A Comparative Study of Islamic Jurisprudence and Contemporary Cyber Laws in the Context of Preventing Cyber Crimes

Abstract

One of the biggest challenges of the digital era is also the cybercrime, which impacts individuals, institutions, and the national security of people throughout the world. The swift proliferation of internet use, online communication and online financial infrastructure has predisposed the societies to diverse cyber dangers like hacking, identity trafficking, internet fraud, internet bullying, and information breaches. Although modern legal frameworks have been putting in place dedicated cyber laws to govern online activities and deal with these crimes, ethical and moral aspects have not been sufficiently considered. This paper outlines a comparative critique of the Islamic jurisprudence (Fiqh) and the modern-day cyber laws with an aim of discussing how the two structures can help combat cyber crimes in order to ensure that digital rights and social justice are upheld. The study focuses on the conceptual framework of crime and punishment in the Islamic jurisprudence, namely the concepts of Hudud, Ta zirat, and Qiṣas, and whether they can be applied in current cyber-related crimes. The Islamic teachings give prominence to the safeguarding of the human dignity, privacy, property and trust, which are quite congruent with the goals of contemporary cyber security rules. The paper also analyzes modern cyber law such as the Prevention of Electronic Crimes Act (PECA) 2016 of Pakistan, and international cybercrime conventions, in their focus on their investigations, prosecution, and prevention process mechanisms. The research applies the comparative and analytic approach to diagnosing some major similarities and differences in the two systems. Modern cyber laws are more concerned with legal enforcement and technology protection but Islamic jurisprudence offers a wider ethical code as it gives a moral accountability, responsibility to the God and wrongdoing prevention by spiritual and social reform. The paper is based on the claim that the ethical values of the Islamic law can be combined with contemporary cyber legislation to develop a more effective approach to the prevention of cybercrime. Finally, the study reveals that the Islamic jurisprudence can provide beneficial normative principles to respond to new cyber threats and reinforce the modern legal systems. Through the balance of applying legal enforcement and ethical values, the societies especially those dominated by Muslims can establish a moderate method of governing the internet and safeguard technological advancement alongside moral duty on the internet.

Keywords: Cybercrime, Islamic Jurisprudence, Cyber Laws, Digital Ethics, Data Privacy, Online Fraud, Islamic Legal Principles, Cyber Security, PECA 2016, Comparative Legal Study.