جريمة إغراق البريد الإلكتروني بالرسائل الاقتحامية في القانون الإماراتي : دراسة فقهية مقارنة

Abstract EN

This study seeks to clarify the jurisprudence and legal attitude towards the crime of dumping e-mail with SPAM.

The study attempted to achieve a number of objectives: analysis of the meaning of SPAM, explanation of the statement of jurisprudential ruling on sending SPAM, and clarification of the position of the UAE legislator.

This study followed the analytical method by examining jurisprudence and legal texts, comparing them, and concluding that there is an agreement between Islamic Jurisprudence and the UAE law on criminalizing this act.

As for this crime’s penalty, it falls within the framework of “Ta’zir”, which is subject to the discretion of the judge: it is either is imprisonment and fine or one of them.

The UAE legislator has equally added some subordinate penalties.