Cybercrime in Algerian law and Islamic Shariʿah

• HALLABI Abdelkader

  University of Ghardaia

In modern times, crimes have emerged that have sounded alarm bells, as they did not exist in earlier eras. This has led the West to underestimate the Islamic religion and accuse it of inadequacy on the grounds that no explicit rulings were articulated regarding such crimes, among them cybercrime. The latter has not been explicitly addressed by classical jurists, as it falls within the category of nawāzil (unprecedented contemporary issues). Accordingly, this study aims to clarify the reality of cybercrime, to examine the perspective of Islamic Sharīʿah toward it, to identify its constituent elements, and to elucidate the motives that drive the perpetrator to commit it, despite the fact that such perpetrators are often considered educated individuals possessing high intellectual capacities.

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