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Right to the Profile Picture (Its Meaning, Its Jurisprudential Adaptation, And Responsibility for Violating It, Jurisprudentially and Legally) |
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PP: 2649-2664 |
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doi:10.18576/isl/121015
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Author(s) |
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Ali Saleh,
Mohammad AL-Tawalbeh,
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Abstract |
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| Islamic law has approved a number of rights related to human dignity and the preservation of his secrets, including not photographing him without his consent, or without controls that preserve his dignity. However, infringement may occur in this area - especially with the spread of mobile phones and other means of photography - so this study came to examine the jurisprudential rulings. Related to this type of infringement in terms of: the jurisprudential adaptation of the infringement by photographing a person without his consent, and the extent to which this act is considered a crime punishable by its perpetrator, and the person harmed by it deserves compensation. The study presented this topic on the one hand: clarifying the concept of infringement of the right to the image, explaining the legitimacy of the right, Islam’s guarantee of rights and freedoms, the jurisprudential adaptation of the infringement of the right to the image, the civil liability resulting from photographing a person without his consent, as well as the punishment resulting from photographing him without his consent. And the position of Jordanian and Kuwaiti laws in all of this. The methods of induction, analysis and comparison were followed. It concluded that Islamic jurisprudence requires establishing the right to the image as an independent right, and that it is a human privacy that must be preserved, and that assaulting a person by photographing him without his permission is a crime that requires removing the harm by destroying and erasing the image, and imposing a discretionary punishment on the transgressor that is proportional to the amount of harm inflicted on the attacked person. It is also possible to resort to financial compensation for the moral damage resulting from the infringement in this case within a narrow scope and according to controls, including: that it should not be expanded upon, that it should not be fundamental, that it be subject to fair rules that guarantee the seizure of people’s money or its unlawful consumption, and that it be within Legally defined situations. This is what the Jordanian and Kuwaiti laws adopted, despite their differences in expansion. It recommended paying attention to jurisprudential issues related to technological progress related to social media, digital media, and artificial intelligence. Due to the many issues that require jurisprudential study. It is necessary to set legal restrictions on dealing with the means of scientific progress on a global level, which contribute to controlling all people’s dealings with modern technology, in a way that benefits and protects others.
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