Legal frameworks for combating information technology crimes: A study in light of Islamic Sharia and modern laws

یادداشت: عنوان فارسی: چارچوب های قانونی برای مبارزه با جرایم فناوری اطلاعات: مطالعه ای در پرتو شریعت اسلامی و قوانین مدرن.
This study examines the legal frameworks for combating information technology crimes, focusing on Islamic Sharia and modern laws. It highlights the challenges faced by traditional criminal law in addressing novel criminal patterns that exploit technological advancements. Information technology crimes are rapidly increasing due to technological evolution, placing significant strain on existing legal frameworks. This study demonstrates that Islamic Sharia, with its flexibility and comprehensiveness, offers both preventive and curative approaches to combat crimes, including emerging patterns like credit card theft, through traditional theft provisions or via discretionary (Ta’zir) punishments that grant judges broad latitude. In contrast, contemporary laws face challenges in keeping pace with these crimes, despite legislative efforts in countries such as the United States (CFAA), Algeria, Egypt, and Bahrain. The study underscores the critical importance of international cooperation, information exchange, and sharing expertise, citing the role of the Financial Action Task Force (FATF) in combating money laundering and terrorism financing linked to cybercrimes. The study concludes by emphasizing the historical precedence of Islamic Sharia in addressing these issues, recommending the development of Sharia-inspired legislation, protection of cultural identity, criminalization of intellectual property infringement, and the establishment of specialized courts for digital crimes.
Keywords: Information Technology Crimes, Islamic Sharia, Criminal Law, Cybersecurity, Ta’zir Punishments, International Cooperation, Money Laundering