Jurisprudential Investigation of Data Confinement in Cyberspace

Document Type : Original Article

Authors

1 Full professor at Mazandaran University

2 Associate professor at University of Tehran

3 Assistant prof. at Parsa Institute of Higher Education

4 PhD of Jurisprudence & Principles of Islamic Law

Abstract

Imprisonment in cyberspace is one of the most important events of this age. In many cases, the information, scientific, educational, and financial information of individuals is detained in cyberspace in such a way that detention prevents owners of the work from using their information, which raises the question of whether detention is a Allow virtual space? If not, what is its Imperative rules and status? Does imprisonment, in all cases, result in sanctity and guarantees? Imprisonment in cyberspace sometimes results in sanction, but in some cases only a warrant or only a sanction and the necessity of removing it, although there may be instances of neither sanction nor warrant. In this research, some of the issues which are discussed are reasons such as the wisdom to seize the property of others without the consent of the vicar, prohibition of consuming property wrongfully, the rule of “ala al-yad” and the rule of sanctity related to dignity, guarantee and ignorance, negation of warranties reasons on the permissible assumption.
 

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