Selamat datang di
Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

This study aims to examine the application of taʿzīr punishments to mobile banking phishing offenses under the laws and regulations of the Kingdom of Saudi Arabia and the Islamic Republic of Iran through a comparative approach. The primary focus is on analyzing how Islamic legal principles, as embodied in statutory regulations, are applied to phishing crimes in the context of mobile banking, including the legal protections afforded to victims against incurred losses. Furthermore, this study evaluates the elements of maṣlaḥah derived from the enactment of such regulations in combating and preventing the recurrence of phishing offenses. This research is significant in light of the broad authority vested in the ulī al-amr to determine taʿzīr punishments and to establish legal regulations that promote public welfare (maṣlaḥah) for society.
This research employs a qualitative method with a normative legal approach based on library research. The data sources include primary legal materials, such as the Saudi Arabian Anti-Cybercrime Law of 2007 and the Iranian Cybercrime Law of 2009, classical Islamic jurisprudential texts, the Qur’an, and Hadith, as well as secondary legal materials in the form of scholarly journals, books, and previous academic works. The data were analyzed using a descriptive-analytical method by comparing the two national legal frameworks with the Islamic legal principles embodied within them to identify their points of convergence and to understand the differences between them.
The findings of this study indicate that both the Saudi Arabian Cybercrime Law and the Iranian Cybercrime Law reflect the principles of taʿzīr. However, the two legal systems differ in their approaches. Saudi Arabia places greater emphasis on the preventive function of taʿzīr by imposing sanctions intended to serve as a strong deterrent. In contrast combines the preventive function of taʿzīr with a restorative dimension through the provision of compensation for victims. However, in terms of the breadth of maslahah coverage, the Iranian Computer Crimes Law Act is superior because it provides more comprehensive protection of victims' property, including through restitution mechanisms. On the other hand, in terms of the certainty of realizing these benefits, Saudi Arabia's Anti-Cyber Crime Law is superior because its regulatory structure is more explicit and easier to apply consistently.

55/PMH/2026

55/PMH/2026

Perpustakaan FSH Lantai 4

Tersedia

Share :