جستجوی مقالات مرتبط با کلیدواژه "سرقت اینترنتی" در نشریات گروه "فقه و حقوق"

Cyber ​​theft as a new type of theft has been developed in cyberspace in recent decades. And this indicates the non-deterrence of existing laws, one of the most important factors in the weakness of the laws related to cyber theft is the knowledge of its nature and the incorrect interpretation and explanation of the Islamic Penal Code according to Article 12 of the Computer Crimes Law. And this is while cyber theft is not much different from physical theft in terms of substance and conditions and elements of the crime. The present article uses descriptive and analytical methods of jurisprudential arguments and existing laws in the position of feasibility of enforcing the limit in cyber theft. And the answer to the question is whether the definition and conditions stated about physical theft in jurisprudence and law are applicable to computer theft? What are the reasons for those who believe that it is ta'zir? Is the condition of blasphemy and taking property in computer theft applicable? Finally, by rejecting the reasons for those who believe that it is ta'zir and presenting a reason for the full compliance of the conditions, the extent of cyber theft has been proven.

Surveying the sources of Islamic law clarifies that the basis of criminalization and the punishment of theft and fraud is to protect the believer's and non-believer's property against the abduction or possession without permission by others and the principle of respect is the basis of this subject. Undoubtedly, however, no reference is made to internet type of these crimes in the sources of Islamic law. Therefore, this article by means of examining the different aspects of the aforementioned internet crimes, seeks to determine that how much internet crimes are compatible with Islamic law, and how Islamic law's resources can be used in illustrating and adapting the subject in modern criminal law. The findings of this study indicate that the lack of reference to internet theft and fraud in Islamic law does not authorize non-criminalizing of these crimes in current laws. Accordingly, the lawmaker, through referring to foundations of Islamic law that has banned and determined punishment for fraudulent, deceptive, and criminal offenses for gaining wealth by illegitimate ways, has placed internet crimes under discretionary (ta'zeeri) crimes. So that it would be possible to prevent immunity from these crimes and the orders of Islam based on which these crimes are forbidden would be regarded in the law. The present article, through a descriptive-analytic method and in order to ascertain the possibility of the Islamic law being compatible with Internet theft and fraud, attempts to conduct a comparative study of Islamic law sources approved by the Imamiyah and Sunni jurisconsults with internal regulations.

One of the issues that is required to study accurately for adapting to the jurisprudential precepts, is an Had penalty of the electronic thefts; they can be applied where there are all the requisite requirements of implementing of cut off the hand. One of these conditions is to break into safe custody in a electronic theft. With studying the concept of hacking and its manner on the websites and computer systems, it is observed that - with attention to jurisprudential and legal definition of custody and that Islamic law has left distinguishing a suitable custody of any property to the custom and reasonable precedence of any society - hacking can be a case of breaking in cyberspace which is happen by breaking codes of websites and computer systems, and its evidence is the custom`s judgment and opinion, and the existing precedence of internet users and IT and communication specialists.

One of the newly emerged issues in global communications and cyberspace is Internet plagiarism, which due to the lack of a codified law is unfortunately increasing in the number of its perpetrators. On the other hand, we know that the nature of Internet plagiarism, which is committed within the cyberspace, is different from that which takes place in real world. Thus, the question comes up as to whether the Internet plagiarism is the same as the theft commonly known in jurisprudence. How are the conditions materialized? Is in Internet plagiarism, as in physical (property) theft, the proprietor deprived of their property? Are data and information considered to be property? Is cracking a code (a password) an evidence of violation of privacy? What is the penal punishment for Internet plagiarism? Is it ḥadd (prescribed punishment) or ta‘zīr (discretionary punishment)?In this article, we aim at answering the above questions while elucidating the nature of Internet plagiarism, and eventually, considering Internet plagiarism to be liable to ta‘zīr merely because of the non-materialization of one of the conditions for theft – i.e. physical appropriation – as well as presenting a new method in discretionary punishment of a plagiarist user.