Islamic Criminal Law Analysis of Cybersex Trafficking

Abstract

This article discusses the emergence of cybersex trafficking as a modern form of human trafficking that exploits cyberspace, thereby creating a legal vacuum or ambiguity in its regulation. The purpose of this study is to analyze the forms of cybersex trafficking and to review Islamic criminal law regarding criminal sanctions for cybersex trafficking. This study employs a normative juridical method with a conceptual approach, based on secondary data collected through a literature review. The data were then analyzed qualitatively by systematically describing, interpreting, and evaluating the legal materials gathered. The results of the study indicate that although cybersex trafficking is not explicitly recognized in classical fiqh literature, the substance of the act involves conduct that violates the maqashid of Sharia. From the perspective of Islamic criminal law, cybersex trafficking—as a form of human trafficking—is classified as a jarimah ta’zir because there is no specific textual provision (nash) governing it; thus, the determination of its penalty is left to the ulil amri. However, if in practice it is accompanied by other criminal acts, such as forced sexual intercourse, then the act must be analyzed separately in accordance with the provisions of fiqh jinayah governing that specific crime. The novelty of this study lies in the integration of classical Islamic criminal law concepts with modern cyberlaw mechanisms, a topic that has not yet been systematically examined in the context of digital-based human trafficking. This study contributes by providing a normative and moral framework for the development of Islamic and national legal policies to address increasingly sophisticated cybercrimes, as well as by strengthening the ethical foundation for protecting human honor and dignity in the digital age.