Al-Istinbath
Jurnal Hukum Islam

Vol. 10. No. 2, 2025, 535-562
P-ISSN: 2548-3374 (p), 25483382 (e)
http://journal.iaincurup.ac.id/index.php/alistinbath

Fitnah in the Digital Age: Regulating Social Media Misuse
Through Islamic Criminal Principles
Omar Saad Ahmed1, Hussein Ajlan Hasan2, Sameer Dawood Salman Bazool3,
Aigul Mirzaeva4, Oudha Yousif Salman Al-Musawi5
Al-Turath University, Baghdad 10013, Iraq1
Al-Mansour University College, Baghdad 10067, Iraq2
Al-Mamoon University College, Baghdad 10012, Iraq3
Osh State University, Osh City 723500, Kyrgyzstan4
Al-Rafidain University College Baghdad 10064, Iraq5
* omar.saad82@uoturath.edu.iq
DOI: 10.29240/jhi.v10i2.13369
Received: 11-06-2025
Revised: 14-07-2025
Cite this article:

Accepted: 11-08-2025

Omar Saad Ahmed, Hussein Ajlan Hasan, Sameer Dawood Salman
Bazool, Aigul Mirzaeva, Oudha Yousif Salman Al-Musawi (2025) Fitnah
in the Digital Age: Regulating Social Media Misuse Through Islamic
Criminal Principles, Approach. Al-Istinbath : Jurnal Hukum Islam, 10
(2),2025, 538-563. Doi : 10.29240/jhi.v10i2.13369

Abstract
The global dissemination of fitnah false allegations, vilification, and
damaging speech has become even more pronounced with the
advent of social media, creating an ethical and moral quandary in
many Muslim (and other) societies. Although most countries have
adopted some version of secular laws for the control of their digital
space, there remains a clear deficiency in the application of an Islamic
criminal law that protects individual honor and social harmony. The
study looks at the possibility of adapting the Islamic criminal
principles to govern the abuse of social media platforms with special
reference to offences similar to qadhf, ghibah, buhtan and namimah.
It seeks to offer a jurisprudential model that is in harmony with the
current digital situation but is also acceptable with Islamic legal
principles. The article applies a doctrinal legal methodology and
statistical scrutiny of 155 digital crimes that have been reported. Data
were analyzed based on five dimensions of analysis: legal response,
severity index, harm likelihood, public concern, and variation with
the Shari‘ah compliance. Validation of the framework was guided by
Copyright © 2025 Omar Saad Ahmed, et.all
This work is licensed under a Creative Commons Attribution-Non Commercial-ShareAlike 4.0
International License

Omar Saad Ahmed: Fitnah in the Digital Age ….| 539

advice from jurists and organized classification of types of offense.
Differences in legal enforcement and popular reaction are dramatic,
according to the findings. The most compliant with Islamic law was
False Accusation and the least verdict was Defamation (despite being
the most frequent). Both Religious Incitement and Digital
Harassment showed high potential for harm but were somewhat
underregulated. Community responses conformed to Islamic ethics
and, in many instances, were more sensitive than institutional
responses. Possibilities for an ethically sound regulation of digital
offenses under Islamic criminal law. A hybrid model combining the
worldview values of Shari‘ah provisions and digital technology may
potentially favor justice, accountability and social harmony on digital
platforms.
Keywords: fitnah; social media regulation; Islamic criminal law;
qadhf; buhtan; ghibah; maqasid al-shari‘ah; cybercrime;
Shari‘ah governance; fiqh al-jinayat
Introduction
Social media platforms have transformed how we communicate,
influence, and build communities in the current digital world. The unparalleled
opportunities that they provide for spreading knowledge, engaging in society and
participating in global networks are unrivaled. But they have also become
platforms for dissemination of negative rumors, lies and provocation things
collectives termed in Islamic thought as fitnah. In traditional Islamic literature,
fitnah is used to mean "disobedience, insubordination, or rebellion against
Allah". Although its usages vary according to linguistic context from turmoil like
that which inspiration in the hearts of men or a rockfall causes, to personal
distress fitnah in its probative form is commensurate with defamation, baseless
allegation, and the resultant corrosion of trust within a community.1
The digital era has dramatically changed the character and effect of
fitnah. Whereas in past decades false and defamatory information had more
limited reach, today’s online communications allow for nearly instant and farreaching distribution of harmful content. Tweets go viral, doctored videos spread,
slanderous posts get shared with millions in minutes, often without a shred of
1 Talib Hussain and Dake Wang, "Social Media and the Spiritual Journey: The Place of
Digital Technology in Enriching the Experience," Religions 15, no. 5 (2024).

