نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
In today's world, significant developments in information technology and the expansion of electronic commerce have led to the emergence of new legal and jurisprudential challenges, including the phenomenon of fraud in online transactions. This research aims to analyze the civil and criminal liability for fraud in cyberspace from the perspective of Islamic jurisprudence and law. In this regard, the jurisprudential foundations of civil and criminal liabilities, such as deception (ghish), breach of trust (khiyanat), and transgression (ta'addi), are first examined, and then the application of these concepts to digital realities is analyzed. The findings indicate that fraud in online transactions, in addition to violating ethical principles and trustworthiness, warrants both Hudud (fixed) and Ta'zir (discretionary) punishments. Furthermore, the civil liability of the contracting parties and platforms requires the development of more precise regulations that can align with the complexities of cyberspace. Challenges such as the admissibility of electronic evidence, the problem of hidden identities, and the liability of platforms have also been discussed and examined in this research. Finally, solutions such as the revision of jurisprudential rulings, the drafting of comparative laws, and the strengthening of oversight and security are proposed. This research, while emphasizing the necessity of aligning Islamic jurisprudence with technological developments, represents an effective step towards strengthening the security of online transactions and preserving public trust in digital systems. This matter is not only an economic necessity but also a religious and social commitmentاد عمومی به سیستمهای دیجیتال است. این امر نه تنها یک ضرورت اقتصادی، بلکه تعهدی دینی و اجتماعی محسوب میشود.
کلیدواژهها English