Cyberbullying: A Comparative Jurisprudential

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Al-Azhar University

Abstract

This study investigates the phenomenon of cyberbullying by defining its nature, identifying its causes and forms, examining the technologies through which it is perpetrated, and evaluating its ruling in Islamic law and Egyptian legislation. It also considers the psychological and societal consequences of cyberbullying, the Islamic ruling on suicide as a response to such harm, the appropriate legal penalties, and potential means of prevention and treatment. The study adopts a comparative inductive methodology, analysing relevant jurisprudential positions and legal principles.
The findings indicate that cyberbullying constitutes a form of aggression facilitated by digital communication tools. It includes actions such as publishing defamatory content, disseminating false information, or sending harmful electronic messages with the intent to harass, defame, or pressure the victim. Common methods include spreading rumors, sharing private images, and disclosing confidential information. The motivations often stem from a desire for domination, coercion, or personal gratification through the harm of others.
Islamic law unequivocally prohibits such behaviour, and it is also criminalized under Egyptian law. Its consequences include weakened religious commitment, diminished self-confidence, and increased rates of social disorder and criminality. In severe cases, victims may attempt suicide, which is categorically forbidden in Islam.
The ruling on cyberbullying varies according to its nature. If it involves slander, it may warrant a ḥadd punishment. If it involves insult, mockery, or rumor-mongering, it is subject to taʿzīr, the discretionary punishment determined by the authorities in accordance with public welfare. If it results in the victim’s death, it may fall under the category of causative homicide (al-qatl bi-al-sabab), which is the subject of juristic disagreement. The stronger opinion holds that it constitutes intentional homicide and entails qiṣāṣ if death was deliberately caused.
The study recommends strengthening family structures, promoting virtuous social environments, countering domestic violence, and enhancing parental oversight. It calls for increased societal awareness of the severity of cyberbullying and stresses the importance of addressing its root causes, including family disintegration and moral neglect.

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