Introduction: Hojjat al-Islam wal-Muslimeen Morteza Karimzadeh, in addition to his studies in advanced jurisprudence and principles of Islamic law at the Qom Seminary and holding a PhD in the Foundations of Jurisprudence and Law, is also an active figure in religious propagation and media. Below is his exclusive commentary for Contemporary Jurisprudence, which explores the jurisprudence of cyberspace, its dimensions, and the challenges it faces:
Jurisprudence of Cyberspace: Definition and Dimensions
The ever-expanding and profound influence of cyberspace on various aspects of contemporary human life, both individual and societal, is an undeniable phenomenon. This profound transformation, while creating new opportunities and possibilities, has also presented an array of unprecedented issues and challenges, particularly for devout individuals. Consequently, elucidating the relationship between religious teachings and the demands of this emerging space is deemed essential. The “jurisprudence of cyberspace,” as a novel branch of jurisprudential knowledge, is tasked with addressing this need. However, its precise definition, scope, and dimensions remain a matter of reflection for many. This commentary aims to provide a general overview of the nature and dimensions of this jurisprudential field, drawing inspiration from the structure of traditional jurisprudential discussions and considering the nature of this phenomenon.
Definition of the Jurisprudence of Cyberspace
The jurisprudence of cyberspace can be defined as the systematic deduction and exposition of religious rulings pertaining to behaviors, phenomena, relationships, and consequences arising from human presence and interaction in the cyber environment. In other words, this branch of jurisprudence examines the “dos and don’ts” prescribed by Islamic law in the digital realm. Like the jurisprudence of citizenship, the jurisprudence of cyberspace is inherently an “applied jurisprudence” (fiqh mudāf), with its subject—namely, “cyberspace and activities within it”—encompassing a wide range of diverse issues. These issues sometimes stem from traditional jurisprudential topics that have emerged in a new form (e.g., rulings on transactions in the context of e-commerce) and sometimes involve entirely novel phenomena that require the establishment of new principles or the application of general jurisprudential rules (e.g., digital privacy or virtual identity).
Necessity and Importance of the Jurisprudence of Cyberspace
Addressing the jurisprudence of cyberspace is essential and significant for several reasons. First, the pervasiveness and impact of this space on various aspects of life—from education and economics to communication and culture—are so profound that it can no longer be considered a marginal matter. Consequently, the actions of a religiously obligated individual (mukallaf) in this environment are inevitably subject to divine rulings. Second, the unique nature of cyberspace, characterized by features such as speed, relative anonymity, cross-border interactions, and the ability to create digital value, has led to the emergence of novel issues that either have no precedent in traditional jurisprudence or are presented in entirely different forms. Furthermore, activities in cyberspace have tangible individual and societal consequences—legal, ethical, and security-related—that make the clarification of religious rulings to regulate these behaviors and prevent potential harms unavoidable. Finally, the need of devout communities to align their behavior in this space with their religious responsibilities underscores the importance of clear and practical religious rulings in this domain.
Dimensions and Scope of the Jurisprudence of Cyberspace
The scope of the jurisprudence of cyberspace is vast and multifaceted. Its main dimensions can be categorized into several broad areas:
The individual and ethical dimension addresses rulings related to personal conduct in the digital environment, such as the necessity of honesty, avoiding online lying, gossip, and slander, respecting privacy, controlling one’s gaze, managing time spent online, and taking responsibility for published content.
The social and communicative dimension encompasses rulings governing social interactions in this space, including etiquette in social networks, virtual enjoining good and forbidding wrong, maintaining family ties through digital tools, and the limits of online social relationships.
The economic and transactional dimension is a significant area, covering rulings related to businesses, contracts, marketing, cryptocurrencies, digital intellectual property, and electronic payments.
The cultural and media dimension focuses on rulings concerning the production, distribution, and consumption of digital content, the permissibility of using unauthorized software, illegal downloads, computer games, filtering, and media literacy from a jurisprudential perspective.
The legal and security dimension explores issues related to cybercrimes, criminal and civil liability, digital evidence in legal proceedings, information security, and countering cyber threats.
Finally, the political and governance dimension addresses the relationship between jurisprudence and cyberspace governance, including the limits of freedom of expression, electronic elections, and state oversight of this space.
Foundations and Governing Principles
The jurisprudence of cyberspace is grounded in the same foundations and general principles as traditional jurisprudence, though applying these principles to novel digital phenomena requires particular precision and insight. Key principles include: the rule of “no harm or causing harm in Islam” (lā ḍarar wa lā ḍirār fī al-Islām) to prohibit any form of harm in the virtual environment; the prohibition of aiding in sin (ḥurmat i‘ānat ‘alā al-ithm) through digital means; the prohibition of gossip, slander, and spying in online interactions; the validity of transactions in electronic contracts; the necessity of protecting lives, honor, and property against cyber threats; conditional freedom in expression and virtual activities up to the point of not conflicting with definitive religious rulings; and the obligation to fulfill contracts and conditions in digital commitments.
Challenges of the Jurisprudence of Cyberspace
Entering the realm of the jurisprudence of cyberspace is not without challenges. The rapid pace of technological advancements makes the timely deduction of rulings and responses to new issues difficult. The technical complexities of certain phenomena make it essential, yet sometimes challenging, for a jurist to gain a precise understanding of the subject matter. The possibility of anonymity and the use of virtual identities create significant challenges in areas such as identity verification, accountability, and proving crimes. Furthermore, the global and cross-border nature of this space turns the determination of rulings in international interactions and potential conflicts with the laws and cultures of other countries into a matter worthy of consideration. Additionally, ambiguity in precisely defining fundamental concepts such as digital ownership or virtual privacy remains a subject of debate and requires further clarification.
The jurisprudence of cyberspace is a dynamic and essential field in contemporary jurisprudence, striving to provide guidance for religiously obligated individuals in this new domain by leveraging the robust foundations of traditional jurisprudence while deeply understanding the realities of the digital world. Addressing the various dimensions of this jurisprudence in a scholarly and comprehensive manner requires the continuous efforts of jurists, technical experts, and scholars in related fields to adequately meet the religious needs of society in the era of digital communication.