السرقة الالكترونية: تكييفها الشرعي وطرق اثباتها

Abstract

The subject of the study deals with one of the emerging issues in Islamic criminal jurisprudence, It is electronic theft, which includes stealing information’s and software’s and stealing money by hacking websites and bank accounts, Credit cards and so on. And here The issue of the legal adaptation of this contemporary crime is raised, is it a Punishable (Hadd'iyah) crime or an Discretionary punishment (Taizir'iyah) crime? This is from one hand. On the other hand, the study examines the possibility of relying on new evidences in proving this crime, Especially since the evidences in general, including contemporary evidences is not a A consensus among the scholars of Sharia, It did not have agreement on its legality in proving (Hodoud) crimes.In this way, we follow the contemporary jurisprudential opinions scattered on this subject, Trying to gather and collect the Diasporas to reach a solid opinion based on legitimate evidences, and the Total Purposes of Sharia.