الجناية الإلكترونية في الفقه الإسلامي والقانون البروناي

Abstract

Technology development in this century has changed many things such as education, business transactions and so on. We don't realize that this development has caused positive and negative impacts to our daily life. one of the most obvious negative impacts is the improvement of skills and technics of criminals in doing crimes involving electronic gadgets for example. stealing informations and data with special technics without the owner's conscience. This study explains the varieties of cyber criminal and focuses on one kind of electronic crimes which is stealing information from electronic device. This study will use the application of the conditions of stealing in Islamic Jurisprudence in electornic crimes and to find out whether the act of stealing informations through electronic device will be given hudud or ta'zir according to Islamic Law. The study in conducted using qualitative methodology where the researcher collects the informations from Islamic Jurisprudence books, journals, related past studies and internet. The findings from this study is that stealing from electronic device differs from stealing physical things which resulted in hudud because there are some conditions that are not met which is the stolen thing is not properly taken care of. Hence, the punishment for such crime falls under ta'zir and not hudud as the criteria of stealing are not fully present.