Violation of Privacy at the Stage of Crime Detection from the Perspective of Afghanistan's Criminal Justice System and Islamic Jurisprudence

Abstract

Violation of privacy as a security tool in the stage of crime detection is an issue that needs to be identified and evaluated in the criminal justice system of Afghanistan and Islamic jurisprudence, in the light of international human rights documents and to explain the degree of convergence and difference between the two variables mentioned methods investigated using the descriptive-analytical method. After examining the criminal laws of Afghanistan, it was concluded that the privacy of the suspects has been widely violated in the criminal justice system of Afghanistan because monitoring economic activities, accessing computer systems, networks, and servers, controlling electronic communications and recording activities, and conversations, especially about dangerous and complex crimes such as terrorist crimes, money laundering, crimes against internal and external security, drug crimes, corruption Administrative, human trafficking, murder, crimes against judicial justice and the crimes included in the Statute of the International Criminal Court and the final document of the Rome Diplomatic Conference have been considered legitimate and perhaps necessary. The said policy is in line with the international standards and indicators of human rights, which consider maintaining national security, public security, the economic well-being of the country, preventing chaos and crimes, protecting health and morals, and protecting the rights of others as the criteria for limiting rights and freedoms. Islamic jurisprudence does not have a clear difference with Afghanistan's criminal justice system due to the strictness of prohibitions against entry into privacy, because it is permissible and perhaps necessary to enter the privacy of people in exceptional circumstances, based on internal and external evidence.