Combating Cyber Crime From The Perspective Of Islamic Criminal Law

Penulis

  • Aicha Azdina Adly Fesya International Open University Kanifing Gambia
  • Rizky Zaidan Ketaren State Islamic University of North Sumatra

DOI:

https://doi.org/10.47006/attafahum.v6i2.29084

Kata Kunci:

Cyber Crime, Islamic Criminal Law, Ta'zir.

Abstrak

This article aims to analyze the concept of cybercrime prevention from the perspective of Islamic criminal law and examine its relevance to the development of modern digital crime. The research method used is normative legal research with a conceptual approach and a legislative approach. The data used consists of primary, secondary, and tertiary legal materials analyzed qualitatively. The results of the study indicate that although cybercrime is not explicitly recognized in classical Islamic criminal law literature, the basic principles of jarimah, particularly in the category of ta'zir, can be used to qualify various forms of cybercrime.

Referensi

Arief, Barda Nawawi. (2006). Mayantara Crimes: The Development Of Cyber Crime Studies In Indonesia. Jakarta: Rajagrafindo Persada.

Asy-Syatibi. (1997). Al-Muwafaqat Fi Usul Ash-Syari'ah. Volume 2. Dar Al-Kutubi.

Audah, Abdul Qadir. (2009). Islamic Criminal Law. Dar Al-Fikr.

Hanafi, Ahmad. (1993). Principles Of Islamic Criminal Law. Jakarta: Bulan Bintang.

Khallaf, Abdul Wahhab. Ushul Fiqh Science.

Maskun. (2013). Cyber Crime: An Introduction. Jakarta: Kencana.

Topo Santoso. (2003). Grounding Islamic Criminal Law: Enforcing

Sharia In Discourse And Agenda. Jakarta: Gema Insani Press.

Zuhaili, Wahbah. (2011). Fiqh Jinayat. Indonesian Translation. Azzam Library.

Unduhan

Diterbitkan

2022-09-30

Terbitan

Vol 6 No 2 (2022)

Bagian

Articles

Lisensi

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