540 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

verification, much less accountability. When the acts are committed under the
pretext of freedom of speech or digital freedom, this constitutes a challenge to
social calm in Muslim societies that are governed with or without proper legalethical founding norms by the so-called Islamic jurisprudence and laws.2
With the proliferation of legal and technological tools to address digital
misbehaviors worldwide, there is still a great void in incorporating traditional
Islamic legal views into regulatory discourses in the digital age. Islamic law on
criminal offences (fiqh al-jinayat) has specific rules for crimes of speech like false
accusation (qadhf), lying or calumny (buhtan), and slandering (ghibah). These are
not just moral human life type issues these are punishable and even some cases
correctable offenses. The treatment of what found its place in Shari’ah proves
that Islam values respect of honour (‘ird), reputation, and public peace (sulh).
Slander and gossip are explicitly condemned in the Qur'an: warns of grave
punishment in this world and the hereafter for those who slander people, specially
to defame woman (as a Surah An-Nur: 4, 19).3
Islamic law is based on maslahah (public good) and maqasid al-shari'ah
(ultimate objectives of Islamic law), which include the protection of the faith, life,
mind, offspring, and wealth. Preservation of dignity and social order is not
included in the five maqasid as a primary need, but it is a secondary requirement
inside them, especially in preserving the mind and honour. Any regulation which
did not help to dampen the abuse of speech makes this most basic, foundational
goal of polity insecure.4
The article aims to investigate the regulation of social media misuse via
the instrumental case study of Islamic Criminal Law. It suggests a model that
blends classical jurisprudential norms with modern digital lifeworlds, providing a
faith-based but context-aware mechanism for taming fitnah. While cutting-edge
nations do indeed have penal codes condemning defamation, cyberbullying and
incitement, they lack something of the moral-spiritual moorings that Islamic law
offers in this regard. In the Shari‘ah, by contrast, speech that is injurious and

2 M. Dzulfikriddin, " Pengancaman Di Media Elektronik Dalam Hukum Pidana Islam
Termasuk Jarimah Ta’zir," Journal of Sharia and Legal Science 2, no. 2 (2024).
3 Jastin Nurul Inayah and Taufiq Nugroho, "Criminal Implementation of Cyberbullying
Based on Electronic Information and Transaction Law and Islamic Law," JURNAL USM LAW
REVIEW 7, no. 1 (2024).
4 Necmeddin Güney, "Maqāsid Al-Sharī‘a in Islamic Finance: A Critical Analysis of
Modern Discourses," Religions 15, no. 1 (2024).

Omar Saad Ahmed: Fitnah in the Digital Age ….| 541

damaging is criminalized, but repentance (tawbah), reconciliation (islah), and
community-based alternatives are also promoted.5
The article also relies on classical Islamic jurisprudential maxims (qawa‘id
fiqhiyyah), including those of sadd al-dhara’i (blocking the means to harm) and
dar’ al-hudud bi al-shubuhat (suspending punishments in case of doubt) in order
to maintain a balance between the needs for deterrence and the need for
discretion in meting out penalties. These aphorisms testify to a legal system that
is at once flexible, versatile one that can be harnessed to meet new social
exigencies, such as those brought on by technological innovation.6
The emergence of digital fitnah calls for resuming the debate on
governance, responsibility and justice in cyberspace. Islamic doctrine stresses on
amanah (trust), ‘adl (justice), and mas’uliyyah ijtima‘iyyah (social accountability),
which are highly related to users’ behaviors in social networks But, the real truth
hasn't been proven. An overarching god-regulation strategy guided by these
principles can not only prevent deviant behavior, but also foster a digitally literate
and ethically mindful user population.7 The article adds to the burgeoning
literature on Islamic legal theory in the digital age, and it fills an important lacuna
in modern media-public regulation. Instead, it contends that Islamic criminal
values not only have relevance and applicability, but also remain a fount of
wisdom and normative guidance when grappling with the nuances involved in
modern day communication. These principles would become part of national laws
or local regulations that seek to counter cybercrimes, allowing Muslim societies
to protect themselves against the tides of extremism and immorality sweeping the
digital world. Applying doctrinal analysis, comparative learning and theory
application, the article also offers practical guidance to scholars, jurists, and
policymakers in regulating misuse of social media under Islam. At a time when
the distinction between public and private speech becomes more and more
ambiguous, grounding regulation in the Islamic criminal jurisprudence provides a
moral field of justification and cultural significance.

