سائبر کرائمز ایکٹ ترمیم شدہ (CC Act 2016) کا شرعی و تنقیدی جائزہ

Abstract

The development in science and technology has made the access to the information very easy in current era facilitated prompt free correspondence. But it has started an unending series of crimes as well. So efforts are being made on global level for the prevention of these sorts of crimes. On the national level the need of legislation was seriously felt for the prevention of cybercrime like and many immoral activities, crimes related to the religion, languages and national solidarity as well as for the protection of lives and honor of personals. After legislation process a document naming “Amended cybercrime Act (CC Act 2016)” was formulated by the national assembly. This Act not only covered all the emerging cybercrimes but also proposed penalties for them. In this Act the crimes are mentioned like violation of software rules and personalities, cybercrime relating the state, languages, religion and morality, the personalities are also fixed for these crimes. Though the injunction regarding these crimes and mention of their penalties exist in the books of Islamic jurisprudence but injunctions about cybercrimes are nowhere available in accumulated form because the contemporary developments and fast inventions were not found in past, that is why the injunctions regarding such crimes are also not available. It is essential to critically examine the legal and Shariah justification of the rules, in the light of Islamic jurisprudence which were formulated on national level for the safety and security of software, internet, social media, national solidarity, religious, lingual and moral values so the users rights and suffers legal liberty may not be harmed, which is in being discussed on national and international level. It is a fact that such administrative laws which are not contrary with shariah may be protected under it (shariah). This was the main objective of Ph.D. level study of amended cybercrime CC Act 2016 to critically examine the rules regulations contained in this act in the light of Islamic jurisprudence. This thesis was completed under the kind supervision of Dr. Hafiz Salihuddin, the worthy chairman Department of Islamic Studies. Data was collected for this study from all the available primary and secondary sources of Islamic shariah laws as well as the contemporary laws. After setting rules for the research on the mentioned topic efforts have been made to approach, the expert scholars of shariah and law to get their opinions to solve the related problems in the light of shariah.