Regulatory Gaps in Digital Witness Protection for Cybercrime: Integrating International Standards, Egyptian Law, and Islamic Jurisprudence

Tarek El Sayed Mahmod (College of Law, University of Al Maarif, Iraq)
Khalid awad hammadi Al –Alwani (College of Law, University of Al Maarif, Iraq)
Ismael Hellawss (College of Law, University of Fallujah, Iraq)
Mahmood Shaker Alaloosh (College of Administration and Economics, University of Kirkuk, Iraq)
Salah Ragab Fathelbab (College of Law, University of Al Maarif, Iraq)

Al-Istinbath: Jurnal Hukum Islam
Vol 11 No 1 (2026): In Press

This study examines regulatory gaps in digital witness protection in cybercrime by analyzing the relationship between international standards, Egyptian law, and Islamic jurisprudence. The increasing use of digital testimony in cybercrime cases has not been matched by adequate legal protection, exposing witnesses to risks such as cyber intimidation, data leakage, and cross border retaliation. This study aims to identify these gaps and develop an integrated legal approach that strengthens witness protection while maintaining the integrity of criminal justice. The research applies a normative juridical approach supported by descriptive, analytical, and comparative methods. It analyzes the United Nations Convention on Cybercrime, Egyptian legislation on information technology crimes, and Islamic legal principles related to testimony and protection. The findings show that international standards provide relatively comprehensive protection through mechanisms such as anonymity, remote testimony, and relocation. In contrast, Egyptian law lacks specific provisions addressing digital risks, particularly in relation to technical safeguards, remote protection mechanisms, and international cooperation. From the perspective of Islamic jurisprudence, witness protection is closely linked to the objectives of Sharia, especially the protection of life, dignity, and property, as well as the obligation to ensure truthful testimony without coercion. These principles provide a strong normative basis for adopting modern protection mechanisms, including digital anonymization and remote testimony. The study concludes that addressing regulatory gaps requires the integration of international standards with national legislation supported by Sharia based principles. It proposes a comprehensive model of digital witness protection that combines legal, technological, and ethical safeguards to enhance witness security, strengthen legal certainty, and improve the effectiveness of cybercrime enforcement in transnational contexts.