Laeba, Muhammad and Ab Razak, Mohamed Rashid and Negasi, Mohamed Ibrahim and Amhimmid, Abdulbari Almabrouk Alfaytouri and Mat Daud, Mariam and Ahmad, Nasar Muneer (2026) الإطار الشرعي القانونيلجريمة العنف الرقمي ضد المرأة في ماليزيا: دراسة تحليلية = The legal and shariah framework for the crime of digital violence against women in Malaysia: an analytical study. Malaysian Journal of Syariah and Law, 14 (1). pp. 191-214. ISSN 1985-7454 E-ISSN 2590-4396
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Abstract
Digital violence against women is one of the most prominent legal, social, and ethical challenges facing most countries in the contemporary era, especially with the global expansion in the use of 5G networks and digital technologies, as it is a transcontinental crime. Social media platforms have become a double-edged sword, capable of achieving both good and evil, and now occupy a significant space in modern life. Digital violence against women poses a serious threat to Muslim societies, including Malaysia. The central problem of this paper lies in the existence of a clear legislative and security gap in addressing digital violence against women in many Muslim-majority countries, including Malaysia as the study context. Existing positive laws and modern legislation lack explicit, specific provisions that criminalize all forms of digital violence against individuals, especially vulnerable groups such as women and children, including crimes like cyberstalking, extortion, and threats. This study examined the concept of digital violence against women and proposed a legal definition of the term. It also explored the prevalent forms of digital violence against women in Muslim societies and analyzed specific cases of such violence in Malaysia. Subsequently, the researchers analyzed the Shariah and legal frameworks for protecting women from digital violence in Malaysia and assessed their current effectiveness, employing descriptive and analytical methodologies supported by an inductive approach based on a variety of available sources. The findings revealed a legislative gap in Malaysian laws, as current statutes do not cover all forms of digital violence against women and lack specific provisions addressing it. Additionally, there are executive and security challenges that hinder the efforts of relevant authorities. The study recommends enacting specific legislation targeting digital violence to protect vulnerable groups like women and children or at least amending existing laws to incorporate articles that criminalize this type of violence. It also advocates for strengthening oversight mechanisms and raising community awareness about the seriousness of this crime, which transcends the digital space into the physical reality
| Item Type: | Article (Journal) |
|---|---|
| Uncontrolled Keywords: | Digital violence, cyber violence, cyber harassment, cyberstalking, al-ʿUnf al-Raqmī, al-Sharīʿah al-Islāmiyyah, al-ʿUnf al-Ilikturūnī, al-Taḥarrush al-Ilikturūnī, al-Mulāḥaqah al-Ilikturūnī |
| Subjects: | K Law > K5000 Criminal Law |
| Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): | Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law |
| Depositing User: | Dr. Muhammad Laeba |
| Date Deposited: | 22 May 2026 16:10 |
| Last Modified: | 22 May 2026 16:10 |
| Queue Number: | 2026-05-Q3552 |
| URI: | http://irep.iium.edu.my/id/eprint/129132 |
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