Associate Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Literature and Humanities, Central Tehran Branch, Islamic Azad University, Tehran, Iran. (Correspounding Author)
Abstract
Moharebeh is one of the Hudud crimes in the Islamic penal system, signifying disruption of public security and disturbance of social order. In Islamic jurisprudence and the penal codes of Iran and Egypt, this crime has traditionally been confined to physical environments and violent acts. With the expansion of modern technologies and the emergence of cyberspace as a principal arena for social, economic, and security interactions, the question arises as to whether the environment for committing the crime of Moharebeh can be extended to cyberspace. This study aims to explore the feasibility of expanding the concept of the environment in defining Moharebeh to include cyberspace, through a comparative analysis of the penal systems in Iran and Egypt. The research employs a descriptive-analytical method, utilizing jurisprudential, legal, and comparative resources, and relies on library-based and document analysis methods for data collection. However, extending the concept of the environment in defining Moharebeh requires a reconsideration of traditional definitions and the adoption of modern legal interpretations. This study emphasizes the importance of aligning legal systems with technological advancements and the necessity of enacting clear and coherent laws in this regard. The findings offer solutions for enhancing the capacities of criminal law in addressing cyber security threats.
Yaghouti,E. (2024). Feasibility of Expanding the Concept of Environment in Defining the Crime of Moharebeh to Cyberspace (With a Comparative View to Egyptian Legal System). International Criminal Law, 2(4), 13-26.
MLA
Yaghouti,E. . "Feasibility of Expanding the Concept of Environment in Defining the Crime of Moharebeh to Cyberspace (With a Comparative View to Egyptian Legal System)", International Criminal Law, 2, 4, 2024, 13-26.
HARVARD
Yaghouti E. (2024). 'Feasibility of Expanding the Concept of Environment in Defining the Crime of Moharebeh to Cyberspace (With a Comparative View to Egyptian Legal System)', International Criminal Law, 2(4), pp. 13-26.
CHICAGO
E. Yaghouti, "Feasibility of Expanding the Concept of Environment in Defining the Crime of Moharebeh to Cyberspace (With a Comparative View to Egyptian Legal System)," International Criminal Law, 2 4 (2024): 13-26,
VANCOUVER
Yaghouti E. Feasibility of Expanding the Concept of Environment in Defining the Crime of Moharebeh to Cyberspace (With a Comparative View to Egyptian Legal System). ICLJ, 2024; 2(4): 13-26.