The reality of crime in society has been that, upon discovering a particular pathway to commit a crime, a new channel emerges. The emergence and significance of the internet in contemporary times move side by side with cybercrime, becoming an advanced space for the ease and swift perpetuation of crimes. This has helped the likes of cyber-bullying, cyber-stalking and, especially, internet fraud to succeed almost seamlessly. The teachings of Islam include respect for each other's personal affairs, respecting the properties of others and not acquiring the properties illegally. Internet fraud remains a digitalized standard of theft, which has a very bad reputation in the principles of Islam. This, unhesitatingly, becomes the attention of the researcher in this paper, assessing the legal and ethical standpoints of Islam against the cynical activities.
Allah has prohibited humans from violating other people’s rights such as distrust, fraud and theft. This matter is clearly proved in the verses of the Qur'an which prohibit man from engaging in immoralities, which as well contradicts and opposes the main purpose of the Prophet's mission to present a good model of living for the "Ummah" to follow. On the other hand, one of the issues that raises great concern in the contemporary time is the cybercrime, which unmistakably incorporates immoral behaviors that Allah and His Messenger forbid, such as dishonesty, fraud, and theft. Compared to other crimes, cybercrime is expanding very quickly and has a significant negative impact on the political, economic, and social spheres.
Thus, being the goal of this study to further prove the act of cybercrime is unlawful from the perspective of Islam, which should be avoided by every Muslim, this chapter therefore examines the matter from the Islamic perspective with evidence to substantiate such condemnations and specifically relating its contemporary nature with similar roots.
Table of Contents
Dedication
Acknowledgement
Abstract
CHAPTER ONE
1.1 INTRODUCTION
1.2 CONCEPTUAL MEANING OF INTERNET FRAUD
1.3 INTERNET FRAUD/ CYBERCRIME) IN NIGERIA (YAHOO-YAHOO)
1.4 INTERNET FRAUD AS A TYPE OF CYBERCRIME
1.4.1 COMMON FORMS OF INTERNET FRAUD/CYBERCRIMES
1.5 SELECTED CASES OF CYBERCRIMES IN NIGERIA
1.6 LAWS AND POLICIES AGAINST INTERNET FRAUD/CYBERCRIMES
1.7 FACTORS RESPONSIBLE FOR YOUTH INVOLVEMENTS IN INTERNET FRAUD IN NIGERIA
1.8 IMPACTS OF INTERNET FRAUD ON THE NIGERIAN SOCIETY
1.9 CONCLUSION
Notes and References
CHAPTER TWO: A STUDY OF THE ISLAMIC POSITION AND RESPONSE TO INTERNET FRAUD/CYBERCRIME
2.0 INTRODUCTION
2.1 FRAUD FROM AN ISLAMIC PERSPECTIVE
2.2 EVIDENCES (AL-ADILLAH) AGAINST INTERNET FRAUD IN ISLAM
2.3 CONCLUSION
Notes and References
CHAPTER THREE: PREVENTIVE MECHANISMS AND PUNISHMENTS TO INTERNRT FRAUD/CYBERCRIME IN ISLAM
3.0 INTRODUCTION
3.1 PREVENTIVE MEASURES AND STRATEGIES AGAINST INTERNET FRAUD/CYBERCRIME
3.1.1 VICTIMS
I. PERSONAL INVESTIGATION (TABAYYUN)
II. FORBEARANCE (MUTASÄMIH)
III. SELF SECRET (SIRR)
3.1.2 AUTHORITIES
I. REHABILITATION OF OFFENDERS
II. EMPOWERMENT PROGRAMS
3.1.3 CULPRITS
I. ISLAMIC/MORAL EDUCATION
II. UTILIZATION OF SKILLS IN HEALTHY ACTIVITIES
III. SELF DISCIPLINE
3.2 PUNISHMENTS AGAINST INTERNET FRAUD/CYBERCRIME
3.2.1 NIGERIAN GOVERNMENT’S PUNISHMENT FOR FRAUD (YAHOO-YAHOO) CULPRITS
3.2.2 PUNISHMENTS (‘UQUBAT) IN ISLAM
3.2.3 PUNISHMENTS FOR INTERNET FRAUD IN ISLAM (TA’ZIR/ QISAS)
3.3 CONCLUSION
Notes and References
CHAPTER FOUR: CONCLUSION
4.0 INTRODUCTION
4.1 SUMMARY
4.2 SUGGESTIONS AND RECOMMENDATIONS
4.3 CONCLUSION
Notes and References
DEDICATIONS
This project is dedicated to my mother, Alhaja Folasade Wahidat.Oladimeji for simply being the best.
ACKNOWLEDGEMENTS
I wish to express my sincere thanks and gratitude to Almighty Allah, the giver and administrator of knowledge who in His infinite mercy has made my course of study a success with ease.
My sincere gratitude goes to my supervisor Prof. K.O Paramole for his critique on the research, which has led to addition of several ideas and contributions in achieving this goal not minding the time, effort and the workload on his table to be attended to. Your professional corrections, constructive suggestions and recommendations cannot be overemphasized.
I must also express my sincere thanks to the lecturers in the Department of Religions and Peace Studies, like Prof T.M Salisu, Prof.Ishaq L. Akintola, Dr. Mustapha A. Bello, Dr.UthmanSiddiq, Dr. A. O. Bashua, Dr IsholaTajudeen and other staffs of the department.
Undoubted gratitude goes to my parents for their support, moral inclusion, affections and fervent prayers. Also, I must express my gratitude to my only sister Halimah Oladimeji, you’ve always inspired and encouraged me in this line of study. Thank you for being the best. I also appreciate my brothers Muaz Oladimeji and Fuad Oladimeji for their support throughout.
My thanks and appreciations also go to my colleagues who made my stay in school worthwhile ranging from Yahya Awwal, Faith, Olowooribi Hawwau, Tiamiyu Khadijah, Seriki Mujeebah, Yusuf Zaynab, Arepo Zaynab, Faaizah, Rodiah, Abdullah Tijani, Sulayman Musa, Akintola Ameer, Maqaamah, Alfa Olugbon and The Stupendous Class of 2022 at large.
I would also like to thank everyone who provided me with information for this project, particularly Hallowed Jigaba. Thank you for motivating me and creating time to make sure I completed this research. I really appreciate you. Also Muhammad Dhikrullah, Abbas Bello, Abdur-Rahman Adeotan, Isah Khalifah, Bash, Alfa Abdulghani, Salafiy, and Mr Kazeem, I appreciate your valuable suggestions, moral support and encouragement in the course of carrying out this research.
Finally, to Adewale Aishat, Falana Samiat, Osifisan Haminat, Hafsah, Maryam,Ladipo Ibrahim,
Khalid and Hameedah Ahmad. You are all acknowledged.
ABSTRACT
The reality of crime in the society has been that, upon the discovery of a particular pathway to commit crime emerges a new channel. The emergence and significance of Internet in the contemporary times moves side by side with cybercrime, becoming an advanced space for the ease and swift perpetuation of crimes. This has helped the likes of cyber bullying, cyber stalking and especially, internet fraud in succeeding almost seamlessly. The teachings of Islam include the respect for each other's personal affairs, respecting the properties of others and not acquiring the properties illegally. Internet fraud remains a digitalized standard of theft, which has a very bad reputation in the principles of Islam. This, unhesitatingly, becomes the attention of the researcher in this paper; assessing the legal and ethical standpoints of Islam against the cynical activities.
CHAPTER ONE INTRODUCTION
1.0 Introduction
This chapter focuses on the conceptual meaning of internet fraud, internet fraud/cybercrime in Nigeria(Yahoo yahoo), internet fraud as a type of cybercrime, common forms of internet fraud/cybercrime, selected cases of internet fraud/cybercrime in Nigeria, existing laws and policies in combating cybercrime, factors responsible for youth involvements in internet fraud in Nigeria and the impacts of internet fraud on the Nigerian society.
1.1 Conceptual Meaning of Internet Fraud
Internet fraud shares the deceptive elements of cybercrime committed in a business engagement for personal benefit. It is the purposeful deception of others through false information, claims, or the concealment of the truth[1]; Thus, online fraud is broadly defined as the use of internet services to conduct dubious economic transactions with the goal of deceiving or defrauding individuals, organizations, or governments[2].
Internet fraud has also been defined as any type of fraudulent scheme that makes use of any component of the Internet to conduct fraudulent solicitations and transactions.[3]
Through the internet, e-commerce has established business platforms for merchants all over the world who engage in business activities such as invoicing, payment and goods delivery, mostly non visual online interactions. By implication, these platforms [non-visual] have generated potentials for fraudulent online operations.[4]
In general, the nature of online transactions, which allows transactions between two or more parties regardless of the physical presence of the players but offers instructions through an online medium, has aided the occurrences of internet fraud. Unfortunately, the accelerating growth of internet commerce with retail online transactions reached over $268 billion in 2012.5
The Internet Crime Complaints Centre (ICCC) received in 2013 received an estimate of 262,813 complaints, majority of which were concerning non-delivery of cash or items, FBI- related frauds, and identity theft that resulted into damages to the victims totalling millions of US dollars[6]. Additionally, according to Microsoft[7], "online fraud victimizes millions of unaware people every year, resulting in an adjusted loss of close to half a billion dollars".
Therefore, internet scams are becoming more and more of an issue and a significant challenge for organizations and governments worldwide, especially in the Gulf region (GCC), where there have been a large number of financial transactions conducted online, helped by the region's high acceptance and penetration of internet technology.[8]Fighting, managing, and avoiding online fraud has become a significant concern as it has spread at an alarming rate globally.[9]
1.2 Internet Fraud/ Cybercrime in Nigeria: Yahoo-Yahoo
There are numerous ways for a nation to increase its international reputation; these methods are not independent of how the country conducts its domestic affairs.
The Internet now occupies a larger portion of people's day-to-day activities in Nigeria than their other daily activities, due to the country's higher rate of ICT development and significance. The variety of online services, such as electronic mail and Internet Messaging (IM), are commonly used as excellent excuse by thieves known as "yahoo-yahoo boys" to carry out fraudulent and other challenging tasks.[10]In the end, "the Internet has provided a new avenue for the development of a criminal subset of deception.
