A jurisprudential study of the criminalization of privacy violation by artificial intelligence.

Document Type : Original Article

Authors

1 Assistant Professor, Faculty of Law, University of Qom, Qom, Iran

2 Professor, Faculty of Law, University of Qom, Qom, Iran

3 PhD in Criminal Law, Faculty of Law, University of Qom, Qom, Iran

10.22091/rcjl.2025.12603.1170

Abstract

Violation of privacy by artificial intelligence has become one of the major challenges of the digital age due to the increasing spread of smart technologies and their ability to collect and analyze personal data. This issue not only threatens individual rights, but also requires in-depth investigation from the perspective of Islamic jurisprudence due to its conflict with moral and religious principles. The present study aims to analyze the jurisprudential criminology of this phenomenon and seeks to answer the question of whether privacy violations by artificial intelligence can be considered a crime within the framework of Islamic jurisprudence. This study was conducted using an analytical-descriptive method and using jurisprudential and fundamental sources, and its necessity lies in explaining the religious limits of using new technologies and protecting human dignity. The findings of the study show that AI in the current situation violates privacy by infiltrating personal information and analyzing it without consent, and this violation can lead to the spread of prostitution and damage to the dignity of individuals. Also, unauthorized entry into the home, as a sacred space, is condemned from a jurisprudential perspective. This study argues that respecting dignity and preventing moral corruption provide solid foundations for criminalizing this act in Islamic jurisprudence. Consequently, it is necessary to formulate religious and legal regulations to limit the abuses of AI in order to establish a balance between technological progress and the protection of individual rights.

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History

  • Receive Date: 19 March 2025
  • Revise Date: 18 June 2025
  • Accept Date: 25 June 2025

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