Identity Crime in Digital Environment: A Comparative Study Between the Common Law and the Shariah As Applied in Mauritania

Abstract

The study was devoted to the problem of identity related-crimes in the digital environment from the common law and the Shariah perspectives. The study attempted to capture the words used to describe the phenomenon (identity crimes) in different branches of knowledge in order to provide a sufficient definition to the phenomenon. It also touched upon the impacts of the crimes, and tools used by identity criminals to commit the offences. The study critically discussed and examined identity crimes in the light of the existing laws in the UK and Malaysia. The discussion revealed that both countries have piece of legislation that can be employed to curb various crimes related to identities. For the UK, the provisions relating to identity crimes can be found in Theft Act 1968, Computer Misuse Act 1990, Identity Documents Acts 2010, Fraud Act 2006 and Data Protection Act (DPA) 1998. Regarding Malaysia, the study found that some provisions in Penal Code, Computer Crimes Act 1997, Passport Act 1966, the Births and Deaths Registration Act 1957, the Official Secret Act 1972, Financial Services Act (FSA) 2013 and Islamic Financial Services Act (IFSA) 2013 and Personal Data Protection Act (PDPA) 2010 can apply to identity crimes. Islamic perspective on the matter was also discussed in the study. Therefore, the study proved that specific Shariah rules such as rules relating to theft, forgery, sanctity of property can apply to identity crimes in the digital age. In addition, general Islamic rules such as those relating prohibition of oppression, mischief, can be used to fight against the phenomenon. Regarding Mauritanian perspective, the study revealed that the Penal Code and other piece of laws could apply to the crimes in the absence of special laws in the country. Finally, the study recommended for enacting or creation of special provisions to deal with crimes of identity in the digital environment as the traditional laws may not suit new crimes such as identity crimes. It also urged for raising awareness among the citizen about the danger of identity crimes.