The challenging aspect of this new form of extortion is that perpetrators can now use the Internet's unidentified preferred viewpoint to cause harm and swindle others. Because of the dire situation, high school graduates, college students, and recent graduates are turning to cybercrime (Yahoo-Yahoo) as an alternative path to success and a quick method to live an opulent lifestyle.[11]
Cybercrime, becoming a significant component of social reality for Africans has been suspiciously believed to be connected to the spiritual. There is a theory that cybercrime, also known as yahoo-yahoo, is evolving in Nigeria to a stage where targets identified as victims are hypnotized using fetish abilities to obey the perpetrators' commands. As an African practice, there are charms for reaching life goals as well as those for causing harm to others or destroying the interests of their targets. When a "yahoo boy" who has been socialized in the context described, goes to a herbalist to create charms that increase success in order to increase his chances of committing fraud on more people, he is mostly if not entirely engaging in social profiteering. It is a notable fact that people often claim to interpret every social occurrence beyond ordinary to be spiritual or involving the supernatural even though it cannot be scientifically proven.
Evaluating the controversial theory, Akiwowo informs that the Yoruba people have a similar worldview to other African peoples in that they perceive both natural and supernatural occurrences.[12]In the same line, Fadipe[13]asserts that despite the profound changes brought about by education, Christianity, and Islam, belief in charm among African peoples is still widespread.
In similar reaction, Warner reviews that cyber criminals in Ghana do not see their activities as crime, but rather as a social justice initiative to atone for the colonization of their ancestors by the West[14]. In contrast to pure Internet browsing, which relies on the use of deception techniques that might not be effective with all possible victims, it makes sense for them to use charms or spiritual aspects since they help fraud returns happen more quickly. From the above revelation, it does not only support the acclaimed belief that cyber criminals in the region involve in the spiritual and seek supernatural intervention [juju, jazz, charm] to help them actualize their mischievous aims by all possible means, but also have a strong conviction that they are only reclaiming their forefathers’ property from the foreigners. This is in fact the most correct justification of crime held from these culprits. This version of crime justification can also be seen in the recent event which occurred in Delta State, Nigeria where a group of suspected cyber criminals, protested their incessant arrests by the Economic and Financial Crime Commission (EFCC), claiming that the commission had been wrongly profiling them as fraudsters and arresting them without any concrete evidence to prove the charges swiftly filed against them. Some even went further to justify the acts as vengeance or payback against the foreigners for the brutal treatment given to their forefather.[15] Because a typical Nigerian youth is suspected of committing cybercrime and is therefore expected to be doing so, this has had a tremendous impact on the country's reputation around the world calling for preventive measures to cleanse this mess. This would be properly discussed in the forthcoming chapter.
1.3 Internet Fraud as A Type of Cybercrime
It is crucial to correctly differentiate between the many types of cybercrime in order to comprehend it, as the offenders' motivations and methods of operation vary. Koops[16] observed that cybercrime has gained popularity and emphasized how the development of computers has created new issues for criminal law and policy. The victim is now the main focus instead of computer-related crime. In recent years, cybercrimes have increased significantly and become more networked and structured. The two sides of cybercrime include dealing with different computer infections with viruses and malware and using cyber tools as a means of deceit and fraud (examples include cyber stalking, fraud and identity theft, and information warfare phishing scams.[17]
Due to the wide variety of offenses that constitute cybercrime, it is challenging to categorize or define a single form of cybercrime.[18] According to Koops,[19]internet has a significant impact on how cybercrime is sustained and perpetuated. The way that cybercrime is committed has undergone a complete transformation thanks to the internet. Every year, cybercrime changes, taking on new shapes and following new trends.
1.3.1 Common Forms of Internet Fraud/Cybercrimes
Jones also identified three major types of offences relating to cybercrime:[20] Offences against the confidentiality, integrity and availability of computer data and systems (hacking, viruses and possessing hacker software); Computer-related offences (forgery and fraud); Content- related offences (copyright and patent offences). Other prominent forms of cybercrime are discussed below:
Tax-refund fraud:According to Yurcan, the prevalence of tax-refund fraud has recently become alarming. He reports that in October, the Journal of Accountancy revealed that the perpetrators were charged with over 5,000 fake tax filings in a single civil suit, which they carried out by faking the identities and social security numbers of deceased tax payers in order to make claims totalling $14 million.[21]
The strategy is to access the essential documentations needed for processing tax refunds from someone who will not be filing for refund but most preferably using details from a diseased person. Various illicit computer mechanisms are adopted as avenue and quick platforms to obtain this information. While phishing and social engineering are leveraged upon, a black market of illicit sale of compiled documentations for such unscrupulous act is also operated. Social security numbers, address, date of birth of various person are traded in this black market. It has been discovered that marketers are persons who are insiders in various institutions and have access to vital information, for example, workers in hospitals, doctor’s offices and people who capture information for newly purchased vehicles.[22]
Bank Verification Number (BVN) Scams:The BVN is a biometric identification system which consists of an 11-digit number that acts as a universal ID across all the banks in Nigeria. BVN was implemented in 2015 by the Central Bank of Nigeria. It was introduced to link various accounts to the owner thereby ensuring that fraudulent activities are minimized. For fraudsters, opportunities to extort money and to carry out other fraudulent activities arose from the implementation of the BVN. It was detected that fake and unauthorized text messages and phone calls were sent to various users demanding for personal information such as their account details. In addition, phishing sites were created to acquire such information for insalubrious activities on the bank account.
Corporate account takeover:According to Singleton and Ursillo[23],a developing kind of cybercrime known as Cooperate Account Takeover became prevalent in the summer of 2008. It has a terrible impact and drives organizations into debts worth millions of dollars. The attack necessitates advanced expertise of hacking and computer manipulation because perpetrators gain critical complaint details and hack one of the company's computers to steal thousands of dollars. While electronic cash transfers have been the most commonly observed form, it is crucial to remember that it could also take the form of an Automated Clearing House (ACH) or wire transfer, which is detailed in three stages.
The first step is, illicitly acquiring login credentials. These details are systematically derived by sending bulk email messages or advertorial links to people without any legitimate intent but to defraud. The messages are sent with malicious intent and have been wired with programs such as Trojans to sniff out essential information from the computers of the recipient.
After the essential details have been gotten illegally, the next step involves gaining unauthorized access to the victim’s computer to avoid flagging off red signals. To avoid raising alarm, they hijack a computer from the company and use this trusted source to avoid the security check of the bank login finger print from unrecognized sources. This approach allows them carry out their activities without any grave danger of been interrupted in the process.
The final phase is to transfer funds from the hacked account to the victims account before they move it out to other incorporated private accounts from which the money might be distributed systemically across the globe to avoid easy traces.
Identity theft:When cybercriminals illegally steal a person's important information in order to perpetrate fraudulent crimes, this is commonly categorized as identity theft. It is usually seen as unprofitable until the stolen information is exploited to generate financial incentives. As a result, it is a process that allows for various types of cybercrime, such as tax-refund fraud, credit-card theft, loan fraud, and other crimes. This form of cybercrime does not benefit unless there is a money incentive or some type of data damage that can be done.
Theft of sensitive data:Vital information is particularly appealing to hackers because it demands very specific gear for their illegal activities. They consist of personally identifiable information, trade secrets, source code, customer information, and personnel records. These sorts of cybercrime are closely related to the previously listed types, and they frequently necessitate numerous phases that interlock all of the previously mentioned types to be successful in their operation. Cybercrime, on the other hand, has a massive and terrible financial, economic, social, and psychological impact. As reported in 2012, cybercriminals attacked the South Carolina Department of Revenue and stole 3.6 million social security information and 387,000 credit/debit card details. This is due to their understanding of modern technology and their ability to use the use of computers and the internet to their advantage.[24]
Theft of intellectual property:Theft of commercial, copyrighted items such as movies, music, and books is an example of this type of activity. The perpetrators vary, and numerous agents within society's social framework have been identified as promoters of such intellectual theft. The purpose is to illegally possess intellectual property and profit from it in an unauthorized manner.
Consumer/economic fraud, computer-related fraud, classic fraud, hacking, and child pornography are examples of other types of cybercrime. Consumer fraud is a type of cybercrime that involves tricking people by promising non-existent goods and services. Consumer fraud manifests itself in various patterns and forms. Cybercriminals involved in consumer fraud are increasing due to internet access, they are all over the social media, stalking accounts of certain suitable targets for their schemes.[25]
Hacking: This is a popular form of cybercrime; cybercriminals break into a person’s computer to access certain personal or sensitive information. Some organizations make use of hacking to test the strength of their internet security, this act is known as Ethical Hacking. Hackers make use of several means to gain access into a person’s personal account without being present in the crime scene. They make use of virus to also access this information.[26]
1.4 Selected Cases of Cybercrimes in Nigeria
Nigeria is now rated 18th in the world in terms of complaint reporting of cybercrime and ranked 12th in terms of complainant loss, according to the Internet Crime Complaint Center's in 2016, annual report on internet crime. This is considered as an improvement over the prior Internet Crime Report, which placed Nigeria third with a 5.8% prevalence of cybercrime operations worldwide, only behind the United States of America. Nigeria has a population of 185 million people, of which 97 million utilize the internet, or 52% of the population, according to the Internet World Stats study.
A compilation of arrests and prosecutions made by The Economic and Financial Crime Commission [EFCC] from January to June 2022 shows thatLagos, Ibadan, Abuja, Port
Harcourt, Benin, and Enuguare the cities that recorded the highest number of internet fraud cases.
According to EFCC source, “Yahoo Boys” have turned many of the hotels and guest houses in these cities into operation centers where multi-million dollar cyber scams are perpetrated. Some of these hotels are frequently raided by anti-graft operatives to arrest suspects.
Internet Fraud Cases In The First Half Of 2022
This map shows the spread of persons involved in internet fraud from January to June 2022 across Nigeria.
Illustrations are not included in the reading sample
DATA COLLATED BY THE WHISTLER FROM THE EFCC WEBSITE[27]
According to the data above, a total of 1056 internet fraud suspects were arrested in all the 14 zonal EFCC commands within the first half of 2022, with 312 convictions. This record, however, does not include other forms of crimes committed within the zone. As seen, Lagos, the centre of excellence leads with 198 arrests and 40 convictions for internet fraud. The Lagos Zonal Command includes only Ogun State with the big cities including Lagos, Abeokuta, and Ijebu Ode.
