Electronic blackmail in light of the objectives of Islamic law - an applied study in Islamic jurisprudence and Iraqi law as a model

Abstract

The contemporary world is witnessing a dangerous rise in cyber extortion crimes, which have become among the most widespread digital offenses, posing a serious threat to personal security and social stability. This research explores cyber extortion in light of Islamic legal objectives (Maqāṣid al-Sharīʿa) through a theoretical and applied study that combines Islamic jurisprudence with the provisions of Iraqi law. The goal is to formulate an integrated vision that addresses this modern crime from both a legal and Sharīʿa-based perspective.

The study defines cyber extortion, its emerging forms, and its juristic classification, then highlights its impact on the higher objectives of Islamic law—especially the preservation of honor, life, and property. The research also discusses appropriate taʿzīr (discretionary) punishments for such crimes, invoking the spirit of Maqāṣid in proportioning penalties to the severity of social harm caused. On the applied side, the study examines relevant Iraqi legal texts, evaluating their consistency with Sharīʿa-based principles and identifying points of convergence and divergence.

The findings indicate that cyber extortion constitutes a multi-layered threat to essential objectives of Sharīʿa, necessitating integrated legislative and juristic responses. The study recommends reforming Iraqi legal provisions to align with Maqāṣid principles, particularly in setting punitive measures and evidence standards in digital crimes. It also emphasizes the need for raising societal awareness and strengthening preventive mechanisms to ensure legal and moral deterrence.