پاکستان میں سائبرکرائمزکےلئےہونےوالی قانون سازی کا اسلامی تناظر میں تقابلی و تجزیاتی جائزہ

Abstract

Cybercrime has become a serious, important and growing problem of the present time, so it has forced different countries of the world to think about itself seriously. That is why many countries have enacted legislation regarding various types of cybercrimes and many countries are enacting legislation. Pakistan is also among the countries that have enacted legislation regarding cybercrimes. It is written in the constitution of Pakistan that every legislation in this country will be done according to Islam. So, in this article, it has been tried to know that the legislation about cybercrimes in Pakistan has been done according to Islam or not? In the light of the Islamic law of crime and punishment, “Hadd” is imposed on some crimes, whereas “Qisas” and “Diyyat” are imposed on some crimes and penal punishment is imposed on all other crimes. Prevention of Electronic Crimes Act, 2016, which has been enacted in Pakistan, is mostly in accordance with the spirit of Islamic law of crime and punishment. However, there are some crimes about which the legislation that has been made, is against the Islamic law of crime and punishment. Similarly, there are some crimes which have been completely ignored in this legislation, while these are considered crimes in the light of Islamic law (for example, online gambling, cyber pornography or cybersex, cyber money laundering, cyber espionage and insulting Islamic rituals online). Legislators regarding cybercrimes in Pakistan should legislate these crimes keeping in mind the Islamic law of crime and punishment.