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Computer Crime and the Law from an Islamic Point of View

Keywords: texas law , computer crime law , Computer crime , Islamic law

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Abstract:

Information technology is facing waves of laws guarding the interest of people using the Web technology. These laws were derived from the common laws and legislations applied in general crimes. One of these laws is the law of the state is Texas in the United States in 1985. In a world which has more than one billion Muslims, it is time to consider proposing a law that is in line with their teachings. Several calls were also raised in the Islamic countries to establish a law suitable to handle computer crimes which matches the Islamic Shar`iah law. The main question to ask here is how can the Islamic law which was established in the seventh century handle crimes resulting from the use or abuse of the new technology and provide suitable laws for the protection of its computer users. To answer this question our research has analyzed the Adellah () (Shar`iah Evidences of Quraan, Hadith and Imams sayings) that match Texas computer crime law items to verify the outlook of Islam in computer crime. We set out to prove that computer crime with its high technology is not entirely a new type of crime that needs a new Islamic theory and thus is already covered by the general Islamic Shar`iah laws. Based on the available computer crime laws and our understanding of the Quranic verses, we propose to tackle this very difficult area by proposing a computer crime law from an Islamic point of view. We believe this research is the first of its kind and will open the discussion in this important area with the exception of one study which addresses the e-commerce from an Islamic view point.

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