نوع مقاله : مقاله پژوهشی
نویسندگان
1 گروه فقه و مبانی حقوق اسلامی. دانشکده الهیات و معارف اسلامی. دانشگاه مازندران. بابلسر. ایران.
2 دانشیار. گروه فقه و مبانی حقوق اسلامی دانشکده الهیات و معارف اسلامی دانشگاه مازندران. بابلسر. ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Cyberattacks constitute one of the most complex and emerging issues arising from the integration of cyberspace into modern human life, exposing societies to serious security threats. The jurisprudential feasibility of responding to cyberattacks through military force represents a novel and challenging issue in the fields of the jurisprudence of technology and Shi'i political jurisprudence. This study addresses several fundamental questions: Can a cyberattack be regarded, from the perspective of Islamic jurisprudence, as an act of military aggression or warfare (ḥarb)? Can the severity of a cyberattack and the financial, human, and psychological harm it causes justify the exercise of legitimate self-defense or military retaliation? Moreover, where the identity of the perpetrator cannot be established with certainty, should the presumption favor the permissibility or the impermissibility of military countermeasures? This research adopts a descriptive-analytical methodology based on the examination of classical and contemporary jurisprudential sources through explanation, analysis, and inference.
When cyberattacks serve as a prelude to significant economic disruption, serious damage to critical infrastructure, or the killing of government officials or citizens of an Islamic society, they may be classified as acts of military aggression or warfare. Furthermore, if it can be established that such an attack has been carried out by a hostile state—despite the considerable evidentiary challenges posed by the anonymity and technical complexities of cyberspace—the targeted state may, on the basis of established jurisprudential principles such as the obligation of jihad and self-defense, the sanctity of Muslim life and property, and the prohibition of submitting to oppression and aggression, undertake proportionate reciprocal measures and exercise the right of legitimate military self-defense.
کلیدواژهها [English]
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