Information security in the Islamic Republic of Iran; Jurisprudential-political approach

Document Type : Original Article

Authors

1 PhD student Department of Jurisprudence and Fundamentals of Law and the Thought of Imam Khomeini (RAH), Yadegar-e-Imam Khomeini(RAH) Shahre Rey Branch, Islamic Azad University, Tehran, Iran.

2 Professor, Department of Religious Studies and Law, Saveh Branch, Islamic Azad University, Saveh, Iran

3 Asistant professor of Jurisprudence and Principals of Islamic Law Department, Faculty of Islamic Sciences and Researches, Imam Khomeini International University, Qazvin, Iran.

Abstract
This research was conducted with the aim of clarifying the position of information security within the structure of the Islamic Republic of Iran, relying on jurisprudential-political foundations. In today’s world, which has become information-centered societies, data play an indispensable role in decision-making processes. Advances in information technologies have led to increased use of data in all fields to the extent that one can claim the cycle of development has become highly influenced by informational development and, conversely, has also affected the information society. The present study, using a qualitative method and analysis of library documents, examines the question: given the jurisprudential-political foundations in the structure of the Islamic Republic of Iran, what status does information security hold? In this regard, political and legal measures related to information security and the influence of Islamic and jurisprudential principles on it are examined. The role of individual rights and privacy as variables affecting current and future security policymaking has also received special attention.
In the literature review section, the article provides a comparative analysis with other related studies, highlighting its distinctions across several key areas. These distinctions include: a focus on information security at the national level of the Islamic Republic of Iran, a special emphasis on the position of individual rights and privacy, the adoption of a practical and policy-oriented approach, and an examination of the current situation and operational measures in the field of information security.
Research in its theoretical literature, while defining the key concepts of security and information, first defines security in terms of vocabulary as meaning safety, freedom from fear, and the absence of unpleasant expectations. Then, it considers individual, social, cultural, political, economic, environmental, cyber, and military aspects of security to be worthy of examination. Information is also considered a fundamental pillar comprising data that can be valuable and obtained from various sources.
Examining the Law on Publication and Free Access to Information as a political strategy within a legal framework is another issue addressed in the present study. Although this law, by virtue of being a law, has a legal nature, the fundamental root of its nature is based on political values. The enactment of this law in 2009, considering the history of Iranian political history and based on the jurisprudential and interpretational foundations of the constitution, was carried out.
In the section on Islamic government and information security policy-making, the article explains the concept that policy-making is a term intertwined with the government, the state, society, and its public affairs, and evokes government action in the proper management of public affairs. The quality of information security policy-making and the type of political system governing countries are effective variables in determining the scope of information domains at the national level.
The section on jurisprudence of information and security in Islamic political theory examines the role of jurisprudence as a discipline that systematizes relationships within Islamic society. Although no specific chapter is dedicated to security and information in jurisprudential works, a review of the sources of deduction, along with jurisprudential opinions, indicates the existence of extensive but scattered jurisprudential discussions in this regard. Rulings related to revealing secrets, the prohibition of espionage, the necessity of protecting individuals' privacy, rulings related to backbiting and disseminating individuals' private news, and transferring sensitive information to enemies during wartime are among the jurisprudential opinions related to the jurisprudence of information.
This research examines the political-legal measures of the Islamic Republic of Iran in information security in four main categories: principles of the Constitution (such as Principles 24, 25, 69, and 176), laws on information and communication technology (such as the Electronic Commerce Law and the Law on Publication and Free Access to Information), the establishment of supreme councils related to information and information security (such as the Supreme Council of Cyberspace and the Supreme National Security Council), and directives and announcements of organizations and councils responsible for ensuring information security. The jurisprudential-legal foundations of these measures are also examined in several main areas: ensuring the simultaneous freedom and security of information, the need to respect the privacy of personal information, the need to respect the psychological security of society in the dissemination of information, and liability arising from material and moral damages of information dissemination.
Finally, in the conclusion section, the article concludes that information security in the Islamic Republic of Iran has a multi-dimensional nature and is directly influenced by the jurisprudential-political foundations of the system. Respect for privacy, prohibition of espionage without religious and legal permission, and emphasis on the psychological security of society are among the key principles that shape security policies. Also, the balance between freedom of information and national security is emphasized as a fundamental challenge in this area

Keywords

Subjects

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