Jurnal Hukum Islam
Vol 23 No 1 (2025)

Fraud in the Digital Space: A Comparative Study of Jinayah Fiqh and Indonesian Criminal Law

Ahyani, Hisam (Unknown)
Parhan, Parhan (Unknown)
Muhtolib, Muhtolib (Unknown)
Berizi, Ahmad (Unknown)
Nurhasana, Nurhasana (Unknown)
Adnan , Nurul Ilyana Muhd (Unknown)



Article Info

Publish Date
17 Jun 2025

Abstract

The development of digital technology has opened the door to various forms of digital crime, including schemes involving fictitious job offers, illegal crypto investments and fake refunds that financially harm victims and potentially lead to money laundering offenses. This article examines digital fraud in Indonesia by comparing Islamic criminal law (Fiqh Jinayah) with Indonesian positive law. This normative juridical research employs statutory, conceptual, comparative, and case study approaches. The findings reveal that the “Remote Mining Network” case illustrates how perpetrators exploit digital anonymity to evade legal oversight. Such practices violate Islamic legal norms, including the prohibitions against gharar (uncertainty) and tadlis (deception), which align with the elements of fraud as defined in the Indonesian Penal Code and the Law on Electronic Information and Transactions. The article concludes that both Islamic and national criminal law aim to protect public interests and individual property rights (hifz al-mal). This study contributes to the development of contemporary fiqh jinayah, while also supporting efforts to enhance legal literacy and protect Muslim communities from the risks of digital crime, in accordance with the principle of hifz al-mal within the framework of maqaṣid al-shari‘ah.

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Journal Info

Abbrev

jhi

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Focuses on the issue of study Contemporary Islamic Law practices in Indonesia by multidisciplinary approach. This Journal specializes in studying the theory and practice of various topics are Islamic family law, Islamic criminal law, Islamic constitutional law, Islamic private law, Islamic economic ...