CYBER CRIMES AND THEIR LEGAL STATUS: A COMPARATIVE STUDY BETWEEN ISLAMIC LAW AND INTERNATIONAL LAW

Abstract

In the contemporary era, the rapid expansion of the digital revolution and information technologies has profoundly transformed human society, economy, and legal systems. As a consequence of these developments, a new dimension of criminal activity has emerged, commonly referred to as “cyber crimes.” These offenses transcend traditional geographical boundaries and operate on a global scale, characterized by speed, anonymity, and increasing complexity. In this context, legal systems face a fundamental challenge in defining, classifying, and effectively regulating these emerging forms of crime within coherent legal frameworks.This study provides a comparative analysis of the legal status of cyber crimes within the frameworks of Islamic law and international law. In the Islamic legal tradition, the concept of crime is deeply rooted in ethical and spiritual principles, where the objectives of Shariah Hifz al-Din (protection of religion), Hifz al-Nafs (protection of life), Hifz al-Mal (protection of wealth), Hifz al-Aql (protection of intellect), and Hifz al-Ird (protection of dignity) serve as foundational pillars. Within this framework, cyber crimes are generally addressed under the discretionary category of Ta’zir, allowing flexible and context-based legal responses. In contrast, international legal systems regulate cyber crimes primarily through statutory laws, conventions, and treaty-based frameworks, including instruments such as the Budapest Convention and the General Data Protection Regulation (GDPR).

The paper critically examines the theoretical, doctrinal, and practical dimensions of both legal systems. It highlights the ethical and objective-based (Maqasid-oriented) approach of Islamic law and explores its compatibility with modern legal requirements. At the same time, it analyzes key challenges within international law, including jurisdictional conflicts, admissibility of digital evidence, and limitations in cross-border enforcement mechanisms.The overall findings indicate that although Islamic and international legal systems differ in their philosophical foundations and structural design, both share a common objective: the protection of human rights, the establishment of justice, and the maintenance of social order. Therefore, the study emphasizes the need for a more integrated legal framework capable of addressing the evolving challenges of the digital age.