خلاصة:
Nowadays, with the advancement of technology and the development of global transactions, including in the field of commerce, it is very necessary to create mechanisms to accelerate these matters. On the other hand, considering that maintaining a huge volume of information and data in paper form is contrary to logic, the use of electronic equipment for this purpose is essential. However, the further we move away from the physical and real environment and move towards virtual environments, the harder legal supervision and governance become, requiring the formulation of stricter and more specialized laws and regulations specific to this environment. For this reason, various countries, including Iran, have taken steps to prepare and regulate laws in this regard. In the Islamic Penal Code of the Islamic Republic of Iran, criminal punishment has been determined for the act of theft; also, theft in this law is divided into Ta'zir theft and Hadd theft, each of which has its own specific conditions. In this research, an attempt has been made to examine various aspects of electronic theft and compare it with the conditions of Hadd theft to reach the conclusion of whether electronic theft, provided it meets the conditions of Hadd theft, can be considered an instance of this type of theft or not? By examining various aspects and comparing them, as well as using the theories of Islamic jurists in this regard, it can be concluded that electronic theft, like physical theft, can be an instance of Hadd theft.
ملخص الجهاز:
In the Iranian legal system, the enactment of the Electronic Commerce Law in 2003 addressed this important issue, whereby, according to clauses (a) and (b) of Article 2 of this law, an electronic document 1 is defined as follows: "A data message is any symbol of an event, information, or concept that is produced, sent, received, stored, or processed by electronic, optical, or new information technologies.
This means that after violating the Hirz, the thief himself must remove the property from it for it to be considered Hadd theft.
2-2- Electronic Hadd theft Internet theft refers to an adult, sane, knowledgeable, and free-willed user, without permission and using computer technology and telecommunication systems, breaking the lock of a website or a file in a virtual internet environment that belongs to another by executing the password of the said website or file, and using (CUT) data that has financial value equivalent to a quarter dinar (Izadi Far, Ali Akbar, Pirdehi Hajikola, 2010).
2-3- Applying the components of Hadd theft to the elements of electronic theft 2-3-1- Clause 1 of Article 266 of the Islamic Penal Code (The stolen object must have Sharia-compliant value): Anything that has economic value, the ability to be transferred, and converted into money, and can be appropriated to a specific natural or legal person, is called property (Langroudi, Mohammad Jafar Jafari, 1977).
Researcher's inference: The mention of the value of stolen data in the definition of electronic theft indicates the existence of this condition in this type of theft.
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