Crimes against spiritual integrity in cyberspace with an approach to the crime of insult and defamation

Document Type : Original Article

Authors

1 Department of law, Kish International Branch, Islamic Azad University, Kish Island, Iran.

2 Afshin Mousavi Thomtri; Assistant Professor, Department of Criminal Law and Criminology, Safadasht Branch, Islamic Azad University, Safadasht, Iran

3 Assistant Professor, Department of Criminal Law and Criminology, Shahrood Branch, Islamic Azad University, Shahrood, Iran

4 Assistant Professor of Criminal Law and Criminology, Pardis Branch, Islamic Azad University, Pardis, Iran

Abstract

Crimes against spiritual integrity are behaviors that cause damage to the honor, dignity, infamy, as well as mental, psychological, intellectual and emotional annoyance of a person. The spread of such crimes in cyber space requires the adoption of its own criminal policy and proper criminalization in this field. This research, which has been carried out in a descriptive analytical method and using library data, is looking for a suitable answer to the question of how to criminalize these actions and how to deal with it. The findings of the research indicate that Sharia foundations such as verses and traditions and some jurisprudential rules justify the principle of the need to compensate for moral damage, while the repressive policy towards this category of crimes is the only way to deal with this serious damage.

Keywords

References

- Ebrahimian, Hojjatullah; Sediqi, Abdul Sabhan (2018), Punishment of insulting and slandering persons from the point of view of jurists of Islamic schools in the laws of Iran and Afghanistan, two quarterly journals of comparative jurisprudence, 14, 265-245.
- Irvani, Baqir (2012), Tahamidiyyah lessons in Al-Qasas al-Fiqhiyyah, vol.1, Qom: Nasayeh.
- Bagheri, Saleh; Wafa Darvishpour, Mohammad (2016), Investigating the legal status of insult in Iranian law, New Research Quarterly in Human Sciences, 20, 107-91.
- Parvin, Farhad (1379), moral damages in Iranian law, Tehran: Phoenix.
 - Pour Ghahrmani, Babak, Ghanei, Roghieh (2013) Investigating the criminalization of crimes against the spiritual personality of individuals in Iranian law in the light of the Convention on Cybercrimes, the National Conference of Iran and the challenges of international law.
- Javanmard et al. (1402) Comparative study of the crime of surveillance in the criminal law of Iran and England, Digital Law Quarterly, No. 45.
 - Javanmard, Behrouz (1402) special criminal law expositions of 4 crimes against spiritual integrity, undergraduate degree, Islamic Azad University, Electronics Department.
 - Jawanmard, Behrouz; Jaberi, Fatemeh (2015), Islamic Republic of Iran's judicial policy in dealing with crimes against Sabiri's chastity, National Conference on Passive Defense in Cyberspace.
- Hosseini, Seyyed Mohammad; Etamadi, (2016), harassment; Aggression against the mental integrity of individuals in the penal systems of Iran and England, Comparative Law, 108, 49-72.
- Hamdavi Saber Kord Mahleh, A. (2019) Criminological legal analysis of the basics of moral damage caused by crime with an approach to Iran's legal system, Faculty of Humanities, Bandar Anzali Branch.
- Senjari, Gholam Ali; Ahmadian, Zohra (1400), crimes against honor in Iran's criminal law system, modern jurisprudence and law, 6, 73-63.
- Lazarge, Christian, An Introduction to Criminal Policy, translated by Ali Hossein Najafi Abrandabadi, Tehran, Mizan Publishing House, spring 2002, first edition, p.39.
 - Mohammad Nasl, Zahra; Mohammad Nasl, Gholamreza; Goldouzian, Iraj. (2019). A comparative study of unauthorized access to data and computer systems in the criminal laws of Iran, England, and France, Intelligence and Criminal Research Quarterly, 15th year, number 3 (series 59, fall 2019).
- Mohammadi Fard, Habibullah. Hashemi Shahrdad Darabi, Seyyed Hossein. (1400). Solutions to solve judicial procedural challenges in dealing with crimes against moral dignity in the cyber space.
 - Mirzaei, Maryam (2017) Examining crimes against cyber chastity in English law, Qunon Yar Legal Research Journal, 3rd row (Autumn, 2017).
- Hadi Tabar, Esmail and Rezaei, Rahmat Elah, 2016, Internet Fraud in the Criminal Law of Iran and England, The First International Conference on Economics, Management, Accounting, Humanities and Islamic Banking, Tehran, https://civilica.com/doc/ 672099 Behremand, Mahdi (2012), The illegitimacy of spiritual harm from the point of view of the Qur'an and Hadith, Qur'anic Studies Quarterly, Year 4, 16, 63-75. Harr Amili, Muhammad bin Hassan (1414), Wasal al-Shi'a to the study of Islamic matters, vol. 24, Qom: Al-Al-Bayt Institute.
- Kilini Razi, Muhammad bin Yaqub (1367), Al-Kafi, Vol. 5, Tehran: Dar Al-Katb Islamiyya. National conference on non-operating defense in cyber space, Maragheh Scientific Monthly (Article) of Iranian Political Sociology, Year 5, Number 3, Khordad 1401, pp. 435, 393.
- Maraghi, Seyyed Mir Abd al-Fattah (1417), Al-Anawin al-Fiqhiyyah, Qom: Al-Nashar al-Islami Institute. Mazaheri, Masoumeh; Mohajeri, Maryam (2012), re-reading the jurisprudential foundations of Eramim's spiritual damage with an approach to the non-financial rights of spouses, Fiqh and Islamic Law Research Quarterly, 10th year, number 34, 129-152.
-Nik Farjam, Zohra (2012), compensation for spiritual damage in jurisprudence and law, Islamic jurisprudential foundations, sixth year, number 11, 105-127.
​- Heena Keswani (2017) Bharati Law Review, April – June, pp131-148
- Steven D. Hazelwood & Sarah Koon-Magnin (2013) Cyber Stalking and Cyber Harassment Legislation in the United States: A Qualitative Analysis, International Journal of Cyber Criminology, vol 7, issue 2.
Journal of Studies in Islamic Law & Jurisprudence
Volume 17, Issue 38
March 2025
Pages 205-226

Files

Share

How to cite

Statistics