Academic literature on the topic 'Computer crimes (Islamic law)'

Technology development cause crime in the world that keep fluctuating and changing. Cyber crime is one of crime activities which takes place in the internet and develop fast globally, even faster than the conventional crime. Cyber crime is not only about computer-crime, cyber-terrrorist, cyber-narco-terrorist, but also capable to make impact toward state economy. This paper aims to understand the implementation of Islamic law or Islamic criminal law to see cyber crime. Islamic criminal law has been developed many years ago before arrival of information technology. This paper describes how Arab, Brunei Darussalam, and China reduce crime by adoption of islamic law. Islamic law what meant here is a law based on Islam, not a law made by Muslims then applied by Muslims. Islamic law can be practiced in every single country, although they don't declare explicitly or they think that what have they done is not islamic law. Islamic law contains general principles to respon and develop efficient ways to overcome cyber-crime.

Technology development cause crime in the world that keep fluctuating and changing. Cyber crime is one of crime activities which takes place in the internet and develop fast globally, even faster than the conventional crime. Cyber crime is not only about computer-crime, cyber-terrrorist, cyber-narco-terrorist, but also capable to make impact toward state economy. This paper aims to understand the implementation of Islamic law or Islamic criminal law to see cyber crime. Islamic criminal law has been developed many years ago before arrival of information technology. This paper describes how Arab, Brunei Darussalam, and China reduce crime by adoption of islamic law. Islamic law what meant here is a law based on Islam, not a law made by Muslims then applied by Muslims. Islamic law can be practiced in every single country, although they don’t declare explicitly or they think that what have they done is not islamic law. Islamic law contains general principles to respon and develop efficient ways to overcome cyber-crime.

Abstract: This article discusses about the legal reasoning used by the judges to sanction a criminal law hacking in the website of President of the Republic of Indonesia in State Court of Jember No. 253/Pid.B/2013/PN.JR. The results of the study explained that in Islamic criminal law, there is an element of the crime of access to computer hacking and/or electronic systems belonging to others without permission. This is regulated in article 30 paragraph (1) of act 11 year 2008 on information and electronic transactions which can be analogized as like entering someone else’s home without permission, the act is prohibited by Islam because there are some similarities in its legal argumentation. It is because there is no provision in the text about this criminal act. The criminal act of accessing a computer/electronic systems owned by others without permission in the Islamic Criminal Law (Fiqh Jinayah) can be categorized as jarimah ta'zir submitted to ulil amri, in this case is the government.Keywords: Legal sanctions, crime, hacking website.

The effects of internet use bring with it many negative aspects linked to online fake news in Indonesia. Indonesia's fight against the spread of online fake news has been going on for many years. However, in 2017, the country experienced the biggest challenges in the bid to battle and resolve the rise of post-truth politics in the country. In addition, the spread of fake news in Islam is prohibited and perspectives from Islamic law equally discouraged the same. There is no harm in making gossip focused on sharing real experiences and emotions but Islam forbids any information being made with the intention of spreading rumors or falsehood. Therefore, the aim of this paper is to discuss online fake news based on Indonesia Law and Islamic Perfectives. The study conducts descriptive analytical literature review methods without using a basic assumption or proposition. Also, the literature used by the author for data collection includes primary and secondary sources from previous studies, such as publications, reference books, online news verification; and ayahs from Qur’an & Hadith that are centered on Indonesia Cyber Crime Law Settings. Cybercriminal offense governed in Law No. 11 Year 2008 on Information and Electronic Transactions (UUITE) relating to online fake news item number one: criminal offenses involved in illegal activities, such as: distribution or propagation, transmission, unavailability of illegal content, including: ethics (Article 27[1] UUITE), gambling (Article 27 [2] UUITE); disrespect or defamation (Article 27 [3] UUITE); outrage or threats (Article 27 [4] UUITE), hoax manipulating and damaging customers (Article 28 [1] UUITE); creates a sense of ethnic hostility-based bigotry (Article 28 [2] UUITE). Equally, online fake news is also not allowed in Islam and that is evident in some ayahs stated in the Qur’an, which among are: Qur’an (49:6) & (24:15). Since online fake news has to do with spreading lie, falsehood, rumors and gossips, Islam condemns all kinds of deceit. Therefore, spreading rumors should not be treated as trivial or casual nor be encouraged as a form entertainment due to the high concerns it can raise and its far-reaching implications.

This article discusses the legal protection of data privacy in electronic commerce in Iran. Currently, there is a gap in respect of data privacy protection in Iran as there is no specific privacy legislation in force. Consequently, e-consumers dealing in internet commerce are less protected. However there are rules and regulations in the laws in Iran such as the Islamic Republic (IR) of Iran Constitution, Computer Crimes Act, Penal Code, and Civil Liability Act which relate to privacy in general, although not directly related to data privacy in e-commerce. The Electronic Commerce Law (ECL) is the main legislation in Iran which contains some provisions on personal data privacy. This article discusses the relevant provisions in the ECL pertaining to data messages and privacy and interprets its various meanings to determine whether they are in line with well established principles found in good data privacy protection measures.

