Cybercrimes in the Digital Economy: A Foundational Jurisprudential Study

Authors

  • د. مريم أحمد علي الكندري جامعة الكويت

Keywords:

cybercrimes, cybersecurity, Financial Crimes, Digital Economy

Abstract

Abstract:

This study explores the nature of cybercrimes within the context of the digital economy, their distinctive features, and the methods by which they are committed. It also presents selected types of cybercrimes alongside their corresponding rulings under Islamic law.

The researcher employed both inductive and analytical methodologies to examine these issues. The study concludes that the objectives of Islamic law (maqāṣid al-sharīʿah) are centered on the preservation of the five essential necessities and their protection from harm. As such, it is impermissible to destroy or corrupt software programs, as they are considered financial assets, and damaging them constitutes the destruction of property.

The study further affirms that intellectual property is recognized in Islamic jurisprudence as protected wealth, making it unlawful to copy software if the creator has explicitly retained reproduction rights. It establishes that liability must be borne by anyone who damages an electronic document in a way that causes the loss of a financial right dependent on that document. The research also rules the forgery of digital documents and the theft or hacking of electronic currency to be impermissible, along with acts of blackmail, threats, incitement to immorality, and other personal violations. Moreover, cybercrimes that compromise national or international security—such as cyberterrorism and money laundering—are strictly prohibited.

The paper underscores the vital role of cybersecurity in combatting modern cybercrime, asserting it as a critical necessity for safeguarding national, international, individual, and corporate security in the digital era.

Published

2025-06-18

Issue

Section

Articles