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The Shari’ah approach to criminalise identity theft

Identity theft is one of the crimes that threaten both society and individuals. Millions of people have been badly affected by identity theft following misuse of their identities by criminals. The term ‘identity theft’ is used to include all illicit activities (gathering, utilising, buying selling,...

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Main Authors: Zulhuda, Sonny, Mohamed, Sidi Mohamed Ould
Format: Article
Language:English
English
Published: UPM Press 2015
Subjects:
K Law (General)
KBP1 Islamic law.Shariah.Fiqh
Online Access:http://irep.iium.edu.my/44798/1/13_JSSH_Vol_23_%28S%29_Oct_2015_pg169-182.pdf
http://irep.iium.edu.my/44798/4/44798_The_Shari%E2%80%99ah_approach_scopus.pdf
http://irep.iium.edu.my/44798/
http://www.pertanika.upm.edu.my/JSSH.php
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spelling my.iium.irep.447982016-04-17T12:58:35Z http://irep.iium.edu.my/44798/ The Shari’ah approach to criminalise identity theft Zulhuda, Sonny Mohamed, Sidi Mohamed Ould K Law (General) KBP1 Islamic law.Shariah.Fiqh Identity theft is one of the crimes that threaten both society and individuals. Millions of people have been badly affected by identity theft following misuse of their identities by criminals. The term ‘identity theft’ is used to include all illicit activities (gathering, utilising, buying selling, etc.) that target personal information (including natural and legal persons). Identity theft is not a new crime, and it has grown and become a major concern in the era of information. Around the globe, laws and regulations have been enacted and revised to accommodate the phenomenon. Based on the divine rules of Islam, the Shari’ah has its own formula and perspectives on matter such as identity theft. This paper attempts to define the term ‘identity theft’ and then recollect and examine some of the Shari’ah rules related to the crime in general and discuss their applicability to this insurmountable matter of identity theft so as to demonstrate solutions that can be offered to Muslim-populated jurisdiction. It is a doctrinal rather than empirical study, therefore, it attempts to explore the Shari’ah rules based on the primary sources of Islam, i.e. the Qur’an and the prophetic traditions (hadith), as well as the juristic opinions of prominent Muslim scholars. The study finds that the Shari’ah law is very resourceful with principles and theories on which laws on identity theft can be established. This paper demonstrates another area where the Shari’ah should be further explored to answer to the challenges of contemporary society. It is argued that a study such as this will positively contribute to the field of justice as it looks at identity crime from another approach and also suggests further research to help alleviate identity theft especially in the Muslim communities. UPM Press 2015-10 Article REM application/pdf en cc_by_nc http://irep.iium.edu.my/44798/1/13_JSSH_Vol_23_%28S%29_Oct_2015_pg169-182.pdf application/pdf en http://irep.iium.edu.my/44798/4/44798_The_Shari%E2%80%99ah_approach_scopus.pdf Zulhuda, Sonny and Mohamed, Sidi Mohamed Ould (2015) The Shari’ah approach to criminalise identity theft. Pertanika Journal of Social Sciences & Humanities, 23 ((S)). pp. 169-182. ISSN 0128-7702 http://www.pertanika.upm.edu.my/JSSH.php
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
English
topic K Law (General)
KBP1 Islamic law.Shariah.Fiqh
spellingShingle K Law (General)
KBP1 Islamic law.Shariah.Fiqh
Zulhuda, Sonny
Mohamed, Sidi Mohamed Ould
The Shari’ah approach to criminalise identity theft
description Identity theft is one of the crimes that threaten both society and individuals. Millions of people have been badly affected by identity theft following misuse of their identities by criminals. The term ‘identity theft’ is used to include all illicit activities (gathering, utilising, buying selling, etc.) that target personal information (including natural and legal persons). Identity theft is not a new crime, and it has grown and become a major concern in the era of information. Around the globe, laws and regulations have been enacted and revised to accommodate the phenomenon. Based on the divine rules of Islam, the Shari’ah has its own formula and perspectives on matter such as identity theft. This paper attempts to define the term ‘identity theft’ and then recollect and examine some of the Shari’ah rules related to the crime in general and discuss their applicability to this insurmountable matter of identity theft so as to demonstrate solutions that can be offered to Muslim-populated jurisdiction. It is a doctrinal rather than empirical study, therefore, it attempts to explore the Shari’ah rules based on the primary sources of Islam, i.e. the Qur’an and the prophetic traditions (hadith), as well as the juristic opinions of prominent Muslim scholars. The study finds that the Shari’ah law is very resourceful with principles and theories on which laws on identity theft can be established. This paper demonstrates another area where the Shari’ah should be further explored to answer to the challenges of contemporary society. It is argued that a study such as this will positively contribute to the field of justice as it looks at identity crime from another approach and also suggests further research to help alleviate identity theft especially in the Muslim communities.
format Article
author Zulhuda, Sonny
Mohamed, Sidi Mohamed Ould
author_facet Zulhuda, Sonny
Mohamed, Sidi Mohamed Ould
author_sort Zulhuda, Sonny
title The Shari’ah approach to criminalise identity theft
title_short The Shari’ah approach to criminalise identity theft
title_full The Shari’ah approach to criminalise identity theft
title_fullStr The Shari’ah approach to criminalise identity theft
title_full_unstemmed The Shari’ah approach to criminalise identity theft
title_sort shari’ah approach to criminalise identity theft
publisher UPM Press
publishDate 2015
url http://irep.iium.edu.my/44798/1/13_JSSH_Vol_23_%28S%29_Oct_2015_pg169-182.pdf
http://irep.iium.edu.my/44798/4/44798_The_Shari%E2%80%99ah_approach_scopus.pdf
http://irep.iium.edu.my/44798/
http://www.pertanika.upm.edu.my/JSSH.php
_version_ 1643612645791629312
score 13.211869

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