Recording Conversations Between Violation of Private Life and Evidence of Proof (A Comparative Fiqh)

Abstract

Unauthorized recording of conversations and the resulting infringement and violation of the right to private life, which Islamic Sharia and positive laws have sought to protect from intrusion and violation, is a serious matter. For this reason, Islamic Sharia has prohibited spying, eavesdropping, and the transmission or recording of conversations without permission, considering it a breach of sanctity.

Similarly, Libyan law, following the example of other legal systems in preserving the sanctity of private life, which is considered an individual right, has established strict controls to ensure it is not violated, even by state authorities and their employees. These controls are kept to the narrowest limits, even when pursuing justice and the public interest. This is achieved by requiring a judge's permission to monitor telephone calls and record conversations for them to be accepted as legitimate evidence. Otherwise, they are considered a mere presumption, like any other circumstantial evidence, which does not rise to the level of proof and is subject to the judge's discretion and freedom in forming their conviction. This is especially critical with the emergence of artificial intelligence technologies capable of mimicking and forging conversations and recordings, making it difficult to distinguish them from original conversations. Therefore, it is imperative to stipulate that such recordings must be obtained through legitimate means to be admissible.