Another suspected internet fraudster, Abur David Aondowase was arrested in Makurdi on Thursday, November 17th, 2022 at his hideout in the state capital.[28] The EFCC, on Friday, November 18, 2022 also arrested eighteen suspected internet fraudsters in a sting operation in Ilorin, Kwara State. Most of these suspects, who identify as Muslims were smoked out of their hideouts at different locations following credible intelligence on their fraudulent activities in Ilorin and its environs. Specifically, they were arrested at Sobi, Akerebiata and Las Vegas Estate, Asa Dam, Ilorin. The suspects, who are mostly in their early twenties, include six students of tertiary institutions in the State, a footballer, Fashion Designer, Bitcoin Dealer and Laundryman, among others. Upon arrest, five exotic cars, 32 different brands of mobile phones, eight laptops and other incriminating materials were recovered from them.[29]
The Economic and Financial Crimes Commission, EFCC, on Thursday, November 17, 2022, arraigned one Ijeboi Dennis and Obade Monday Christian before Justice Abubakar Baba Shani of the Federal Capital Territory High Court, Apo, Abuja. Dennis,(aka Andrew Tran huynh) and Monday, who also claimed to be a Commander with the Federal Bureau of Investigation, FBI, as well as a Diplomat Director, were arraigned on a five count- charge bordering on conspiracy and obtaining the sum of Two Million, Eight Hundred and Twenty-Two Thousand, Eight Hundred and Sixty United States Dollars ($2, 822,860.00) by false pretense.[30] The Security agents also arrested 49 internet fraud suspects, who were within the age of 19 and 32, The arrest was made in various homes at Navy Estate .
Another reference to this growing menace in the case was the arrest of 402 suspects in the Lekki, Ajah axis of Lagos State between April and June 2021. According to Sonny Aragba- Akpore of This Day Live,[31] the Economic Financial Crimes Commission EFCC arrested men and women as mostly millennial, with 82 of them in the age bracket of between 25 and 34, the EFCC said most of those arrested are either still in school, recent graduates or university dropouts. Analysis of the data from the Cyber Crime Section further shows that the dominant form of internet crime is dating scam/online dating scam/romance scam. Sixty-four per cent of individuals arrested are involved in romance scam, followed closely by ‘middleman scam’ and ‘picking’ which account for eight per cent and seven per cent respectively, of those arrested.[32] As is the case in many states, an Oyo state court in the south west of Nigeria sent seven yahoo boys to prison in August 2020 relating to several cybercrimes.[33]They were charged with offenses ranging from identity theft, hacking or phishing. According to the Guardian newspaper,i[4]the operatives of the Lagos Command of Economic and Financial Crimes Commission (EFCC) have arrested 60 suspected internet fraudsters during an award ceremony at Conference Hotel in Abeokuta, Ogun. Investigation by the EFCC revealed that the event was organised to reward high-level internet fraudsters. The items recovered from the suspects at the point of arrest to include: exotic cars, electronic devices, laptop computers and mobile phones.
Another very important case is that of Ramon Olorunwa Abbas aka Ray Hushpuppi, who disguised himself as a philanthropist and businessman who flaunted his wealth with unique flamboyance and penetrating audacity. He would regularly adorn himself with fancy watches, designer clothes and showcase an expensive car collection typical of a superstar. He hung out in style with other personalities and travelled around the world in private jets and luxury yachts, displaying bundles of US dollar notes openly. He had a growing global audience of 2.5 million predominantly young social media followers.
Hushpuppi was arrested in June 2020 on charges of conspiring to launder millions of US dollars to finance his boisterous lifestyle. According to Dubai Police, Abbas and 11 other people were arrested during raids in which authorities seized nearly US$14 million, 13 luxury cars worth $6.8 million, 47 smart phones and computer evidence containing more than 100,000 fraud files on nearly 2 million possible victims.[35] He has been extradited to the United States where he has been jailed for 11 years for his role in an international fraud syndicate.[36]
1.5 Laws and Policies Against Internet Fraud and Cybercrime in Nigeria
Nigerians have evolved into cyber-creatures who spend a lot of time online. Cybercrime in Nigeria is growing as the digital world does. The necessity to combat these seemingly uncontrollable events gave rise to Cyber Laws in Nigeria. Cyber law works as a shield over cyberspace, preventing cybercrime from occurring. To stop illegal online activity, the government is dedicated to creating and implementing regulations. Nigerian cyber law has been significantly impacted by the "Cybercrimes (Prohibition and Prevention) Act, 2015." This Act establishes a thorough legal, institutional, and regulatory framework in Nigeria for the prevention, detection, prosecution, and punishment of cybercrime. The Act also promotes cybersecurity, the protection of computer networks, electronic communications, data, and computer programs, as well as the preservation of privacy rights and valuable national information infrastructure.
Cyber law refers to any legal framework that addresses the internet and related technologies. Cyber Law is sometimes known as "IT Law" or "Law of the Internet." It provides a legal framework for addressing problems with the Internet, computers, cyberspace, and other related concerns.
Cybercrimes (Prohibition and Prevention) Act, 2015
The Act provides an effective, unified and comprehensive legal, regulatory and institutional framework for the prohibition, prevention, detection, prosecution and punishment of cybercrimes in Nigeria.[37]
Cybercrimes highlighted under this ACT includes:
-Hacking Computer Systems and Data Alteration
-Computer related forgery
-Computer related fraud
-Publishing False Digital Signature and Certificates
-Attempt, conspiracy, aiding and abetting
-Identity theft and impersonation
-Phishing, spamming, spreading of computer virus
-Electronic cards related fraud
-Use of fraudulent device or attached e-mails and websites
Nigeria's Cyber Law Enforcement and Administration
The National Security Adviser's office acts as the organizing body for the security and enforcement authorities under the 2015 Cybercrime Act. The existing legal frameworks in Nigeria for dealing with cybercrime are strengthened and improved by the Attorney-General of the Federation.
The 2015 Cybercrime Act's provisions must be implemented effectively by all law enforcement, security, and intelligence organizations. In addition, they must collaborate with the Office of the National Security Adviser to initiate, develop, or plan training courses for law enforcement personnel facing domestic or international cybercrime charges.
Establishment of the Cybercrime Advisory Council
A Cybercrime Advisory Council (referred to as "the Council" in this Act) was established to coordinate the Cybercrime Act 2015 and is responsible for handling matters relating to the prevention and combating of cybercrimes, cyber threats, computer-related cases, and the promotion of cyber security in Nigeria.
The Cybercrime Advisory Council comprises of a representative each of the following Ministries, Departments and Agencies -
i. Federal Ministry of Justice;
ii. Federal Ministry of Finance;
iii. Ministry of Foreign Affairs;
iv. Federal Ministry of Trade and Investment;
v. Central Bank of Nigeria;
vi. Office of the National Security Adviser;
vii. Department of State Services;
viii. Nigeria Police Force;
ix. Economic and Financial Crimes Commission;
x. Independent Corrupt Practices Commission;
xi. National Intelligence Agency;
xii. Nigeria Security and Civil Defence Corps;
xiii. Defence intelligence Agency;
xiv. Defence Headquarters;
xv. National Agency for the Prohibition of Traffic in Persons;
xvi. Nigeria Customs Service;
xvii. Nigeria Immigration Service;
xviii. National Space Management Agency;
xix. Nigerian Information Technology Development Agency;
xx. Nigerian Communications Commission;
xxi. Galaxy backbone;
xxii. National Identity Management Commission;
xxiii. Nigeria Prisons Service;
xxiv. One representative each from the following:
xxv. Association of Telecommunications Companies of Nigeria;
xxvi. Internet Service Providers Association of Nigeria;
xxvii. Nigeria Bankers Committee;
xxviii. Nigeria Insurance Association;
xxix. Nigerian Stock Exchange;
xxx. Non-Governmental Organization with Focus on Cyber Security.
1.6 Factors Responsible for Youth Involvements in Internet Fraud in Nigeria
With the huge and increasing population of Nigerian youths going into internet fraud, we shall look at major causes of cybercrime among the youths and the society at large.
1. Unemployment
High rates of unemployment, challenging economic situations, and a deficient educational system have all been linked to cybercrime. Today's majority of cybercrime occurs as a result of graduates from tertiary institutions being unable to find employment. Nigeria is home to approximately 20 million unemployed individuals, with about 2 million newcomers joining the depressing ranks of the unemployed each year, according to the Nigerian National Bureau of Statistics. There is an adage that says “an idle mind is the devil’s workshop”; as such, most of our youth will use their time and knowledge as a platform for their criminal activity, in order to improve their livelihood and to make ends meet. This is why Allah repeatedly emphasized the importance of spending one’s time doing the right thing and the negative impact of staying idle. Supporting this, Allah says:
"And O my people! do whatever ye can: I will do (my part): soon will ye know who it is on whom descends the Penalty of ignominy and who is a liar! And watch ye! for I too am watching with you!" (Q11:19)
The Federal government has been coming up with various programs to curb the widespread of unemployment in Nigeria but most of these programs did not have any effect to curb the large number of unemployed graduates.
2. Poverty
Poverty is the state of having few material possessions or little income. It can simply be termed as deficient or insufficient means of living to survive economic standard because of low income and exorbitant cost of living above financial capacity.[38]
Since Nigerian government can no longer provide sustainable means that can be of benefit to its citizens, it is important to admit that all Nigerians are looking for ways to survive economic recession. The Qur’an reads:
"And certainly, We shall test you with something of fear, hunger, loss of wealth, lives and fruits, but give glad tidings to the patient. Who, when afflicted with calamity, say: "Truly! To Allah we belong and truly, to Him we shall return." (Q2:155-156)
Despite the ordainment of Allah in the verse above, the youth of today cannot withstand the lack of money and this has caused an increase in fraudulent activities.
3. Inadequate Law Enforcement
The regulating enactment against cyber offences is insufficient without effective measures of enactment and implementation; this represents the Nigerian society's record in regulating cyber offences. Normally, this situation pushes criminals to commit illegal crimes.[39]
According to studies, yahoo boys are often unconcerned with the police since they can bribe their way out of being detained.[40] The shortcomings in the implementation of regulating acts continue to stymie Nigeria's progress in the fight against cybercrime.
4. Easy Access to the Internet
The easy access to the internet and technology provided by internet and hypertext afford users with fast links to individual.[41]“The ease and convenience associated with IT and the Internet is now being exploited to serve criminal purposes”.[42] The internet is fast turning to a household thing for Nigerians. This ease of access to the internet is now being utilized to carry out criminal activities.
