Electronic Theft from View of the Jurisprudence of Ahl al-Bayt and the Iran-Afghanistan Criminal Law

Abstract

Electronic theft, as an emerging, complex, and transnational crime, is perpetrated using electronic tools and through connection to the powerful, international internet network within cyberspace. Although cyberspace has facilitated numerous activities and created opportunities for communication and the exchange of information globally, it also presents dangers and threats. One of these threats is theft, where perpetrators, by unauthorized access to others' websites or systems, seize property, data, and unauthorized information, disrupting the social and psychological order of society and depriving the rightful owner of their assets and data. This research adopts a descriptive-analytical method to explore the jurisprudential and legal dimensions of electronic theft within the frameworks of Iranian and Afghan law, aiming to propose appropriate legal strategies for penalizing offenders and preventing the proliferation of this crime. In the criminal laws of Iran and Afghanistan, electronic theft is categorized as a (ta'zir) crimes (discretionary penalties), with punishments that are often lenient and insufficiently deterrent. However, from a jurisprudential perspective, three viewpoints can be proposed on this matter: 1- The first view, based on the lack of direct evidence and the principle of innocence, does not classify it as a crime. 2-The second view considers electronic theft a discretionary crime due to its distinct context from physical theft and the absence of certain required conditions. 3- The third view argues that, if all conditions are met, electronic theft can fall under the category of (hadd) crimes (fixed Islamic penalties). Considering the existing realities and evaluating the similarities and differences between electronic and conventional theft, the third view is supported by sound scientific and logical reasoning and is, therefore, defensible.