The Range of Tajassos and the Reasons of its Related Primary Law in Islamic Jurisprudence

Abstract

One of the fundamental concepts in the field of political Fiqh (Islamic jurisprudence) is Tajassos (spying or looking for other people's affairs) in people's privacy. The aim of this study is expressing Tajassos boundaries and reasons related to its primary precept which has been developed to be used in legislative parliaments and also in familiarizing the community with this forgotten prohibition. The method of this study is analytical descriptive with the focus on library studies. The author has analyzed Tajassos in word and expression and has also clarified some of its synonyms and related words such as privacy. The study findings suggest: Based on the arguments of Islamic jurisprudence, Tajassos is prohibited in both Sunni and Emamiye Fiqh and the principles of its prohibition have been proven by both of them. But there are some reasons based on wisdom and Sunnah (tradition) that permit Tajassos on some important issues like protecting the Islamic government. In choosing between maintaining the Islamic system and prohibition of Tajassos and preserving the dignity of people, the rule of more important one (ahham) should be obeyed. It should be noted that ebaahe (Tajassos permit) in all these cases is based on necessities and it is similar to eating a dead person's flesh when there is not any other choice.

DOI: 10.5901/mjss.2016.v7n3s3p340