5. Ignorance of the gravity of breaking Internet law
According to Roberts,[43]many people overestimate the severity of cybercrimes, claiming that they are not as serious as crimes committed in "physical space," although their normalcy deviation is the same and their influence can be far-reaching in most circumstances. Furthermore, because of the distance between the criminals and the victims, they are frequently unaware of the implications of their actions and tend to underestimate their impact.[44]
6. Parents Influence/Negative Role Model
Since youth serve as social reflectors, it is regrettable that parents frequently fail to fulfil their legal obligations. Additionally, it is quite depressing to see how many parents socialize their children with crime values, as if this were a social and cultural value that needs to be passed on to the next generation. The terrible role model syndrome is ruining the lives of children involved in cybercrime and other nefarious activities. Many parents today pass along criminal beliefs to their children through socialization as if they were sociocultural norms that the next generation needed to learn.[45] Imagine a scenario where the mother poses as the account owner at the bank while the child gives the father crucial information to hack into someone's bank account via the computer system. The majority of the younger generations won't perceive anything wrong with cybercrime behaviours if this culture is ingrained in them.
1.7 Impacts of Internet Fraud on the Nigerian Society
Nigeria is a well-endowed country in terms of human and natural resources as compared to other countries around the world. Unfortunately, the country is classified among the world's impoverished nations, with human conditions deteriorating over time. "The political, economic, education and other social institutions, reflect varying degrees of decadence caused by fraudulent acts in Nigeria.”[46] As opined by Achebe, Nigeria was regarded as one of the most corrupt places in the world due to political recklessness.[47] Years after this, this opinion is still being reemphasized by the yearly Corruption Perception Index of the Transparency International in which Nigeria has been occupying one of the lowest positions in Africa and in the world. As it is, Nigeria has been noted to be in a state of “normlessness”, where anything goes; there is a breakdown of law and order and people no longer feel remorse for evil committed, shameful acts are celebrated and success is given a new definition, as wealth becomes more important than the means of obtaining it. Sudden wealth is normally celebrated among Nigerians populace regardless of its source; In fact, it is mostly associated with cleverness and no punishment is melted out where necessary. The involvement of the Nigerian Youths, therefore, in online fraudulent practices such as yahoo-yahoo cannot be separated from the value that the society places on wealth accumulation. However, this isn’t the only way internet fraud has impacted the Nigerian society. Other ways it has affected the society include;
Tarnishing the Country’s Image
This is due to the fact that a nation’s reputation is closely tied to its domestic activities and the kind of relationships it establishes with the outside world. We can’t ignore the fact that Nigeria is a country with a lot of good things and good people but unfortunately Nigerians are mostly falsely portrayed by outsiders as fraudsters which has led to lack of trust between foreigners and Nigerians. This lack of trust is up to the extent that Nigerians are no longer able to get online jobs due to the lack of trust and the tarnished image of Nigeria due to internet fraud.
Lack of Trust of Nigerian Youths
Since the upsurge of internet fraud in Nigeria, innocent Nigerian youths has been subjected to false accusations of being an internet fraudster. This accusation has also brought a lot of harms to innocent youths from the police and other security agencies. This act also led to one the biggest protest in Nigeria on October 20, 2020 which claimed some innocent youth’s lives. This protest was organized to bring an end to police brutality on innocent youths but unfortunately this brutality still happens in our present times.
Financial and Psychological Problems to Victims
A lot of Nigerians have been swindled of their hard-earned money and sometimes all their savings which will lead them to financial problems and sometimes push people close to poverty. This act can also cause psychological problems to the victims and cause them to fall into depression and sometimes lead to suicide.
1.8 CONCLUSION
An attempt has been made to review the conceptual meaning of internet fraud, internet fraud/cybercrime in Nigeria (Yahoo yahoo), internet fraud as a type of cybercrime, common forms of internet fraud/cybercrime, selected cases of internet fraud/cybercrime in Nigeria, existing laws and policies in combating cybercrime, factors responsible for youth involvements in internet fraud in Nigeria and the impacts of internet fraud on the Nigerian society.
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11. Tade, O., 2013. A spiritual dimension to cybercrime in Nigeria: The ‘yahoo plus’ phenomenon. Human Affairs, 23(4), pp.689-705.
12. Akiwowo, A.A., 1983. Ajobi and Ajogbe: Variations on the theme of sociation (No. 46). University of Ife Press.
13. Fadipe N.A., 1987. The Sociology of the Yoruba. Ibadan: University Press
14. Warner, J., 2011. Understanding cyber-crime in Ghana: A view from below. International journal of cyber criminology, 5(1), p.736.
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16. Koops, B.P., 2011. The Internet and its Opportunities for Cybercrime, Tilburg Law School Legal Studies Research Paper Series. European Journal of Social Sciences 6, (1) pg.469.
17. Taylor, R.W., Fritsch, E.J. and Liederbach, J., 2014. Digital crime and digital terrorism. Prentice Hall Press.
18. McCusker, R., 2006. Transnational organised cyber-crime: distinguishing threat from reality. Crime, law and social change, 46(4-5), pp.257-273.
19. Koops, B.P., 2011. The Internet and its Opportunities for Cybercrime, Tilburg Law School Legal Studies Research Paper Series. European Journal of Social Sciences 6, (1) pg.469.
20. Jones, B.R., 2006. Virtual neighborhood watch: Open source software and community policing against cybercrime. J. Crim. L. & Criminology, 97, p.601
21. Yurcan, B., 2011. Fraud on the Decline, But Still a Concern, Bank Systems and Technology.
22. Anderson, R., Barton, C., Bohme, R., Clayton, R., Van Eeten, M.J., Levi, M., Moore, T. and Savage, S., 2013. Measuring the cost of cybercrime. In The economics of information security and privacy (pp. 265-300). Springer Berlin Heidelberg
23. Tommie Singleton, C.P.A. and Ursillo Jr, S.J., 2010. Guard Against Cybertheft. Journal of Accountancy, 210(4), p.42
24. Bonner, P., 2012. S.C. Taxpayers Social Security Numbers, Credit Cards Hacked. Journal of Accountancy, Vol. Nov. 1
25. Newman, G.R. and Clarke, R.V., 2013. Superhighway robbery. Routledge
26. Yar, M., 2005. The Novelty of ‘Cybercrime’ An Assessment in Light of Routine Activity Theory. European Journal of Criminology, 2(4), pp.407-427.
27. https://thewhistler.ng/exposed-nigerias-biggest-internet-fraud-cities/
28. https://www.efcc.gov.ng/news/8638-efcc-arrests-49-suspected-fraudsters-in-abuja
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30. https://www.efcc.gov.ng/news/8669-efcc-busts-yahoo-yahoo-boys-hideouts-arrests- 18-in-ilorin
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37. Cybercrimes(Prohibition, Prevention,etc)Act2015. Assessed on 18th November,2022fromhttps://cert.gov.ng/images/uploads/CyberCrime_(Prohibition,Prev ention,etc)_Act,_2015.pdf
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46. Bammeke, F., 2004. Leadership through Education. Positive Leadership Monograph Series No.12: Lagos Centre for Social Science Research and Development.
47. Achebe, C., 1984. The trouble with Nigeria. Heinemann.
CHAPTER TWO A STUDY OF THE ISLAMIC POSITION AND RESPONSE TO INTERNET FRAUD/CYBERCRIME
2.0 Introduction
Allah has prohibited humans from violating other people’s rights such as distrust, fraud and theft. This matter is clearly proved in the verses of the Qur'an which prohibit man from engaging in immoralities, which as well contradicts and opposes the main purpose of the Prophet's mission to present a good model of living for theUmmahto follow. On the other hand, one of the issues that raises great concern in the contemporary time is the cybercrime, which unmistakably incorporates immoral behaviours that Allah and His Messenger forbid, such as dishonesty, fraud, and theft. Compared to other crimes, cybercrime is expanding very quickly and has a significant negative impact on the political, economic, and social spheres[1].
Thus, being the goal of this study to further prove the act of cybercrime is unlawful from the perspective of Islam, which should be avoided by every Muslim, this chapter therefore examines the matter from the Islamic perspective with evidences to substantiate such condemnations and specifically relating its contemporary nature with similar roots.
2.1 Fraud from an Islamic Perspective
Strictly using the Islamic law of transactions or contract as a guide, fraud can be used interchangeably in Islamic legal writings as follows to refer to any act of fraud; Fraud (tadlls), lesion or misrepresentation (ghabn), excessive misrepresentation (ghabnfahish), deceit (gharar), and trickery (taghrir). Besides, there are few words that also refer to fraud but less commonly used such askhallab, khiyanah, ihtiyal, tadlil, nasb, andkhadiawhich all vary in meaning from fraud, trickery, deception, lesion, misrepresentation, swindling to imbalance.
Taghriris described as the act of fooling another by using deceptive means in the form of actions or words, influencing the other to transact where he would not have transacted if such methods had not been used. In other words,taghrircan be either a dishonest deed or a statement. This definition dividestaghrTrinto two types:taghrTr-fi'Ii,which includes deceptive acts and maneuvers, andtaghrTr-qawIi, which includes lying[2].
Tadliscan also be defined as fraud. It causes misrepresentation or lesion (ghabn) and leads to a contractual imbalance (gharar) between the contracting parties.TadlTsas a legal term means a dishonest and deliberate action leading the contracting party to commit a mistake thereby convincing him to enter into a contract. Islamic scholars associate fraud with its consequence when judging it as a defect. The consequence should indicate lesion on one of the parties concerned otherwise fraud simply has no effect. In other word, the fraud must have causedghabnor loss to the contracting party and the loss incurred must come from the act of the fraud[3].
Aside from it, the termghararalso refers to deception.Ghararis taken to mean uncertainty, hazard, chance, or risk.Ghararis forbidden in Islam due to the unpredictable risk of speculation. It is described further as "when there is a subject that is disguised by one party, where it (this concealment) can produce a sense of inequality as well as tyranny in another party"[4]. In business,ghararexists when a party undertakes a venture blindly without sufficient knowledge or to undertake and excessively high risky transaction. The presence ofghararelement in the contract makes the outcome not known or hidden which may lead to a fraud[5].
However, there are well known provisions in the Qur'an which prohibit fraud in general. Therefore, activities that lead to such action are considered as fraud. Islam prohibits every type of fraud and deception, whether the fraud in activities of buying and selling or in any other matter between people. All Muslims are urged to be honest and truthful in all situations in everything they do.
