The Juristic Qualification of Cybersecurity and Its Impact on Islamic and Arabic Studies

Mohammed Abdel-Hakim Ahmed, Shaimaa

doi:10.21608/bfsgm.2025.442290

The Juristic Qualification of Cybersecurity and Its Impact on Islamic and Arabic Studies

Author

Shaimaa Mohammed Abdel-Hakim Ahmed

Al-Azhar University

10.21608/bfsgm.2025.442290

Abstract

This study explores the juristic qualification (al-takiyyīf al-fiqhī) of cybersecurity within the framework of Islamic law and considers its implications for contemporary Islamic and Arabic studies. Cybersecurity is one of the most pressing issues of the present era, forming an essential component of social security. It is directly linked to the higher objectives (maqāṣid) and essential principles of the Sharīʿa, which aim to preserve religion, life, intellect, property, and lineage. Safeguarding cybersecurity is therefore a means of protecting public order, a core aim of Islamic legislation.

The Sharīʿa places particular emphasis on security and stability as necessary conditions for the flourishing of individuals and societies. The rapid evolution of digital technologies has introduced novel forms of cybercrime that previous juristic frameworks did not explicitly address. These developments present urgent challenges, especially in light of the inadequacy of current statutory laws to keep pace with technological change. The study highlights the need for legal systems to respond in ways that remain consistent with Islamic legal ethics and objectives.
The research seeks to clarify the nature of cybersecurity from an Islamic legal perspective, focusing on its juristic and legal qualification. Adopting a comparative methodological approach, the study is organized into five chapters: (1) a definition of cybersecurity and its significance; (2) the juristic qualification of cybersecurity; (3) the legal qualification of cyberattacks; (4) international responsibility for cybercrimes; and (5) contemporary challenges in Islamic studies, with cyberspace as a case study.

The study concludes that cybersecurity is essential to preserving the confidentiality, security, and integrity of information. Islamic teachings anticipated many of these concerns by prioritizing the safeguarding of human dignity, belief, and intellectual security. Cybersecurity cannot be effectively maintained apart from the protection of the five essentials (al-ḍarūriyyāt al-khams) identified by the Sharīʿa. Moreover, cybercrimes often grant perpetrators significant material and non-material gains. In Islamic law, discretionary punishments (taʿzīr) have no fixed penalty, allowing the judge to select one or more appropriate sanctions.

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