الجريمة الإلكترونية في الفقه الجنائي الإسلامي

Abstract

The technicality of information and modern mass media have become part of the human behavior and system of values to all members of society including the Muslim community. Moreover, the use of technology has become one of the most important requirements of life and an indication of the social consciousness as it allows a wider choice in dealing with all areas of daily life. Nevertheless, the misuse of these modern technologies such as the internet and the computers, the speed of deployment and lack of control raises concerns in many cases. Therefore, this is due to the absence of religious faith and an effective guidance that might overcome the negative effects which resulted in the emergence of deviant behavior which in turn influenced the security system in the community. Hence, the importance of singling out a specialized scientific jurisprudential investigation has been found fundamental. The research was conducted to show the legitimate aspects of the cyber crime phenomenon in the Islamic criminal jurisprudence. It is an attempt to shed light and determine the size and style of the most updated crimes with an indication of their seriousness on public and private interests. This is for the purpose of laying down the outlines that identify how we could fight and reduce them with reference to the Islamic law. This latter is only lacking to exert more diligence, insight and permanent attendance at any emergency; and the discovery of the privacy for every time and place and the appropriate estimation for the rulings, procedures and measures.