5 Tarmizi Tarmizi et al., "How Islamic Law Is Constructed to Address Conflict
Vulnerability on Social Media," 2024 7, no. 1 (2024).
6 S. Syamsuar, Chapakia, A., Hamsa, A., & Amelia, A., "Integration of Maqashid Syaria in
Nurcholish Madjid’s Thingking About Principles for Effective Good Governance. ," Al-Istinbath:
Jurnal Hukum Islam 9, no. 1 (2024).
7 M. Chowdhury, "Usage of Social Media: Islamic Perspective," International Journal For
Multidisciplinary Research 6, no. 3 (2024).

542 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

Figure 1. Conceptual Flow of Digital Fitnah and Islamic Legal Response
Framework
The article aims to explore the problem of fitnah or slander, false
accusations, provocation, and the spread of dangerous information in digital
communications, so much so as an issue of Islamic criminal law. In the age of
globalization of social media, the potential for people to create public disorder,
attacking the dignity of individuals and spreading concocted lies has reached new
heights. The improper use of these virtual tools is a menace to not just social but
also legal and ethical norms, with particularly dire repercussions as far as Muslim
societies are concerned, the values and mores of which are heavily influenced by
Shari‘ah constants.
The ultimate goal aims to develop an Islamic jurisprudence framework
for addressing the crime of the spread of of mockery in social media. The article
aims to examine the possible application of general Islamic jurisprudence
principles on the Islamic crime of qadhf, ghibah, and buhtan to the new frontier
of digital crimes. It also seeks to recommend a hybrid regulatory framework that
would blend traditional Islamic jurisprudential principles with modern models of
governance in digital environments.
Additionally, this article also seeks to contribute to academic and policy
debate by explaining why Islamic maxims and maqasid al-shara‘ah (objectives of
Shari‘ah) deserve serious consideration when developing successful and
legitimate digital regulations. In so doing, the research underscores that

Omar Saad Ahmed: Fitnah in the Digital Age ….| 543

combating digital fitnah is not just a technical and legal issue it is also moral and
communal. What we seek are actionable insights that will guide policymaking,
religious mobilization, and academic research in addressing the questions of how
justice, accountability and moral rectitude can be established in the realm of digital
interactions. The article contributes to an ongoing conversation on how Islamic
legal tradition can address digital age imperatives in a manner consistent with the
spirit of Shari’a by highlighting digitized Islamic law as a form of legalistic
technology that supports capability in the Islamic legal tradition to address
contemporary challenges in nuanced and principled ways.
The emergence of digital media technologies has redefined the way
information is generated, disseminated, and used. These platforms, while
enabling the ability to connect with one another or have conversations, has only
increased the vulnerability to fitnah: propaganda intended, maliciously or
negligently, to deceive, confuse and insight into social discord and defamation. In
Muslim-dominated regions, these behaviors not only compromise social
harmony but also violate the basic principles of Islamic jurisprudence that stand
for the protection of respect, trust and community peace. Although there are
increasing calls for it, there is an enormous regulatory deficit in terms of
reconciling contemporary social media regulation with the Islamic juridical
traditions.
The central question addressed by this article is the lack of an organized,
jurisprudentially sound and principled schema to categorize and govern the digital
fitnah under Islamic criminal law. The current legislation, is adequate to grapple
with what we know as cybercrime but it does not cover the ethical and spiritual
aspects associated with the Islamic societies. Most present-day digital regulatory
practices discount the particular cultural, religious, and legal underpinnings
through which public morality is constructed in Muslim societies. Consequently,
legal remedies continue to be severed from the inflexible Islamic moral code that
has regulated individual and collective.
Further, classical Islamic classifications of criminal offences, such as
qadhf (false accusation), ghibah (backbiting), and buhtan (malicious falsehood)
have not yet been systematized for contemporary digital contexts. This poses a
challenge in understanding what criminal speech online is and how Islamic law
should be used, if at all, to curb it. The absence of contextual Islamic
interpretation hinders progress in forming appropriate jurisprudential tools which
can be employed against the crimes committed in the cyber space. Consequently,

