Islamic Law and Cybercrime: Developing a Shariah-Based Framework for Digital Security in Pakistan

Abstract

The development of digital technologies has had an impact on almost every area of life in the country, including communications, trade, education, finance, and government administration, etc. However, in addition to the benefits offered by these innovations, criminal activities such as hacking, fraud, online stalking, illegal access, identity theft, data theft, defamation, and harassment have become a threat not only to individuals but also to businesses. In Pakistan such offences are governed by the Prevention of Electronic Crimes Act (PECA) of 2016 and the National Cyber Security Policy of 2021. Nevertheless, the law is still developing through the introduction of amendments and new regulations. Moreover, Islamic law provides another method of addressing cybercrime control since the principles of Islam such as ʿadl (justice), amānah (trust), protection from harm (ḍarar), protection of privacy, protection of property, and maṣlaḥah (the public good) are relevant. Therefore, the purpose of this paper is to propose a Shariah-based solution to the problem of cybersecurity in Pakistan on the basis of the principles of maqāṣid al-sharīʿah and taʿzīr. The paper states that cybercrimes are not ḥudūd offences, which means that they should be dealt with by means of taʿzīr.