The crime of electronic defamation in positive law and Islamic jurisprudence

Abstract

Abstract

The study showed the crime of electronic defamation in positive law and Islamic jurisprudence, as in this era, the crimes of slander, insult, cursing and defamation via websites have become a widespread phenomenon. By publishing comments directed at others and issuing obscene words and offensive statements via social media, criminals are able to harm their victims without bearing full responsibility for their actions. The problem with the study is that offensive content can spread among millions of users in a short time, while at the same time the perpetrators of these crimes are able to hide their true identities and avoid accountability for their actions. Therefore, there is an urgent need to study the jurisprudential provisions related to the crimes of slander, insult and defamation via social media, in addition to stating the position of the Jordanian legislator on them. Hence, a major question arises from this problem: What is the position of Islamic jurisprudence and positive legislation on the crime of electronic defamation? This study aims to clarify the concept of the crime of electronic defamation and highlight its pillars and characteristics, with the aim of defining the features of this crime and clarifying its mechanisms and dimensions, and revealing the penalties used by both Islamic jurisprudence and positive laws. Among the most prominent results and recommendations reached are that defamation crimes via social media are modern and urgent topics at the national and international levels, as they threaten the security of individuals and society, and I recommend the establishment of security units specialized in investigating and uncovering electronic defamation crimes.

Keywords: defamation, electronic, law, Islamic law, crime.