Respect to Privacy in Judiciary System in Imam’s Thoughts

On December 13th 1982, Imam Khomeini issued an Eight Articled Directive to the authorities of the judiciary system and all execution organizations about changing the regulations to an Islamic form. We could consider this Directive of Imam, which was published four years after the revolution, as a jurisprudence verdict which was challenging the judiciary system.

The founder of the Islamic Republic of Iran, through this directive emphasizes on protecting people’s privacy. Among all of Imam’s messages, his Eight Articled Directive is highly notable. Other than protecting people’s privacy, it considers both sides of human dignity meaning inherent value and dignity of individuals and stresses on basic and important principles such as preserving human’s dignity in the field of  security.

Below you could find the ideas of different people about Imam's Eight Articled Directive:

A message to reserve the individual’s privacy

Dr. Abdolwahhab Forati

If today the works of Imam Khomeini would have been studied, most of the problems that our country is struggling with today wouldn’t have appeared; indeed some of his writings and commands are so notable that they could be counted as Imam’s policy for a scientific perspective. Consider that it is said that John Locke has an essay about liberal theory; that western thinker has a great essay about civil liberation that his work is the source for liberal systems. With this similarity if we want to study Imam Khomeini’s essays and writings about religious governing we will find that Imam’s ideas are quite strong about governing a society and it has been a source to changes in systems and it has helped solving lots of problems. Then why such magnificent theories aren’t used accurately? One of his commands was the Charter of Clergy. The second one is the Charter of Brotherhood which looks at unity issues from a high level; and the third which hold high boldness in social fields is the Eight Articled Directive. In fact Imam’s Eight Articled Directive is an official announcement from a religious scholar about civil rights and it shows the path for the government, and all these are despite its meaningful words and the great analyst which we could have about its different dimensions.


Imam Khomeini’s Eight Articled Directive Are One of His Strongest Ideas

Hojatoleslam Hossein Ansarirad (head of the 90th article commission of the 6th parliament of Iran)

Ansarirad points that only the background and reputation of people can’t be a measure for their current acts and conditions. Any one should be responsible for what he has done in the current time and that how much is his action based on the law and Sharia. We do not defer between the IR Iran’s law and the Sharia, no one has the right to do against the law because of what he used to be, and this is what Imam has emphasized on.

We could say the preservation of others’ privacy is an important matter that includes a sensitive part of Imam’s Eight Articled Directive.

Ansarirad's assumption from Imam’s Eight Articled Directive is respecting the constitution and preserving the public security and attracting the trust of all the citizens of our country, Imam emphasizes on status that all the people of this country could have complete trust in their personal and public life, and there rights to be respected and to live under the law and regulations.


Ayaatollah Dr. Mohaqeq Damad (head of General Inspection Office of Iran in the Eight Articled Directive committee) defines Imam's Eight Articled Directive as an action to enforce laws and regulations and to protect the life, property and privacy of people and respecting civil rights.


“An important message has been issued by Imam to prevent the extremists and harassment of people and spying on them and improper filtration. It’s an effective message.” These are what Akbar Hashemi Rafsanjani (Chairman of the Expediency Discernment Council) wrote on the night of October 24th 1982.

Hojatoleslam Hossein Mousavi Tabrizi (Attorney General of the revolution during Imam Khomeini’s leadership)

All the sayings of Imam Khomeini are based on the Quran, Nahj al-Balagha and the way of Imam’s livings and they are all among people’s fundamental rights and today in the world everyone believes in civil rights. Imam Khomeini’s word is a solution for all times, especially today. If today in the society there is a kind of gap between people and the authorities it's because we are lacking a complete jurisprudence system in our society. People don’t have a jurisprudence system to walk on its path. I believe that Imam Khomeini’s Eight Articled Directive should be more noticed today even more than 1982 which it was issued.


What were the goals of Imam’s Eight Articled Directive?

Sayyid Mahdi Husseini

The issuing of this message was quite a happy and pleasure news for the nation and it brought hope to everyone, and now that almost three decades has passed from it, still studying it will give us self-confidence and brings us a lot of questions. Such as why was this directive issued? What were the reasons for the late Imam to issue this message?

Imam’s Eight Articled Directive which were issued to submit law and public safety, have other dimensions too, and by studying them we’ll reach to a lot of economic, safety, political and social achievements and as time passes by the need for studying them is more recognized. I hope that it’ll be studied by those who care, because it holds crucial and determining teachings within itself.


Political parties also welcomed the issuing of these commands, and emphasized on the importance of executing them. Even Rah-e-Tudeh magazine (belonging to Tudeh Party of Iran) in its weekly analyze on October 28th 1982 wrote: “Imam Khomeini’s message responses to an essential need of our society on a great turning point in Iran’s revolutionary society. Imam’s message shows the objective necessity of preparing a safe and calm environment along with respecting the law and legality, a calmness relying on the law and a law which will protect the revolutions achievements.” The Freedom Movement of Iran (FMI party) also in a letter to the head of the Supreme court wrote: “The warnings in Imam’s message about protecting people’s rights and avoiding desecration towards them, came from the content of Islamic Sharia and are completely synchronized with God’s commands in his book and the constitution which approximately all the people have accepted it,… we hope that issuing this message could encourage everyone to execute God’s rules and the constitution, and it could open a new season in our young republic if it won’t stop in the level of announcements, resolutions, speeches, seminars and political exploitations.”


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