عقوبة التزوير الإلكتروني : دراسة فقهية مقارنة

Abstract EN

Assistant Professor, Department of Comparative Jurisprudence, Faculty of Islamic and Arabic Studies, Al-Azhar University, Cairo,  Egypt.

  Email:  ghonemy@azhar.

edu.

eg     The research aims to clarify the penalty for electronic forgery, as it is the scourge of all nations.

 The forger with technical expertise, intelligence and the ability to access systems and process data in various electronic devices,  has moved from the limits of time and place, efforts and finance to mischief of countries, indifiduals, public and local establishements.

He has even reached the private lives within social sites.

International gangs (hackers) have even appeared to penetrate the various electronic systems, either with a political, psychological, financial, or other purposes. In this study, I followed the comparative and inductive analytical approach in Islamic jurisprudence and positive law.

I have also mentioned the opinions of the jurists, the preponderant opinion, and the reason for preferring. That's because Islamic law is valid for every time and place has set texts that prohibited harm to property and forbade forgery, whether traditional or electronic.

 But there is no explicit text in Islamic punishment, rather it includes the discretionary punishment that the judge deems fit in deterring those crimes.

Moreover, I have referred to the articles of the laws that deter this heinous crime.

Among the most important findings that the researcher reached are the following:   The technological revolution and modern means of communication, makes electronic fraud easier.

   Electronic fraud that transcends continents, leads to personal, international and global harms.

  The aim of electronic fraud is to get personal benefits or demonstrating the failure of the electronic systems of ministries and governments and the ability to penetrate and destroy them.

  Harming financial interests, official and customary electronic documents, leading to distrust in them.

  Therefore, the researcher recommends:   Quickly enacting laws that deterrent these rapidly developing crimes  International cooperation to combat these crimes.

   Maximizing the role of morality in the hearts of young people, and cooperation to spread the culture of self-punishment of the individual in order not to harm others.

  Keywords: punishment- forgery- discretion,  electronic forgery.