Jurisprudence Rules Related to the Crime of Electronic Extortion
DOI:
https://doi.org/10.36473/ujhss.v61i4.1890Keywords:
jurisprudential rules, the crime, blackmailAbstract
In the light of the rapid technological development that we live in, the world has become a small village, in which a lot of science and information has grown, and new problems have been born in it that are rapidly spreading like wildfire, the most prominent of which are (social communication problems), and they are many, and the most important of them is the problem of (extortion), which has become an assault on the sanctities of people and their reputation as a prominent feature in it, in which the weak of souls found a way to bargain in the exploitation of information, with the intent of defaming reputation, financial gain, or infringing on the honor of others, or it may be all grouped in it. So, this research was to introduce its provisions according to Iraqi law and Islamic jurisprudence. In our research, it was necessary to divide the research material into two parts. The first section contains the conceptual framework of the terminology of the title, from standing on the concepts of jurisprudential rules, electronic extortion, synonyms for it, its images and its danger to Iraqi society, and the punishment of such a crime between Sharia and Iraqi law in particular. As for the second section, it was the search for the most important rules. The jurisprudence under which the provisions of the crime of electronic extortion fall in particular. At the end of the research, we stood on the most important results, including: Extortion is a crime that combines threats, defamation, and coercion to give money or even to practice adultery. Sharia prohibited all forms of extortion, taking money unjustly, and assaulting the honor of others, whatever their reasons. The blackmail of women is the most famous and widespread type of electronic blackmail, and it may meet in the victim of electronic blackmail being a woman as well as a minor, which doubles the chances of the blackmailer to obtain gains by putting pressure on the victim, who often responds for fear that the criminal will carry out his threat.
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References
• Yunus, Muhammad Ghanem. (2019). Cyber extortion: a study from a lawful view. Iraqi minister of interior. Baghdad, Iraq National Library and Archive.
• Shatir, Wael Salem Abdallah. (2020). The legal framework for the crime of cyber extortion in electronic games. The Arab Journal of Scientific Publishing.
• Al-Shafi'i, Muhammad bin Idris (1993) al-aum. Dar al-marefah. Beirut, Lebanon.
• Al- Mardawi, Ahmed Bin Hhunbul Alaa Al-deen Abu Al-Hassan Ali Bin Suliman. (1419 Hijri). Fairness in knowing the most correct from the dispute. Dar eihiaa al-turath al-Arabi. Beirut, Lebanon.
• Al-Mutawli, Ali Bin Abd Al-salam. (2008), Al-Bahja, explaining the masterpiece. Almaktaba alasria, Beirut.
• Al-kasani. Alaa Al-Deen. (1908), Badaa’ al-Sana’i in the arrangement of the laws, Beirut.
• Al-zubaidi, Muhammed Bin Muhammed Abd Alrazak Al-hussin Al-muratada. (1405 hijri). Taj al-arws min jawaher alqamus. Dar al-hidaya
• Al-Azhary, Muhammed Bin Ahmed Al-Harawy. (2001), Tahkik: Muhammed Awad Mur’b. Dar eihiaa Alturath Alarabi, Beirut. Lebanon.
• Al- Heit, Adel Azam Saqf. (2011). Crimes of slander and slander committed through electronic media, a comparative jurisprudential study, Dar Al Thaqafa for Distribution and Publishing. Oman, Jordan.
• Al-Sanad, Abdulrahman. (1439). the crime of extortion, maktaba al-malik fahd alwatanya, Riyadh.
• Abij, Rauf. (1985). Crimes of assault on people and money. Dar al-fikr alarabi, Cairo.
• Ibn Abdin, Abu Hanifa. (2000). An annotation to Al-Mukhtar's response to Al-Mukhtar. Explanation of enlightenment of vision, dar al-fikr for Distribution and Publishing, Beirut.
• Haider, Ali. (2013). The role of referees Explanation of the provisions magazine, dar alim alkutb, Riyadh.
• Al-san’ani. (2008). The ways of peace explaining the attainment of goals, tahkik: muhammed aldali balta. The Egyptian library, Beirut.
• Al- Taftazani, Saad Al-Deen Mas’ud Ibn Omar. (1996), Explanation of al- talwih on the clarification of the text of the revision in the principles of jurisprudence, tahkik: zakria omerat. Dar alkutb alilmya, Beirut, Lebanon.
• Numor, Muhammad Saeed, (2012). Explanation of the Penal Code - Special Section - Crimes against people. Oman. Matba’a dar althakafa.
• Bin al-humam, kamal aldeen, Explanation of Fath al-Qadeer, dar alfikir, Beirut.
• Al-bahaseen Yacob Abd Alwahab. (1998). Alkwaad alfakahia, maktabaa alrushid, Riyadh, Saudi.
• Al- Hunbalim, Ali Bin Abas Al-buali. (1956), Tahkik: Muhammad hamed alfuki, Fundamental rules and benefits, matbaa alsanad almuhamidia, Cairo.
• Sarkhasi, al-Mabsoot. (2000), Tahkik: Khalil mahee aldeen almais, dar alfikr, Beirut, Lebanon.
• Al-razi, Mukhtar Alsahah Muhammad Abi Bakr Abd Alkadir, (1995). Tahkik: Mahmood khadir, Lebanon library, nashroon, Beirut.
• Ibn faris, Ahmed Bin Zakria Abu Alhusien. (1979). Tahkik: abd al-salaam muhammed haroon, Dictionary of language standards, dar alfikr.
• Kal’ji, Muhammed Rwas and, Qunbim Hamed Sadeq (1408 hijri), Dictionary of the language of the jurists, dar al- nafa’es for printing and publishing, Beirut.
• Al- Manswr, Khalil Omran. (1998), Majma’a alanhur, sharh multaqa al-abhur tarh ayath wa ahadethh.dar alkutb alilmia, Beirut, Lebanon.
• Bin Qidamh, Mwafq Al-Deen Abd Al-deen Ahmad Bin Muhammed (1968). , Al-mughni, Maktaba Al-qahira.
• Al-razaq, Mustafa Ahmed. (1998). General Jurisprudential Introduction, dar alkalm, Damascus.
• Alzarkashi, Almanthur Fi Alkaw’ed. (1405 hijri). The Ministry of Awqaf and Islamic Affairs, Kuwait.
• Ibn Manzur. (1414 hijri). Lisan alarab, dar sader, Beirut, Lebanon.
• Baghdadi, Adham Basim. (2018). Means of research and investigation of cybercrime, master thesis, An-Najah National University, Gaza, Palestine.
