Anonymous, 22 Mar 2019
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A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Challenges Confronting the Modernization of Islam and Iran's Criminal Law in regard to Crimes against Security of e-Commerce

Challenges Confronting the Modernization of Islam and Iran's Criminal Law in regard to Crimes against Security of e-Commerce

Pro-traditional Islamic law theorists, instead of rationalism, recognize Fighh (Islamic Jurisprudence) - which is based on Islamic texts - as the governor of law, and are against modernization of law. On the other side, as a reconstructed form of rationalism in Islamic tradition, the religious modernism approach is a consequence of the confrontation of the Islamic world with modernism. Policy making in regard to prevention crimes and reaction to them, basically referred to as criminal policy, is one kind of general policy making that has from the very past been subject to challenge in Iran; mainly due to the tension between the traditional Islamic approach and the modern globalized approach. For instance, international norms (scripts, precedents, customs, and most important of all, globalization of norms), rationalism and old religious texts are not ranked in a same way between traditional Islamic law and modern law, and the bases, sources and the order of change differs between each. After depicting the high capacity of Islamic criminal law for acceptance of useful aspects of modernization while holding on to basics of Islamic thought and keeping itself from the disadvantages of modernization, this research intends to describe how conciliation may be established between a security-oriented criminal policy and a liberal one in a way that neither does privacy of citizens get violated for reasons such as ‘random seeking for e-financial criminals’, nor does the mentioned privacy and freedom become so vast that it may increase the crime rate against e-commerce security. Finally, this paper shall depict the possibility of establishing a balance between ‘security’ and ‘freedom’ by bypassing Islamic traditionalism towards Islamic modernization in the field of ‘criminal law of information security’.

article
98–105
ISSN : 2047-0398
eng
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