The Qur’an speaks:
“And do not consume one another's wealth unjustly or send it [in bribery] to the rulers in order that [they might aid] you [to] consume a portion of the wealth of the people in sin, while you know [it is unlawful]” (Al-Baqarah 2:188)
In another verse, Allah says;
“Woe to those who deal in fraud, those who, when they have to receive by measure from men, exact full measure, but when they have to give by measure or weight to men give less than due. Do they not think that they will be called to account on a Mighty Day, a Day when (all) mankind will stand before the Lord of the Worlds?”. (Al-Mutaffifin83: 1-6)
Islam unequivocally condemns those who engage in fraud, i.e those who are insincere when they give measurement. The act of giving a lesser weight than due or giving a less amount than one should receive is considered fraud and those who engage in it will face severe punishment.
2.2 Evidences (Ad-Dala'il)Against Internet Fraud in Islam
Each of us must adhere to the Islamic way of life in our day-to-day activities. Allah has provided us with clear direction through the two principal sources, the Qur’an andHadith. As a result, these resources serve as the primary source of information for people in all aspects of their lives, including the recent emergence of new problems like cybercrime.
Allah said in the Qur’an:
“And We have certainly sent down to you distinct verses and examples from those who passed on before you and an admonition for those who fear Allah”.
(An-Nur, 24:34)
Among the bad moralities caused by computer crimes are distrust, fraud and stealing. They are hermeneutically discussed subsequently:
i. Distrust
Maintaining trust is one of the good morality taught by Islam. It refers to the act of fulfilling the rights of all person entitled to receive it. It is one of orders from Allah which must be fulfilled by every Muslim. Allah mentioned insurah al-Nisa’, verse 58:
“Indeed, Allah commands you to render trusts to whom they are due and when you judge between people to judge with justice. Excellent is that which Allah instructs you. Indeed, Allah is ever Hearing and Seeing”.
On the other hand, internet fraud involves distrust which causes loss of money or property. For example, distrust in computer crime happens when a person purposely reveals the
confidential information which do not belong to him/her such as pin number of credit cards or debit cards. Distrust is strictly prohibited by Allah and His Messenger. Allah emphasized this matter insurah Al-Anfal, verse 27:
“O you that believe! betray not the trust of Allah and the Messenger, nor misappropriate knowingly things entrusted to you”.
Also in Q3:161, Allah says;
“No prophet could (ever) be false to his trust. If any person is so false, He shall, on the Day of Judgment, restore what he misappropriated; then shall every soul receive its due, - whatever it earned, - and none shall be dealt with unjustly”.
All the verses above show that the act of distrust is condemned in Islam and the treacherous will face severe punishment in the hereafter. It can be considered as fraud because it will harm the people who put their trust in the person or on the contract signed.
Additionally,Rasulullah(The Prophet) SAW said:
“Whoever has (the following) four characteristics will be a pure hypocrite: If he speaks, he tells a lie; if he gives a promise, he breaks it; if he makes a covenant he proves treacherous; and if he quarrels, he behaves in a very imprudent, evil, insulting manner (unjust). And whoever has one of these characteristics, has one characteristic of a hypocrite unless he gives it up.”[6]
ii. Fraud
Islam prohibits its followers to do any fraud in any circumstances. Fraud is one of themazmumah(bad or unethical) acts, and has significant impact on human morality. Therefore, every Muslim must avoid fraud. Nevertheless, computer crime involves fraud which impact multiple parties. For example, if a hacker managed to get the pin number of an online banking account, he/she will use the stolen pin number to make transactions. However, the money does not belong to him, thus, he is cheating the person that accepts the transaction. Also, he/she will cause loss to the owner of the online banking account. Many verses of the Qur’an andHadithexplain this regard. Among them is inSurah al-Baqarah, verse 42:
“And cover not truth with falsehood, nor conceal the truth when you know (what it is)”.
Someone who cheats will receive bad punishment from Allah. This is stated clearly in His word inSurah Ghafir, verse 28:
“A believer, a man from among the people of Pharaoh, who had concealed his faith, said: "Will you slay a man because he says, 'My Lord is Allah.? - when he has indeed come to you with Clear (Signs) from your Lord? and if he be a liar, on him is (the sin of) his lie: but, if he is telling the Truth, then will fall on you something of the (calamity) of which he warns you: Truly Allah guides not one who transgresses and lies!”
There is also aHadithfrom the Prophet that warns the cheaters: The Prophet came across a man selling dates, and upon placing his finger into the pot containing it, he found that it was wet under the top layer. He said'what is this, the owner of this food?'. His response was 'the sky has damaged it' (i.e. the rain has damaged some of my goods). So he said 'do you not place it at the top of this food so that the people may see? Whoever cheats me is not from me (or in another narration: whoever cheats us is not one of us)[7].
iii. Falsehood and Breach of Pact/Promises
Falsehood can be defined as an untrue statement, an absence of truth or accuracy and the practise of lying.[8] Falsehood is strongly condemned in Islam as mentioned in the Holy Quran;“O ye who believe! There are indeed many among the priests and anchorites, who in falsehood devour the substance of men and hinder (them) from the way of Allah. And there are those who buy gold and silver and spend it not in the way of Allah.
Announce unto them a most grievous penalty.”(At-Taubah 9:34)
In this verse, Allah gives a warning to those who devour people the wrong way with a
severe punishment. Falsehood or misstatement about merchandise or services will harm the customer along with the producer and the trader as well.[9]
iv. Theft
In cybercrime, the hackers steal confidential information illegally by attacking the software application. This deed is obviouslyharamfrom the perspective of Islam. Allah has stated clearly regarding this issue inSurah al-Maidah, verse 38:
“As to the thief, Male or female, cut off his or her hands: a punishment by way of example, from Allah, for their crime: and Allah is Exalted in power”.
Additionally, Allah also stated inSurah an-Nisa’, verse 29:
“O you who believe! Eat not up your property among yourselves in vanities: But let there be amongst you Traffic and trade by mutual good-will: Nor kill (or destroy) yourselves: for verily Allah hath been to you Most Merciful!”
In summary, it is evident that cybercrime is classified asharam, it might result in serious transgression from an Islamic standpoint. It leads to immoral behaviour that is forbidden by Allah and His Messenger. Consequently, a system is required to end the crime.
2.3 Conclusion
In this chapter, attempt has been made to review fraud from an Islamic perspective and the evidences against internet fraud in Islam. It has been well established and proven that internet fraud or cybercrime and its relatives are highly and unreservedly condemnable in Islam . The criminal practice indisputably, can be adjudged as a crime having been involved in any of the vices itemized under the evidences (ad-dalail) against it in Islam such as; fraud, distrust, falsehood and theft.
The evidences have substantially been catalytic enough to incriminate those who practice the act to which preventions from recurrence and punishments for the offenders will become very necessary.
Notes and References
1. Hong L.H., Bin, L., & Taylor, M. (2010). A Comparative Analysis of Cybercrimes and Governmental Law Enforcement in China and the United States. Asian journal of criminology,: p.123-135.
2. Abdul Jabbar, S.F. (2012). Insider dealing: fraud in Islam. Journal of Financial Crime, Vol. 19: p.140-148.
3. Benjelayel, K. (2012). Islamic Contract Law, http://ssrn.com/abstract=2019550
4. CheYaacob, A & Abdullah, S. (2012). Principles of Islamic Commercial Bank in
Fundamental of Islamic Banking. University Technology MARA.
5. CheYaacob, A & Abdullah, S. (2012). Principles of Islamic Commercial Bank in
Fundamental of Islamic Banking. University Technology MARA.
6. Sahih Muslim, no.58, Beirut: Dar Ihya al-Turath al-‘Arabi,n.d.
7. Sahih Muslim, no.101, Beirut: Dar Ihya al-Turath al-‘Arabi,n.d.
8. Merriam-Webster Online Dictionary, 2010. https://www.merriam- webster.com/dictionary/falsehood.
9. Khan, M.A. (2011). Consumer Protection and the Islamic Law of Contract. Islamabad Law Review, Vol. 2 http://ssrn.com/abstract=1961912
CHAPTER THREE: PREVENTIVE MECHANISMS AND PUNISHMENTS TO INTERNET FRAUD/CYBERCRIME IN ISLAM
3.0 Introduction
Internet fraud and cybercrime are significant issues that affect individuals, businesses, and governments around the world falling victim to scams, hacks, and other forms of online deception. While there are various legal and technological measures in place to prevent and punish such crimes, it is also important to consider the ethical and moral frameworks that guide our responses to these issues. In this chapter, we shall explore the preventive measures and punishments for internet fraud and cybercrime in Islam, and how these principles can help to mitigate the impacts of these crimes on society.
3.1 Preventive Measures and Strategies Against Internet Fraud/Cybercrime
The famous proverb ‘Prevention is better than cure’ is not only associated with the health but also to the individual’s social lifestyle. Intentional fraudsters (i.e typical yahoo yahoo boys and girls) care less about the damage they might have caused in the lives of their victims. A respondent during the cause of interview revealed that there are times when their victims (referred as clients) would go to the extent of selling their properties, mortgaging their family assets and send the money to them.[1] Sometimes, they even send proof pictures of their arrest or detainment as evidence to buy the empathy of the manipulators. Some have ended up with suicide when they have nothing left to live on. These are disastrous and heartbreaking developments which solely affects the victims wherever they may be. Sadly, this doesn’t have a remorseful effect on the perpetrators. They barely even know them in real life not to wonder if they ever met them. The sore reality here remains that, it is the victims who would suffer more and in fact, it is only when the perpetrators are caught and apprehended that one could suggest they may as well get punished for their crimes and this unfortunately, is too uncertain with due concern for what’s obtainable in our contemporary society. It is in respect to this sad reality that the preventive measures come to play and this will be in content of the Islamic provisions in order to prevent the society from cybercrime. Also, violators or culprits should not be free from punishments or penalties. Punitive measures are expected to reduce the rate of internet fraudulent activities and this will be reintroduced from the dictates and traditions of Islam. Islam as a religion and way of life functions as a social institution which supplies remedy to life predicaments. It is believed in Islam that, “There is no disease that Allah has treated, except that He also has created its treatment.”[2]
Internet fraud as a social problem continues to pose endless challenges and threats to the societal well-being owing the governments, corporations, and individuals to lose great amount of money and valuables. In this context of internet fraud, we refer to cyber theft (i.e Yahoo Yahoo). Since the government’s response and measures to combat this menace through several agencies seem abortive, it is needless to shy away from adopting an impetus from the Islamic constructs which are subjected to-and-derived from the traditional rules and policies of Islam in preventing and correcting such crimes in the society.
