A Study of the Limitations of Expediency in private Domain in Contrast to Social Interests with an Approach to the Foundations of Islamic Jurisprudence

The qualities of loving loneliness and sociability in human nature have a deep relationship with each other despite their dichotomy. On the one hand, loving loneliness causes individual independence in a way that one does not accept any violation of community to this internal origin. On the other hand, innate tendency to make social relationship with others forces him to socialize with them. The interaction between these two human natural characteristics with expediency as the source of legitimacy of jurisprudential propositions has acquired realization finding different manifestations in various fields of life according to time and place requirements. Among all other things, the concern of protecting privacy as one of the most important desirable objects of human being has a historical background. Islamic jurisprudence with its substantial foundations is one of the protectors of this fundamental right, and has emphasized it through instances such as ban of inquisition and search, ban of bothering others, etc. Accordingly as long as there is no pressing social need, it is expedient not to reveal people's personal affairs. In the conflict between this interest with public interest, religious holistic and justice - oriented rationality imposes some limitations on individual interests in certain cases based on motivations such as maintaining security, national and governmental interests, social ethics, safeguarding labor law and public health via certain evidences such as the priority of more important things to less important ones, preventing disturbance in the entirety and rule of religion. This rationality prefers defending the public domain, and priority of social interests to jurisprudential foundations supporting privacy rights such as domination, lack of Guardianship, confidentiality, prohibition of inquisition and the things like probate (hisbah).