الحماية الجنائية لحرمة المساكن دراسة مقارنة في الشريعة الإسلامية والقانون الليبي والمصري
This research aims to explain the importance of the individual's right to privacy at home as one of the most important applications of private life. On the grounds, that the house is a repository of his secrets and privacy stronghold. No value for the sanctity of private life that did not inclu...
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| Format: | Thesis |
| Language: | other |
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| Summary: | This research aims to explain the importance of the individual's right to privacy at home as one of the most important applications of private life. On the grounds, that the house is a repository of his secrets and privacy stronghold. No value for the sanctity of private life that did not include his home, in which he isolates himself, with intention not to be violated by any one. The researcher dealt with the meaning of the house and its inviolability in Islamic, Libyan and Egyptian laws. He then turned to the protection of the house against criminal violation of its inviolability due to the act of illegal entry. Subsequently, the researcher dealt with violation of home inviolability by hidden eavesdropping, including audio and video in Islamic laws and Libyan law. Finally, the researcher explained the circumstances where violating the sanctity of home is permitted through audiovisual spy in Islamic laws and Libyan law. In this study, the researcher followed the methodology of inductive approach through the induction of the views of scholars of Islamic jurisprudence and Jurists. As well as using the analytical method to the views of scholars and legal texts. The researcher also follows comparative approach between Libyan and Egyptian laws with Islamic Shariah. In conclusion, the researcher suggested that the dwelling sanctity and holiness of home should not be violated in any way. However, the absolute prohibition of these acts would impede authorities in the search for the truth, and then it may hinder the disclosure of crimes, arresting the criminals and punishing them. In light of this, the legislator is trying to establish a kind of balance between two interests; the community interest of the administration of justice, to stop the offender and reveal the truth, and the interest of individuals in the sanctity of their own lives. |
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