The preventive measures in this case shall respectively be applicable to; the victims, the authorities and the culprits themselves who perpetrate the evils. This is because in a civil society, offenders do not only deserve to be punished as in retribution for their crimes but also need some treatments which will prevent them from returning to the crime or offense.
3.1.1 Islamic Preventive Measures in Islam for Victims
One of the very possible reasons why internet fraudsters keep hunting on victims is because of the unawareness among individuals to protect and prevent themselves of being victims. Most people are clueless on what to do. Hence the first preventive measures begin with the potential victim.
i.Tabayyun(Investigation): From various research literatures, it is discovered that the term “Tabayyun” is of twain analysis; first is the linguistic meaning derived from the dictionaries, and second is the contextual meaning in the Qur’an. Linguistically, the word "Tabayyun"is a verbal noun from the verbal word "Tabayyana” which is gotten from the basic verbal word “Bana” meaning “distinct”.[3] The addition ofta’ in the first syllable andtashdidin the middle syllable refers to advanced level of “to be clear” which madeIbnul Manzurin his work “Lisanul Arab” (one of the most distinguished Arabic classic dictionary), to settle that the meaning of “tabayyana” and “bayyana” is “to investigate” or “to clarify” or make something clear and valid.[4]Tabayyunitself is the gerund (Masdar) of the word “tabayyana” and his term is utilized as the absolute word to describe the action of investigating in Arab.
Contextually, from the Qur'an, it refers to Allah's instruction on the believers to investigate (Tabayyanu). The verse reads;
“O you who believe, if there comes to you a disobedient one with information, investigate, lest you harm a people out of ignorance and become, over what you have done, regretful”. (Qur'an 49:6)
“Tabayyun”is therefore an important social ethics highly expected from a believer. The absence of that is not only capable of leading one to a wrong decision but also amounting to a major conflict in the society.
Mostly, fraudulent activities on the internet feature a fake domain name which assures or promises gift or giveaway for its visitors. Sometimes the perpetrators design cheap or accessible questions for the victims who are eager to win big. Unfortunately, the victims fall for this so easily with the lack of investigation or careful observation.
It is important that we instill the culture oftabayyun, which is to verify news and information before accepting it as true or authentic before falling a victim to the scam.[5] Apparently, with the ethics ofTabayyun, before believing whatever information, the user remains vigilant and cautious. One common request from the perpetrators to the victims before any gift or giveaway can be awarded. Individuals should be more curious about this request before getting too excited to share or forward to other people
Tabayyuncan also be assistive in protecting and preventing the other recipients of the information from being victimized.
ii.Mutasamih(Forbearing): This refers to keeping oneself from doing a thing.[6]
Being hastily to respond to unverified information could pose a serious risk for the respondent. The Qur'an says;
” And man supplicates for evil as he supplicates for good, and man is ever hasty.” (Qur'an 17:11)
Especially on social media, fraudsters could easily design misleading information with the intention to extort or steal from any victim. Attending to information on social media requires patience, calmness, forbearing and carefulness to be free from fraudulent attacks.
A good example is seen from a WhatsApp post which was in circulation which says Bola Ahmed Tinubu Support Organisation (BTSO) is giving out N25,000 to every Nigerian citizen which came up after theAll Progressive Congress (APC) primary elections, following the emergence of the flag bearer, Bola Ahmed Tinubu. Fraudsters already sent information about financial assistance towards his campaign ahead of the main election and to this end, any impatient mind could go ahead to click the link through which other information would be requested and given for fraudulent launch. The pictural information below was obtained from the source.[7]
Illustrations are not included in the reading sample
Anas ibn Malik reported that the Prophet forbids haste and the haste to spread information yet to be clarified when he was reported to have said“Composure is from Allah, and haste is from Satan" ,[8]
Hence,MutasamihalongsideTabayyunprevents an individual from becoming a victim to internet fraud.
iii.Sirr(Self Secret):Keeping the personal information to oneself is considered very serious in Islam. Subjecting ones personal information which may be sensitive prevents it from fraudulent attempts. Fraudsters are always on alert at any available chances to steal or illegally acquire data that could be helpful for their evil attempts. As an individual, valuable information like bank details, account passwords, E-document locations, etc should not be made accessible or vulnerable are expected to be kept safe from others to ensure safety and security to a large extent. Being familiar with this instruction from banks and other sensitive platforms, it should be a thing of greater attention when the Qur'an had already advised that;“Indeed, Allah commands you to render trusts to whom they are due ". (Qur'an 3:58 )
This is another added proof or indication that Islam, has guided us enough on how to live safely in the society more than we have always sought or wait for solutions outside the scope of the religion.
3.1.2 Islamic Preventive measures for the Government
The government and authorities of a nation or community where internet fraud strives have a role to play in curtailing the menace. Rehabilitation and empowerment programs for offenders might be helpful recommendations.
A. Rehabilitation of Offenders
Narrowing from a research since 2014, it was revealed that Nigerian criminal justice system seems to have great loopholes because of its high recidivism rate. The crime index in Nigeria is 63.96% while the safety index is 36.04% which indicates that the country has very high crime rate and its judicial system is not that effective in reducing the level of crime.[9]
As quoted from Banwo’s work, “Osayi states that the criminal system of a nation must focus on rehabilitating criminals and training them on how to avoid aggressive, harmful and criminal behaviors. If the system fails to restrict criminals from repeating the same crimes, it is a great failure because the system is not supposed to end criminals but crimes.” [10]
The World Health Organization (WHO) defines rehabilitation as “a set of measures that assist individuals who experience, or are likely to experience, disability to achieve and maintain optimal functioning in interaction with their environments. [11]
This explains that, traditionally, rehabilitation has been an essential part of universal health measures to promote good health, prevention of disease, treatment and palliative care which helps a child, adult or older person to be as independent as possible in everyday activities and enables participation in education, work, recreation and meaningful life roles such as taking care of family. However, Britannica helps to further relate it as the most recently formulated theory of punishment is that of rehabilitation—the idea that the purpose of punishment is to apply treatment and training to the offender so that he is made capable of returning to society and functioning as a law-abiding member of the community. Rehabilitation which was established into legal practice in the 19th century was viewed as a better alternative to retribution. 1
The Nigerian government expresses low focus on the advancement of criminal justice system in the country. With poor attention to the full adoption of rehabilitation measures for offenders, the recidivism rate (I.e the tendency of a convicted criminal to reoffend) is on the increase. According to Osayi, Nigeria’s recidivism rate increased from 37.3% in 2005 to 52.4% in 2010 9 and this informs that the criminal justice system in Nigeria have little or no effect to the society.i[3]
In Nigeria, such offense as theft or fraud, be it physical or on the internet, may be given closer attention considering the root causes and factors. The government of Nigeria may have deeper reflection on the rehabilitation of internet fraudsters in light of the above purpose. Some cases may involve necessity (though, may not be justified enough) to commit such offense out of no choice. Islam doesn’t prevent the government from pardoning an offender especially if the offense is unusual and relatively necessary in this context.
Penalties and punishments could be worked on bigger internet fraud offenses that meet the conditions. Punishments in Islam are of levels depending of the gravity of crimes. What should be more careful of here as the authorities or government of a state is giving no or lesser penalties to bigger offenses when the reverse becomes the case in situation of a lesser offense. Just like delaying or overlooking the crimes committed by the higher or middle class persons but be quicker to establish penalty for those belonging to the middle class or a targeted person.
The examination of punishments against internet fraud in Islam will be discussed in the last subsection of this chapter.
This view is not to render retribution as useless or irrelevant but to support rehabilitation measures as a complement to the former especially in cases where offenses are; caused by high necessity for survival, involving a minor theft such as petty money or gains from their act or especially, when the offenses are recurring from one person too much. Apart from the last one (i.e unrepentant offender), the first and second may be better managed through empowerment programs.
B. Empowerment Programs
The culprits too should have a privilege to life changing programs and activities which might help them repent from the negative practices and use of internet like internet fraud. The empowerment programs can be embarked upon by the government for the culprits. Even the Prophet treated the prisoners well during his lifetime.
William Muir in his work “The Life of Mahomet” stresses this. He observed that;
“In pursuance of Mahomet's (i.e Mohammad) commands, the citizens of Madina, and such of the refugees as possessed houses, received the prisoners, and treated them with much consideration. “Blessings be on the men of Medina!” said one of these prisoners in later days; “they made us ride, while they themselves walked: they gave us wheaten bread to eat when there was little of it, contenting themselves with dates.”[14]
Supports like; financial aids, skill acquisition programs, grants and scholarships can be arranged for the culprits which amount to life changing opportunity for them. Further self empowerment measures like Islamic/moral education, utilization of skills in healthy activities and self discipline can be very helpful for the culprits.
3.1.3 Preventive Measures for the Culprits.
The following self empowerment measures can be helpful for and to the culprits:
a) Islamic/Moral Education
Islamic education provides for human rights and protection for the entire humanity as a whole, which are to be observed and respected under all circumstances. To have these rights safeguarded, Islam does not only design legal system, but also a very effective moral system. Internet fraudulent act against another is an infringement of others’ right which should be regretted. Culprits who feel sincere regret and wish to repent their misdeeds should consider revisiting the Islamic education. Modern times have made it easier to attain knowledge on the internet without necessarily moving out of one’s comfort zone. Scholars and students of Islamic studies can be consulted for guidance. It cannot be disputed that moral decadence, lack of social responsibilities on kindness and consideration of others, disregard for justice in the society are responsible for the vicious challenges that are before us. Hence, the resort to Islamic moral education is a better self measurement to be embarked on by the culprit.
b) Utilization of Skills in Healthy Activities
Islam encourages humanity to contribute positively to the earth, by utilizing whatever skill or value one possesses for positive benefit. The religion orders its followers to be part and parcel of a working and productive society.