Hirabah is the nearest Shariah legal concept to terrorism. Modern technological change, however, has altered the nature of this crime so much that corresponding adjustments in the law of hirabah are inevitable. Remote control devices, precision device-timing, vastly destructive weapons, and even suicide bombings were not considered by early Muslim jurists in their scholastic articulations of hirabah. The Qur’anic conception of this crime, on the other hand, is broad enough to accommodate the needed adjustments, and which is what this article attempts to do – in other words, to reconnect the fiqh of hirabah to its Qur’anic origins. This is necessary as, in its global reach, the scourge of contemporary terrorism has greatly pained and anguished, not only Muslims, but humanity at large. The nature of the phenomenon before us demands suitable Shariah responses. To facilitate this, we have attempted to comprehend contemporary terrorism in its own terms. The discussion therefore begins by defining terrorism and hirabah. A review of the principal Qur’anic verse on hirabah is presented at the outset and then followed by a review and analysis of the fiqh of hirabah in the expositions of the leading schools of Islamic law. Being one of the prescribed hudud crimes, the Qur’an provides a four-fold punishment for hirabah, but while also opening the prospect of repentance and pardon for its perpetrators under certain conditions, and which Muslim scholars have elaborated upon in their deliberations. Yet what they have said in this regard has naturally been bound by the conditions of their own environment and time. This has involved elements of interpretation and speculative ijtihad. In our own attempt to bridge the gap between the fiqhi conception of hirabah and contemporary terrorism, we look into contemporary opinion and research on this phenomenon so as to encapsulate its salient new features. Terrorism has been overshadowed, to some extent, by the clamour generated by the so called ‘clash of civilisations,’ by Islamophobia and by confrontational politics, at the expense of reflective Shariah responses to issues. Muslim scholars have provided some through the issuance of fatwa and scholarly opinion, which we also review in a separate section below. The article ends with a conclusion and set of actionable policy recommendations.

The inner stability and resilience of Islamic finance will not hold, and the low risk element therein is bound to diminish unless the shari'ah principles are diligently observed. The world experienced two major financial crises within a decade: the currency and stock market crises of 1997-98, and now a crippling recession that began with the US subprime debacle caused by excessive lending to borrowers unable to make repayment. Both originated in ‘asset bubbles’ and unlimited creation of fiat money that loaded the market with the sale of debts, or bay' al-dayn, as it is known in the jargon of shari'ah law. Dealing in debts that lacked any asset base overwhelmed the financial system.

Moral values are considered an integral part of every aspect of life, but when they reach the extremes of social degradation and deprivation, they encompass all aspects of life that lead to the emergence of morality and civilization. This kind of dilapidation affects pure scientific tendencies and activities. The tragedy is that when moral and scientific values and traditions are destroyed in the specialized institutions and schools and universities for knowledge, wisdom, and cognition, it’s astonishing. It is a state of moral and mental inferiority beyond which and the concept of decline is not possible. Presenting the intellectual ideas and results of a leading researcher as one's own is called plagiarism in the field of science and research. Electronic theft refers to the theft of information that is available online in which the computer is used as a tool. Stealing data by using information technology devices or forcibly stealing something secure is called electronic theft. Using someone's property without his permission is an undesirable act in Islamic law and seizing someone's property from head to toe is an unforgivable crime. It is illegal in Islamic law to get acquainted with a person's secrets and to spy on his secrets. In this regard, the relevant Shariah point has been clarified in the article.

Studies carried out to investigate the immediate and remote causes of marital discord arising from many of the customary courts in Oyo State, Nigeria, revealed that out of 127 divorce-related cases, 87 involved Muslim couples. Out of this number, 53 were linked to custody of children (al-hadanah which is a regulation that has to do with whom should a child stay after the dissolution of marriage for his/her proper nourishment, protection and wellness in the process of upbringing). This issue has led to many serious disputes among Muslim couples and their families in many localities of the state so much that, in many cases, it has led to street fights, vandalisation of property, civil unrest and legal battles. To worsen the situation, without recourse to Islamic marital jurisprudence, judgments are passed in the customary courts in favour of either of the couples. Therefore, the aftermath of the court verdict does not end this debacle in some cases, with to snowballing into spiritual fighting, where family members of the couples bewitch one another to take custody of the children. This problem is not new but it has risen to an alarming proportion these days. It is against this backdrop that an attempt is made in this paper to examine the practice of child custody after divorce or separation in Islam with a view to laying to rest the series of crises associated with the determination of who is to take care of children after divorce and to bring to peoples awareness the shariah rulings on child custody. The paper concludes that al-hadanah is a measure in disguise to safeguard indiscriminate severance of the cord of marriage and that Islam, through its system of law, has provided practical and lasting solutions to every imagined and real problem of man and that adoption of children in its various forms and types is forbidden in Islam.