Toward Modern originating of the Civil Responsibility for the Damage caused by the information through internet Comparative Study in the Islamic Jurisprudence and The Positive (Human) Laws

doi:10.37651/aujlps.2017.132545

	Toward Modern originating of the Civil Responsibility for the Damage caused by the information through internet Comparative Study in the Islamic Jurisprudence and The Positive (Human) Laws
Journal of Anbar University for Law and Political Sciences
Article 1, Volume 7, Issue 2, 2017, Pages 1-21 PDF (798.6 K)
DOI: 10.37651/aujlps.2017.132545
Abstract
{The piece of information that can be exchanged easily and quickly through the internet could cause a damage to someone's reputation, or to a particular society, or even to all human beings, especially when this information urges for terrorism or to break the laws. As the classic division of things is based on the distinction between the material things and moral things, this would lead to a number of disadvantages and may cause ) لدمٛ جاوعٛ ا ٥ بٌاس لمعم إلقإ ٌٌٛٗ ألظ اٗط ٛٗ - العذد الثالث عؼش - المجمذ الثا - الظ ٍٛ ) 2017 2 criticisms, because this division would exclude the moral things from the domain of civil responsibility. According to this division, the moral thing are not enlisted under any of the two material things: Finance and Properties (Holdings). Today, since the damage could be caused by both the material and moral things, and since the entities or moral things could cause a damage larger many times than that damage caused by the material things, for all these reasons, it becomes necessary to establish the responsibility in the civil law for the damage caused by information and similar logical entities, in cope with modern developments. This is what the research aims to achieve.

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