The Qur’an says:
“And help one another in goodness and piety, and do not help one another in sin and aggression; and be careful of (your duty to) Allah.” (Al-Ma’idah 5:2)
Culprits can channel their dedication to repent towards the utilization of their skills for the betterment of the society. Since every human would be accountable and questioned for whatever use they make of their possessions or abilities, it should be encouraged that culprits divert the use of their internet and convincing skills and abilities from the evil purpose to righteous purposes like investigating and nailing criminals among host of healthy and developmental purposes in the society. [15]
c) Self Discipline
At this contemporary time and in a society like Nigeria, where hardship, poverty, lawlessness are on steroid with no significant hope for change, self discipline is one of the fruitful measures to abstain from evil alternatives like internet fraud among others.
Culprits should discipline themselves with patience, perseverance and steadfastness in times of hardship. Emphasizing on steadfastness and perseverance, the Qur’an reads:
“Righteousness is not you turning your faces toward the east or the west, but [true] righteousness is [in] one who believes in Allah, the Last Day, the angels, the Book, and the prophets and gives wealth, in spite of love for it, to relatives, orphans, the needy, the traveler, those who ask [for help], and for freeing slaves; [and who] establishes prayer and gives Zakah; [those who] fulfill their promise when they promise; and [those who] are patient in poverty and hardship and during battle. Those are the ones who have been true, and it is those who are the righteous”. (Al-Baqarah 2:177).
In light of the above preventive measures and the punitive systems which would be discussed next, internet fraud/cybercrime can be weakened and curtailed to a great extent in the society.
3.2 Punishments Against Internet Fraud/Cybercrime
The use of the internet has revolutionized the way we communicate, access information, and conduct business. However, with the proliferation of technology, there has also been an increase in internet fraud and cybercrime. These crimes can range from identity theft, phishing scams, and financial fraud to cyber bullying and hacking.
In Islam, the issue of fraud and deception is addressed in the Qur’an andHadith, and there are clear guidelines for how Muslims should approach such matters. The religion emphasizes the importance of honesty and justice, and as such, there are specific punishments for those who engage in fraudulent activities.
This research will explore the preventive mechanisms and punishments for internet fraud and cybercrime in Islam. We will first examine the Nigerian government’s efforts to combat Yahoo-Yahoo and the punishments it has imposed on culprits. We will then delve into the punishments prescribed in Islam for fraudulent activities, including ‘Uqubat,Ta'zTr, andQisas. Finally, we will conclude by discussing the importance of preventing and punishing internet fraud and cybercrime in Islam and the role that individuals and communities can play in promoting honesty and justice online.
3.2.1 Nigerian Government’S Punishment for Internet Fraud (Yahoo-Yahoo) Culprits
In Nigeria, internet fraud, also known as “Yahoo-Yahoo,” has become a major issue in recent years. According to the Nigerian Economic and Financial Crimes Commission (EFCC), internet fraud is a “deliberate attempt to deceive and defraud the public through the use of the internet and other related communication mediums”.[16] The most common form of Yahoo-Yahoo is the use of fake websites and emails to trick individuals into giving away personal information or money.
To combat this issue, the Nigerian government has implemented various measures, including the establishment of the EFCC in 2003. The EFCC is responsible for investigating and prosecuting cases of internet fraud, money laundering, and other financial crimes. In addition, the Nigerian government has also implemented stricter penalties for those found guilty of Yahoo-Yahoo.
Under the Cybercrime (Prohibition, Prevention, Etc.) Act 2015, those found guilty of internet fraud can face up to 14 years in prison and a fine of up to $25,000. 1[7]
The Act also includes provisions for the seizure of any property or assets acquired through fraudulent means.
In addition to legal action, the Nigerian government has also implemented educational and awareness campaigns to educate the public on how to protect themselves from internet fraud and how to report any suspicious activity. These efforts have resulted in a decrease in the number of reported Yahoo-Yahoo cases in Nigeria, though the problem still persists.
3.2.2 Punishments (‘Uqubat) in Islam
In Islam, the punishment for internet fraud and other forms of cybercrime is not specifically prescribed in the Qur’an or theHadith.However, the issue of fraud and deception is addressed in the Qur’an andHadith, and there are clear guidelines for how Muslims should approach such matters. The Qur’an states:
“O you who have believed, do not consume one another’s wealth unjustly but only [in lawful] business by mutual consent. And do not kill yourselves [or one another]. Indeed, Allah is to you ever Merciful”(Qur’an 4:29).
This verse emphasizes the importance of honesty and justice in financial matters and prohibits the unlawful consumption of others’ wealth. In Islam, fraud is considered a serious offense and is punishable by ‘Uqubat, a type of punishment prescribed in the Qur’an and Hadith for offenses that do not warrant the punishment of death or corporal punishment.[18]
There are several types of ‘Uqubatprescribed in Islam, including imprisonment, fines, and confiscation of property. The specific punishment is determined based on the severity of the offense and the circumstances surrounding the case.
For example, if an individual is found guilty of financial fraud, they may be required to pay back the amount of money they fraudulently obtained and may also face a fine or imprisonment. In cases where the individual has acquired wealth or property through fraudulent means, the Qur’an states that it must be confiscated and returned to the rightful owner (Qur’an 8:41).
It is important to note that in Islam, the goal of punishment is not solely to inflict suffering or punishment on the offender, but rather to deter future wrongdoing and encourage repentance and reform. As such, the punishment should be proportional to the offense and should not exceed the limits set by Islamic law.
3.2.3 Punishments for Internet Fraud in Islam (Ta'zTr/Qisas)
In addition to ‘Uqubat, there are two other types of punishment for internet fraud and cybercrime in Islam:TazirandQisas.
Ta'zirrefers to discretionary punishment that is imposed by a judge or ruling authority for offenses that do not have a specific punishment prescribed in the Qur’an orHadith1 In the case of internet fraud, a judge may impose aTa'zirpunishment based on the specific circumstances of the case. For example, if an individual is found guilty of creating a fake website to defraud others, a judge may impose a fine or imprisonment as aTa’zirpunishment.Qisas, on the other hand, refers to retribution or retaliation in kind for a crime that has been committed?[8] In the case of internet fraud, if an individual has caused physical harm or loss to another person through their fraudulent activities, they may be required to compensate the victim in accordance withQisas.
It is important to note that in Islam, the punishment for internet fraud and cybercrime should be determined based on the specific circumstances of the case and should be guided by the principles of justice and fairness.
In summary, Islamic law allows for judges to use their discretion and imposeta’zirpunishments. These punishments can vary depending on the severity of the crime and the circumstances of the case. In the case of internet fraud, a judge could impose a fine, imprisonment, or both as ata'zirpunishment. In addition to ta’zir punishments, Islamic law also allows forqisas, which is the punishment of equal retribution. For example, if someone is found guilty of defrauding someone else of a large sum of money, the judge could order the offender to pay back the victim in full or to suffer the same financial loss themselves.
3.3 Conclusion
Internet fraud and cybercrime are serious issues that can have devastating consequences for individuals and communities. In Nigeria, the government has implemented measures to combat Yahoo-Yahoo and punish those found guilty of such crimes. In Islam, there are clear guidelines for the prevention and punishment of fraudulent activities, including ‘Uqubat,Ta'zir, andQisas. It is important for individuals and communities to be aware of the potential risks of internet fraud and to take steps to protect themselves. This includes being cautious of suspicious emails or websites, not giving out personal information to unknown sources, and reporting any suspicious activity to the relevant authorities.
In addition, it is also important for communities and governments to work together to educate the public on internet safety and to implement strict punishments for those who engage in fraudulent activities. By promoting honesty and justice online, we can create a safer and more trustworthy digital environment for all.
Notes and References
1. Name and information appealed to be anonymous
2. Abu Dawud and Tirmidhi: Sahih Bukhari Volume 7, Book 71, Number 582.
3. Anggi Azzuhri, (2020). TABAYYUN AS A CRUCIAL ASPECT IN THE QURANIC CONCEPT OFUMMAHANALYSIS OF “TABAYYUN” IN SURA AL-HUJURAAT (49:6) Article in Hunafa Jurnal Studia Islamika.
4. Manzur, Ibnul, "Lisanu l Arab", Beirut, Daar Sadr, 2008 cited in, Anggi Azzuhri," TABAYYUN AS A CRUCIAL ASPECT IN THE QURANIC CONCEPT OF UMMAH ANALYSIS OF “TABAYYUN” IN SURA AL-HUJURAAT" Jurnal Hunafa: Studia Islamika.Assessed on 1 February 2023.
5. Shaikh Mohd Saifuddeen Shaikh Mohd Salleh, ‘Tabayyun’ in the age of social media, Tuesday, 13 Dec 2016, https://www.thestar.com.my, accessed on 3 February 2023.
6. www.thefreedictionary.com, accessed on 3 February 2023.
7. https://www.icirnigeria.org/beware-tinubu-support-fund-post-in-circulation-is-false/
8. Jami' at-Tirmidhi 2012: Book 27, Hadith 118
9. Stephens, O. A., & Nel, N. M. (2014) “Recidivism and emotional intelligence of male recidivists in Lagos State, Nigeria”,Journal of Psychology. 5(2), 115-124.
10. BANWO, Adetoro Olaniyi (2021). “REDUCING RECIDIVISM RATE: A COMPARATIVE STUDY OF NIGERIA AND CHINA’S PRISON SYSTEMS”African Journal of Social Issues 4(1): 1-21, 2021.
11. World Health Organization (WHO), World Bank. (2011).World report on disability. Geneva: Author. Retrieved 5 February 2023, from http://www.who.int/disabilities/world_report/2011/en/
12. https://www.britannica.com/topic/punishment/Rehabilitation
13. https://archive.org/stream/lifemahometandh02muirgoog#page/n138/mode/2up.
14. Osayi, K. K. (2013). “Socio-cultural factors affecting reintegration of discharged prisoners in Anambra State, South East, Nigeria”Mediterranean Journal of Social Sciences. 4(10), 775-775.
15. https://islamonline.net/en/the-concept-of-work-in-islam/?amp
16. https://www.efccnigeria.org/about-efcc/
17.Cybercrimes(Prohibition,prevention,e.t.c)ACT,2015.https://lawnigeria.com/2020/01/cyber- crimes-prohibition-prevention-etc-act-2015
17. Shafi, M. Muhammad Islamic criminal law. Retrieved from https://www.islamic-laws.com/criminal-law/
18. Shafi, M. Muhammad Islamic criminal law. Retrieved from https://www.islamic-laws.com/criminal-law/
CHAPTER FOUR CONCLUSION
4.0 Introduction
This section revises the entire chapters with recommendations where applicable.
