Hacktivism: Opportunities and Human Rights Challenges from the Perspective of Islamic Jurisprudence

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Emami Nasrin; Davoudi Garmaroudi Homa; Pakzad Batoul

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Journal Paper

Paper Information

Journal: ENCYCLOPEDIA OF COMPARATIVE JURISPRUDENCE AND LAW Year:2023 | Volume:1 | Issue:2 Page(s): 1-16

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Information Journal Paper

Title

Hacktivism: Opportunities and Human Rights Challenges from the Perspective of Islamic Jurisprudence

Author(s)

Emami Nasrin | Davoudi Garmaroudi Homa | Pakzad Batoul | Issue Writer Certificate

Keywords

Hacktivism

Human Rights

Islamic Jurisprudence

Cyberspace

Abstract

This article examines the opportunities and human rights challenges arising from the phenomenon of hacktivism from the perspective of Islamic jurisprudence. The objective is to present a jurisprudential framework for assessing this type of activity and its implications for human rights. The present study employs a descriptive-analytical method and relies on library sources, including jurisprudential texts, legal documents, and scholarly articles related to hacktivism. Hacktivism may be regarded as a tool for exposing injustices and defending violated rights, which aligns with the general principles of enjoining good and forbidding wrong in Islamic jurisprudence. However, the methods employed in hacktivism, such as violations of privacy and disruption of systems, create serious ethical and legal challenges that require precise jurisprudential scrutiny. Hacktivist actions, with their dual nature, create challenges for the international criminal justice system, as they often blur the boundaries between lawful conduct and criminal activity. This duality raises fundamental questions regarding legitimacy, moral and legal responsibility, and the manner of addressing this phenomenon from the perspectives of human rights and Islamic jurisprudence.

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