Cybercrimes: Between Islamic Law and Modern Criminal Law

Abstract

This study aims to analyze cybercrime from a comparative legal perspective by examining its concept, characteristics, and the legal foundations for its criminalization in Islamic jurisprudence and criminal law. It further analyzes the legal framework established under the Libyan Cybercrime Law No. (5) of 2022, with reference to relevant international conventions, in order to evaluate the adequacy of Libyan criminal policy in addressing cybercrime and to explore prospects for its future development in light of rapid technological advancements. The study adopts a descriptive-analytical approach through the examination of legal texts, principles of Islamic jurisprudence, international conventions, and relevant legal literature, while employing the comparative method to identify similarities and differences between Libyan legislation and international standards.

The findings reveal that cybercrime possesses unique characteristics that distinguish it from conventional crimes, particularly its digital nature, transnational dimension, and rapid evolution, which require a flexible and continuously adaptable criminal policy. The study further concludes that the Libyan Cybercrime Law No. (5) of 2022 represents a significant legislative step toward regulating cybercrime and providing criminal protection for the digital environment. However, its effectiveness depends on the continuous revision of its provisions, the development of procedural rules governing digital evidence, the strengthening of international judicial cooperation, and the enhancement of the institutional and technical capacities of law enforcement agencies. The study concludes that combating cybercrime requires a comprehensive national strategy based on legislative modernization, institutional capacity building, the advancement of digital investigation mechanisms, and strengthened international cooperation, while maintaining an appropriate balance between cybersecurity and the protection of fundamental rights and freedoms.