Cybercrimes and Their Rulings in Islamic Jurisprudence: A Comparative Study

Abstract

This study aims to clarify the jurisprudential characterization of cybercrimes and their rulings in Islamic law, with a brief comparison to positive law. The research addresses the concept and characteristics of cybercrimes and examines the Sharia foundations for criminalizing electronic acts. It also analyzes the jurisprudential classification of major cybercrimes such as online fraud, electronic defamation, cyber espionage, system intrusion, and spreading misinformation through digital platforms. The study discusses the applicable Islamic penalties and concludes that discretionary punishment (Ta'zir) constitutes the primary legal framework for most cybercrimes, while certain fixed punishments may apply under specific conditions. The research finds that Islamic legal principles and objectives are capable of addressing cybercrimes effectively and ensuring the protection of rights in the digital environment.