544 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

the article emphasizes the urgency of reconciling classical Islamic legal doctrines
with the emerging digital age to protect the dignity of individuals, maintain social
harmony, and achieve justice in Islamic legal and cultural contexts. This gap is
problematic because legitimate, effective, and socially responsive legal responses
to digital wrongdoing depend on addressing this gap.
Using a doctrinal legal approach and an empirical digital analysis, this
study seeks to ponder on the possibility of Islamic criminal law controlling the
dissemination of fitnah (false accusations, slander, gossip, and provocation)
through social media. The methodological architecture consists of five integrated
strata: (1) digital behavioral taxation, (2) statistical mapping of patterns,8 (3) legaltextual analysis, (4) analytic indices, and (5) juristic analysis and scholarly
consultation.9 The ultimate goal is development of an Islamic digital governance
model anchored in maqāṣid al-sharī‘ah themes: the protection of honor (‘ird),
mind (‘aql), and harmony between people (sulh).10
The initial stage involved a comprehensive exegesis of Qur’anic
injunctions (like, Al-Nur: 4, 19), Hadith literature, and classical fiqh manuals, with
a focus on speech-related jarā’im (crimes), including:
1.
2.
3.
4.

Qadhf (false accusation of zina),
Buhtān (malicious slander),
Ghibah (backbiting), 11 and
Namīmah (tale-bearing). 12

These were also compared with contemporaneous juristic interpretations
and regulatory consequences in view with their links with, recent Islamic
jurisprudential literature about cyber misbehavior.13 The study also used classical

8 Abdulsatar Shaker Salman, “Mass Surveillance and the Maqasid Al-Shari‘ah: Balancing
Security and Human Rights in Contemporary Islamic Discourse,” International Journal of Syariah and
Law 1, no. 1 (2025): 59–72.
9 Mawloud Mohadi and Yasser Tarshany, "Maqasid Al-Shari’ah and the Ethics of Artificial
Intelligence: Contemporary Challenges," Journal of Contemporary Maqasid Studies 2, no. 2 (2023).
10 Eva Kepplinger, "“The Maqāṣid Are the Qibla of the Jurists”: A Critical Analysis of
Contemporary References to and Usages of Abū Ḥāmid Al-Ghazālī’s Dictum," Religions 15, no.
2 (2024).
11 Mukhtor Akramov, "Ta’dhir in Islamic Law : Types of Crimes and Punishments," Jurnal
ISO: Jurnal Ilmu Sosial, Politik dan Humaniora 4, no. 2 (2024).
12 Salsabilla Shofi, Wati Arum Fadilah, and Muti’ah Muti’ah, "Kejahatan Pencucian Uang
Dalam Perspektif Fiqh Jinayah," Al-Ittihad: Jurnal Pemikiran dan Hukum Islam 9, no. 1 (2023).
13 Edi Rosman, "The Urgency of Digitizing Islamic Law in the Disturbance 4.0 Era (
Normative Studies on Cybercrime)," GIC Proceeding 1, no. 1 (2023).

Omar Saad Ahmed: Fitnah in the Digital Age ….| 545

Islamic jurisprudential maxims (qawāʿid fiqhiyyah) to make analogical extensions
to digital situations: 14
1. Dar’ al-ḥudūd bi al-shubuhāt (suspending punishment in cases of doubt),
2. Sadd al-dharā’iʿ (blocking the means to harm),15
3. Lā ḍarar wa lā ḍirār (no harm nor reciprocating harm). 16
These principles were applied to viral digital content including
defamatory tweets, slanderous TikTok clips and image- based gossip on
Instagram to rationalize their prosecution under Islamic criminal liability.17
A typology that includes four main criteria was developed to classify
online behavior under corresponding Islamic legal terms: 18
Classification Criterion
Content Type
Dissemination Intent
Engagement Reach
Legal Alignment

Operational Description
Text, image, video, or combined media
Assessing malice and intent to provoke,
defame, or distort
Measured by views, shares, likes, and
comments
Mapping with Islamic categories (qadhf,
ghibah, buhtān, namīmah)

