طرق و إثبات جريمة الاحتيال في المعاملات الإلكترونية و وسائل مكافحتها في الفقه الإسلامي و القانون

الملخص EN

The criminal is terrible in his behavior, savage in his actions, evasive and deceiving in cunning ways, and he does what the mind cannot imagine, for he has intelligence and intelligence, and methods that are not exhausted, inspired by the malice of himself and the Devil, and if we follow their behavior, actions and methods, they are in degrees and conditions, some of them baffle the rational, and some of them are trivialities driven In the chapters, whatever its type and attributes, it has bad intentions, harmful results, and their knowledge and disclosure of them re-o quires skill and good experience, wide knowledge of souls and accurate knowledge of behavior, and due to the importance of the subject, the jurists and jurists have put in place mechanisms and methods for proof and evidence, according to different fatalities and conditions, the methods of proof differ from what was previously mentioned.

In writing the research, I followed the inductive analytical and descriptive approach, comparing between Islamic jurisprudence and law, with a suitable plan to arrive at the following results: After researching, investigating and comparing digital virtual crimes in man-made laws, there is no fixed and known text on which to rely internationally, and there is a legislative and legal vacuum to address this, and there is a lack of evidence and evidence, and it is not like traditional crimes in a new guise, it is a crime on the necessary purposes that requires discretionary punishments in jurisprudence.

Islamic according to the size and variation of the crime.

The criminal personality of the fraudster is subject to discussion, because many of them are underage juveniles, or virtual personalities, crossing borders and continents, or from bank employees and employees, and the evidence mechanisms require extensive contemporary additions of techniques and documents to collect evidence and evidence.

Types and forms of fraud are dependent on human intelligence, and their intelligence is inexhaustible, and his tricks do not end.

He impersonates many qualities and personalities, and wears different clothes and masks, and there are many shapes and types.

Electronic transactions by which we mean anything that embodies a material value, so it falls under the necessary purposes.

It is necessary to take the necessary measures for that, so that the world can enjoy this cultural treasure and the enormous wealth in quantity and diversity.

The study recommended the following recommendations: Seeking to train a professional judicial body, with wide powers, to support technicians, program designers, maintenance engineers, investigators, and technical inspection experts, to deal objectively with developments, contemporary technologies, with international standards, appropriate controls, and rapid intervention in case of suspicion, hundreds of millions More and more people deal in this field.

The criminal surprises the victim, and erases the traces in a moment.

Filling gaps, pretexts, narrowing the field, strict policy in financial transactions، and the authorities’ agitation for the security protection of the Internet that the criminal enjoyed, so what is attracted to this field is money.