نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
With the expansion of digital technologies and the increasing presence of children in cyberspace, new forms of harm such as online grooming, cyber sexual exploitation, and digital bullying have emerged—forms that transcend traditional frameworks of criminalization. Within this context, the Iranian legal and jurisprudential system faces gaps in legislation, interpretation, and enforcement, which challenge its ability to respond effectively to such threats. This study aims to address this knowledge gap by examining the jurisprudential and legal foundations for criminalizing the cyber abuse of children. Employing a descriptive-analytical methodology, the research draws upon sources from Shi’a jurisprudence (fiqh), Iranian statutory laws, and relevant international instruments. Data were collected through content analysis of legal texts, jurisprudential doctrines, and case law. Findings reveal that although regulations such as the “Law on the Protection of Children and Adolescents” (2020) and the “Computer Crimes Act” (2009) address some instances of cyber abuse, their fragmentation and inconsistency hinder comprehensive child protection. Jurisprudentially, principles such as preservation of social order (ḥifẓ al-niẓām), guiding the ignorant (irshād al-jāhil), and promotion of virtue (amr bi-l-maʿrūf) offer adaptability to emerging challenges, yet require renewed interpretation and application. The article concludes that the development of a cohesive, localized model aligned with international obligations is essential for effective prevention, protection, and prosecution. The scholarly implication is that integrating Islamic legal principles with the realities of digital space can offer a robust theoretical foundation for enhancing child protection mechanisms in Iran.
کلیدواژهها English