This typology was tried on a handpicked sample of 100 confirmed cases
of digital fitnah (2022–2024) from Muslim-majority countries, namely, Indonesia,
Egypt, Pakistan, Turkey, and Nigeria. Sources comprised national cybercrime
reports, digital surveillance NGOs and Shari‘ah-based legal establishments.19

14 N. Wildanu, , Y., & Irawan, D., "Sanksi Bagi Pelaku Ojek Online Yang Melakukan Order

Fiktif Menggunakan Aplikasi “Fiktif”," Journal of Sharia and Legal Science 1, no. 2 (2023).
15 N. H. Qasim, Mohammed, S. S., Ftayh, R.F., Zuhair, M., Kabrch, J.K., "Examining
Legislation and Enforcement Mechanisms to Combat International Human Trafficking from an
Islamic Criminal Law Perspective," Al-Istinbath: Jurnal Hukum Islam 10, no. 1 (2025).
16 F. Fakhruddin, Hasan, S., Firdaus, D., & Hidayat, H. , "From Fiqh Al-Ibadat to
Muamalat: Repositioning Zakat Management in Indonesia in the Perspective of Maqāṣid AlSharī’ah," Samarah: Jurnal Hukum Keluarga dan Hukum Islam 8, no. 1 (2024).
17 William González-Baquero, Javier J. Amores, and Carlos Arcila-Calderón, "The
Conversation around Islam on Twitter: Topic Modeling and Sentiment Analysis of Tweets About
the Muslim Community in Spain since 2015," Religions 14, no. 6 (2023).
18 T. I. Putra, Islam, A. J., & Rahman, A. M. A., "Integrating Islamic Laws into Indonesian
Data Protection Laws: An Analysis of Regulatory Landscape and Ethical Considerations,"
Contemporary Issues on Interfaith Law and Society 3, no. 1 (2024).
19 Rabullah Putra and Syaddan Dintara Lubis, "Law Enforcement for Fraud Offenders on
Behalf of Banks through Online According to Islamic Criminal Law," Journal of Law, Politic and
Humanities 4, no. 3 (2024).

546 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

The behavioral data was structured into five primary offense types
Defamation, False Accusation, Religious Incitement, Digital Harassment, and
Public Shaming.20 Each case was statistically annotated with the platform used,
user interaction metrics, and societal impact indicators.
Violation Incidence Rate (VIR):
𝑉𝐼𝑅 = 𝑇

𝑁𝑐𝑎𝑠𝑒𝑠
𝑚𝑜𝑛𝑖𝑡𝑜𝑟𝑒𝑑

× 100

Where 𝑁𝑐𝑎𝑠𝑒𝑠 is number of offenses recorded per platform, 𝑇𝑚𝑜𝑛𝑖𝑡𝑜𝑟𝑒𝑑 is
total number of monitoring hours (aggregated across platforms).21 This enabled
proportional comparisons across platforms and categories to establish prevalence,
as a Facebook and Twitter accounted for over 60% of cases by volume.22 To
convert raw case data into actionable indicators, three complex indices were
formulated.
Fitnah Severity Index (FSI)
Captures the intensity of harm combining digital spread, audience size,
and content malice:
𝐹𝑆𝐼 =

𝑅×𝑀
1,000

Where 𝑅 is digital reach (views, shares), 𝑀 is malice score (1–10 scale
rated by two fiqh experts independently). This aligns with frameworks proposed
for classifying digital aggression severity and reputational harm in Islamic ethical
contexts.23
Shari‘ah Compliance Deviation (SCD):
Quantifies the jurisprudential gap between actual state judicial outcomes
and ideal Islamic rulings:

Ewa Makowska-Tłomak et al., "Measuring Digital Transformation Stress at the
Workplace–Development and Validation of the Digital Transformation Stress Scale," PLOS ONE
18, no. 10 (2023).
21 Kiran Vinod Bhatia and Payal Arora, "Discursive Toolkits of Anti-Muslim
Disinformation on Twitter," The International Journal of Press/Politics 29, no. 1 (2022).
22 Julie Lowe, "Breaking the Silence: An Islamic Legal Approach to Facilitating Reporting
and Testimony by Muslim Victims and Witnesses of Sexual Crimes," Religions 13, no. 11 (2022).
23 Danial Danial, "Criminalization in Islamic Penal Code: A Study of Principles,
Criminalization Methods, and Declining Variations," Jurnal Ilmiah Peuradeun, no. 3 (2023).
20

