented, analyzed, criticized and compared the opinions of jurists. In order to reach the most correct opinion on research issues. The study reached many results, the most important of which is that electronic seclusion is a conversation between a man and a foreign woman alone through one of the modern electronic means in a situation where they are safe from anyone knowing them. Electronic privacy is forbidden between foreign men and women for the purpose of education. Because it may be an excuse for committing the forbidden. The jurists agreed that it is permissible for a man to be alone with his mahram women, and therefore it is permissible to be alone with them electronically. Due to the absence of temptation, if there is fear of falling into it, it is forbidden. The most correct view of contemporary opinions regarding the ruling on electronic privacy between a man and a foreign or fiancéed woman is to say that it is considered a forbidden moral privacy that has the same ruling as forbidden physical privacy.