4.1 Summary
The opening chapter focuses on the conceptual meaning of internet fraud with specific study on the activities in Nigeria. Internet or online fraud is broadly defined as the use of internet services for the conduct of dubious economic transactions in order to deceive individuals, organizations, or governments. It is any type of fraudulent scheme that makes use of any component of the Internet to perpetuate fraudulence. The Internet Crime Complaints Centre (ICCC) received 262,813 complaints in 2013 with its majority on non-delivery of cash or items, FBI-related frauds, and identity theft, which resulted in damages to the victims totaling millions of US dollars.[1] Microsoft also reports that online fraud victimizes millions of people every year, resulting in an adjusted loss of close to half a billion dollars.[2]
Since the internet has now occupied a larger portion of people's day-to-day activities in Nigeria, the country's higher rate of ICT development has attracted fraudulent activities, thus providing a new avenue for the development of a criminal subset of deception hence, the endless rise and advancement of Yahoo Yahoo in the country. The common forms of internet fraud/cybercrime include; Tax refund fraud, Bank Verification Number (BVN) Scams, Corporate account takeover, Identity theft, Theft of sensitive data, Theft of intellectual property and Hacking. There are many cases of internet fraud/cybercrime in Nigeria but to mention a few selected cases are; Ijeboi Dennis and Obade Monday Christian, Abur David Aondowase was arrested in Makurdi, Benue State, arrested on Thursday, November 17th, 2022, the popular Hushpuppi, who disguised himself as a philanthropist and businessman, flaunting his wealth with unique flamboyance, was arrested in June 2020 on charges of conspiring to launder millions of US dollars to finance his boisterous lifestyle and many others.[3]
The next chapter discusses the perspective of Islam on internet fraud and the sufficient evidences from the Qur'an andHadithto condemn internet fraud/cybercrime.
Fraud from perspective of Islam could be any act that's been described with any of the following synonyms;TadlTs(fraud),Ghabn(lesion or misrepresentation),Ghabnu-fahish(excessive misrepresentation),Gharar(deceit),TaghrTr(trickery). The following are less commonly used;khallab(fraud),khiyanah(trickery),ihtiyal(deception),tadlil(lesion),nasb(misrepresentation), andkhadi’a(swindling). All forms of fraudulence acts as listed are unequivocally condemnable in Islam. Internet fraud evidently features in some mischievous acts which are condemned in Islam. Bad attitudes like; fraud, lies, distrust, theft, beach of trusts, etc.
The Prophet had said,
“Whoever has (the following) four characteristics will be a pure hypocrite: If he speaks, he tells a lie; if he gives a promise, he breaks it; if he makes a covenant he proves treacherous; and if he quarrels, he behaves in a very imprudent, evil, insulting manner (unjust). And whoever has one of these characteristics has one characteristic of a hypocrite unless he gives it up."[4]
This, along many other evidences in the Qur'an andHadith,sufficiently provides for the classification of internet fraud/cybercrime as unlawful in Islam.
The third chapter addresses the preventive measures in Islam against internet fraud as well as punitive measures on the criminals found guilty of internet fraud. Preventive measures are applicable to the victims, government or those in authority and the culprits themselves.
One of the reasons internet fraudsters successfully accomplish their mischiefs is because of the unawareness among individuals to protect and prevent themselves from being victims. Individuals and groups should practice the Islamic culture of;Tabayyun(investigation) that is, verifying news and information before accepting it as true or authentic in order not to fall victim to scammers,Mutasamih(forbearing) which refers to avoidance of hastiness towards any offer or benefit presented before an individual, andSirr(self secret), that is, keeping sensitive or personal information to oneself except where it becomes highly necessary to disclose.
Those in authority also have a role to play in curtailing the menace of internet fraud. Roles like rehabilitation of offenders and empowerment programs can be effective in reducing or preventing internet fraud in the society.
Lastly, the culprits can help or prevent themselves from engaging in internet fraud by revisiting or embracing the Islamic moral education, consider utilizing their skills for healthy activities and also practice self discipline.
Although, punishment for internet fraud or cybercrime generally is not specifically prescribed in the Qur’an or theHadith. However, since Islamic law allows for judges to use their discretion, the punishment for internet fraud and cybercrime can be deduced from the existing punishment prescriptions likeUqubat, which includes imprisonment, fines, and confiscation of property andQisas, that is retribution or retaliation in kind for a crime that has been committed. In other words, the judge may imposeTa'zir(discretionary punishments) for the offender depending on the gravity and effect of his offense.
4.2 Suggestions and Recommendations
- Local government should be given the required power and authority to continue a key role in crime prevention and community safety. This is because most crime of immediate concern to communities is local (e.g, property crime, antisocial behaviour, vandalism etc.), then the primary focus for preventive action should also be local.[5] Hence, the local community authorities or government along with local social institutions, agencies, companies and organisations, etc should educate their members, residents, individuals and groups on the need to practice the culture ofTabayyun(investigation) that is, verifying news and information before accepting it as true or authentic in order not to fall victim to scammers,Mutasamih(forbearing) which refers to avoidance of hastiness towards any offer or benefit presented before an individual, and Sirr (self secret), that is Keeping sensitive or personal information to oneself except where it becomes highly necessary to disclose.
- Also, the culture of rehabilitation should be revisited and taken seriously by the government especially at the local level to keep the offenders and repair them for a safer society. Empowerment programs that will aid them a better option for the utilization to their digital skills should be considered as well.
- In addition, it is important for authorities to educate the public about the consequences of these crimes and to provide resources for individuals who may be at risk of getting involved in these activities. This could include providing education about internet safety and financial literacy, as well as establishing programs to help individuals develop the skills and knowledge they need to succeed in the digital economy. It is also important for authorities to work with the private sector to develop technologies and strategies to prevent and detect internet fraud.
- Lastly, Islamic organisations should provide substantial amount of alternatives in terms of financing and empowerment for the Muslim youths who are already or about to be initiated to cybercrime.
4.3 Conclusion
This chapter successfully summarises the entire research study from the first section to the last. It revises the conceptual meaning of internet fraud and the selected cases in Nigeria. It goes further to recap the perspective of Islam on internet fraud/cybercrime with clear evidences from the Islamic primary source of information. The preventive measures for victims, authorities and culprits against the danger of internet fraud are summarised and lastly, with suggestions on how to effectively curtail or reduce the menace in the society.
Notes and References
1. Wall D.S. and Williams M. (2014), Policing Cybercrime: Networked and Social Media Technologies and the Challenges for Policing, 1 edition, New York, Routledge.
2. Internet Crime Complaint Center (2007) available at: https://www.ic3.gov/media/annualreports.aspx
3.https://blogs.lse.ac.uk/africaatlse/2021/06/09/nigerias-growing-cybercrime-phishing- threat-needs-urgent-government-action-economy/.
4. Sahih Muslim, no.58, Beirut: Dar Ihya al-Turath al-‘Arabi,n.d.
5. Cherney A & Sutton A.(2007) “Crime prevention in Australia: Beyond what works?” The Australian and New Zealand Journal of Criminology, 40(1): 65-81
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Website
- https://www.ic3.gov/media/annualreports.aspx
- https://thewhistler.ng/exposed-nigerias-biggest-internet-fraud-cities/
- https://www.efcc.gov.ng/news/8638-efcc-arrests-49-suspected-fraudsters-in-abuja
- https://www.efcc.gov.ng/news/8671-efcc-arrests-suspected-yahoo-boy-in-makurdi
- https://www.efcc.gov.ng/news/8669-efcc-busts-yahoo-yahoo-boys-hideouts-arrests- 18-in-ilorin
- https://www.thisdaylive.com/index.php/2022/06/01/digital-literacy-and-rising-cyber- crimes/. (Accessed on 20th November, 2022).
- https://www.channelstv.com/2021/09/03/402-cybercrime-suspects-arrested-in-lekki- in-three-months. (Accessed on 22nd November, 2022).
- https://www.bbc.com/pidgin/articles/c6p70p4vn37o. (Accessed on 22nd November, 2022).
- https://guardian.ng/news/efcc-arrests-60-suspected-yahoo-boys-in-ogun/. (Accessed on 13th November, 2022)
- https://blogs.lse.ac.uk/africaatlse/2021/06/09/nigerias-growing-cybercrime-phishing- threat-needs-urgent-government-action-economy/. (Accessed on 20th November, 2022).
- https://www.bbc.com/news/world-africa-63542573. (Accessed on 20th November, 2022).
- www.thefreedictionary.com, accessed on 3 February 2023.
- https://www.icirnigeria.org/beware-tinubu-support-fund-post-in-circulation-is-false/
- http://www.who.int/disabilities/world_report/2011/en/
- https://www.britannica.com/topic/punishment/Rehabilitation
- https://archive.org/stream/lifemahometandh02muirgoog#page/n138/mode/2up.
- https://islamonline.net/en/the-concept-of-work-in-islam/?amp
- https://www.efccnigeria.org/about-efcc/
- http://www.who.int/disabilities/world_report/2011/en/
- https://www.britannica.com/topic/punishment/Rehabilitation
- https://archive.org/stream/lifemahometandh02muirgoog#page/n138/mode/2up.
- https://islamonline.net/en/the-concept-of-work-in-islam/?amp
- https://www.efccnigeria.org/about-efcc/
- http://www.who.int/disabilities/world report/2011/en/
- https://www.britannica.com/topic/punishment/Rehabilitation
- https://archive.org/stream/lifemahometandh02muirgoog#page/n138/mode/2up.
- https://islamonline.net/en/the-concept-of-work-in-islam/?amp
- https://www.efccnigeria.org/about-efcc/
- https://lawnigeria.com/2020/01/cyber-crimes-prohibition-prevention-etc-act-2015
- https://www.islamic-laws.com/criminal-law/
- https://www.ic3.gov/media/annualreports.aspx
- https://cert.gov.ng/images/uploads/CyberCrime (Prohibition,Prevention,etc) Act, 201 5.pdf
- http://ssrn.com/abstract=2019550
- https://www.merriam-webster.com/dictionary/falsehood
[...]
- Citar trabajo
- Sofiyyah Oladimeji (Autor), 2023, A study of current trends in internet fraud (Yahoo Yahoo) and the Islamic response, Múnich, GRIN Verlag, https://www.grin.com/document/1432240
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