The Study of the Necessity of Ensuring Security in Cyberspace; a Governmental Figh Approach

This research aims to find the jurisprudential arguments for the rulings in favor of the necessity of ensuring security in cyberspace in all its aspects by the Islamic government. This research has been conducted on the basis of governmental jurisprudence. Apart from the data gathered from the library sources, this research has been conducted by making use of documentary evidence and the descriptive-exploratory method. Having studied the concepts used in this research and the methodology based on the jurisprudential approach, the numerous jurisprudential statements and laws were taken to be the evidence for rulings in favor of the necessity of ensuring security in cyberspace in all aspects of it by the Islamic government including discretionary penalty determined by the Muslim judge', the unlawfulness of keeping heretical books, penalty for waging war against Allah, intimidation, unlawfulness of misrepresentations (fraud) in buying, selling, etc., the unlawfulness of 'najsh' ( which, in Islamic terminology, refers to a situation in which a person, a mediator, pretending to buy an article, increases its price, not because he wants to purchase it but because he wants to encourage someone else by deception to purchase it; surcharge; unjust dealing; ) unlawfulness of violating people's privacy, extinguishment of liability due to the harm inflicted on someone who intrudes on a person's privacy and the rule of the rejection of infidels' dominance over Muslims. Consequently, the necessity of ensuring religious and doctrinal security, moral security, psychological security, security of saving one's reputation, financial and economic security, security against intruding one's privacy, life security, security of national classified information in cyberspace have been established and according to the governmental jurisprudence approach which is epoch-making, in addition to anegative behaviors of the government, the positive behaviors have been rendered necessary.