Megat Laksana, Nan Noorhidayu and Salehudin, Nurnabilah (2026) The application of Ta’zir punishment for cybercrimes in the Selangor community: a Fiqh perspective on online fraud according to Maqasid Shariah. Journal of Fatwa and Falak Selangor (JUFFAS), 3 (1). pp. 32-65. ISSN 3030-6116 E-ISSN 3030-6108
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Abstract
Cybercrime has emerged as one of the most significant threats in Malaysia, with online fraud, hacking, and phishing causing financial and psychological harm. Conventional legal systems often struggle to provide adequate deterrents, while Islamic jurisprudence offers an alternative through taʿzīr, a discretionary punishment adaptable to modern contexts. This study explores the application of taʿzīr punishments for cybercrimes in Selangor, guided by the framework of Maqāṣid Sharīʿah (objectives of Islamic law), particularly the preservation of property (ḥifẓ al-māl). Employing a mixed-method approach, the research integrates library-based analysis of al-Qurʾān, Sunnah, and scholarly works with a quantitative survey of 50 Selangor residents. Findings reveal limited awareness of taʿzīr among the community, though respondents acknowledge cybercrime as a serious social threat. The study concludes that taʿzīr provides a flexible and principled mechanism to address online fraud and protect societal welfare. Recommendations include enhancing public awareness, developing clear guidelines for judges, and integrating Islamic legal perspectives into national cybercrime policies
| Item Type: | Article (Journal) |
|---|---|
| Uncontrolled Keywords: | Taʿzir, Cybercrime, Online Fraud, Maqasid al-Shariah |
| Subjects: | BPH Islamic Economics BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General) > BPK78 Usul al-fiqh > BPK109 Sources of Islamic law > BPK121 Ijtihad > BPK125 Applicability of Ijtihad. Instances of application > BPK125.2 Harmonisation of Shari’ah and law |
| Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): | Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh |
| Depositing User: | Dr Nan Noorhidayu Megat laksana |
| Date Deposited: | 17 Aug 2026 10:19 |
| Last Update: | 17 Aug 2026 10:19 |
| Queue Number: | 2026-08-Q4760 |
| URI: | http://irep.iium.edu.my/id/eprint/130821 |
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