Cybercrimes between Positive Law and Islamic Sharia: A Comparative Study

Abstract

This research examines the phenomenon of cybercrimes as a modern challenge resulting from the information technology revolution, adopting a comparative analytical approach between positive law and Islamic Sharia. The problem lies in the legislative vacuum within traditional laws, which often fail to keep pace with the rapid technical developments of virtual crimes that transcend geographical borders. The importance of the study stems from the need to establish a legal and Sharia-based framework to protect individuals and institutions from material and moral threats. The study clarifies the nature of cybercrimes and their various forms, such as electronic fraud, hacking, and intellectual property infringement. By analyzing positive legislation, particularly the Libyan law and international agreements, the research highlights the difficulty of applying traditional texts to digital behaviors. In contrast, the research presents Islamic Sharia as a comprehensive framework capable of addressing these crimes through the principles of "Maqasid al-Sharia" (Objectives of Sharia) and the system of "Ta’zir" (discretionary punishment), which provides flexibility in criminalizing any harmful behavior. The research concludes that while positive laws struggle with technical definitions and jurisdictional complexities, Islamic Sharia offers a stable moral and legal foundation that criminalizes harm in all its forms. The study recommends the necessity of updating positive penal codes to align with the flexibility of Sharia principles to ensure effective criminal protection in the digital age.