Omar Saad Ahmed: Fitnah in the Digital Age ….| 547

𝑆𝐶𝐷 =∣ 𝑃𝐼𝑠𝑙𝑎𝑚𝑖𝑐 − 𝑃𝐴𝑐𝑡𝑢𝑎𝑙 ∣
Where 𝑃𝐼𝑠𝑙𝑎𝑚𝑖𝑐 is ideal punishment type/level per fiqh al-jināyāt, 𝑃𝐴𝑐𝑡𝑢𝑎𝑙 is
realized judicial ruling (fine, content removal, etc.) A higher SCD indicates lower
Shari‘ah conformity, suggesting a need for jurisprudential recalibration.24
Legal Responsiveness Index (LRI)
Represents the enforcement capacity per violation type:
𝐿𝑅𝐼 =

𝐶𝑝𝑟𝑜𝑠𝑒𝑐𝑢𝑡𝑒𝑑
𝐶𝑡𝑜𝑡𝑎𝑙

Where 𝐶𝑝𝑟𝑜𝑠𝑒𝑐𝑢𝑡𝑒𝑑 is number of legally pursued cases; 𝐶𝑡𝑜𝑡𝑎𝑙 is total
reported offenses in that category. This model distinguishes active vs. passive
digital governance trends in Shari‘ah-informed legal systems.25
Fitnah Harm Potential (FHP)
A compound metric integrating virality and public sensitivity:
𝐹𝐻𝑃 =

(𝐹𝑆𝐼 + 𝐶𝐷𝐶) × 𝑊𝑠
2

Where 𝐹𝑆𝐼 is Fitnah Severity Index; 𝐶𝐷𝐶 is Community Distress
Coefficient (public sentiment reactivity); 𝑊𝑠 is weighted sensitivity factor (derived
from victim surveys). FHP helps policymakers prioritize legal intervention in
high-impact violation types.
Juristic Validation and Maqāṣid-based Calibration
Validation was conducted via structured consultations with three leading
fuqahā’ al-jināyāt (Islamic criminal law experts). These scholars reviewed selected
classifications, metrics, and Shari‘ah deviation scores to confirm analogical
legitimacy and regulatory alignment. Adjustments were made to ensure
compliance with:
1. ‘Adl (justice),
2. Maslahah (public interest),

24 Yossra Boudawara et al., "Shari'ah Governance Quality and Environmental, Social and

Governance Performance in Islamic Banks. A Cross-Country Evidence," Journal of Applied
Accounting Research 24, no. 5 (2023).
25 Jessica Satchell et al., "Psychological Distress and Interventions for Older Victims of
Crime: A Systematic Review," Trauma, Violence, & Abuse 24, no. 5 (2022).

548 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

3. Ḥifẓ al- ‘Ird (preservation of dignity), and
4. Sadd al-Dharā’iʿ (prevention of harm).
Each methodological tool was refined according to juristic feedback and
realigned with maqāṣid-centric jurisprudence as articulated in the works of
contemporary scholars such as Güney and Tarmizi.
Discussion
Distribution and Legal Response Metrics
The distribution of digital fitnah offenses reflects the evolving dynamics
of online misconduct in Muslim-majority societies. This section categorizes 155
verified cases into five key violation types Defamation, False Accusation,
Religious Incitement, Digital Harassment, and Public Shaming while measuring
their digital reach, user reporting volume, and prosecution rates. These statistics
serve to quantify the social prevalence and legal focus of each offence. Analyzing
this distribution, we can identify legal blind spots and overloaded areas. The
incidents enumerated have covered a spectrum of platforms and levels of virality
and community angst. This analysis lays the foundation for understanding which
episodes of misconduct are most frequent, which are of greatest user concern and
which are most likely to receive intervention in the form of legal action, revealing
areas for potential shortfall in Sharīʿah-appropriate enforcement.

Figure 2. Distribution of Average Digital Reach by Violation Type

Omar Saad Ahmed: Fitnah in the Digital Age ….| 549

Figure 3. Enforcement and Reporting Patterns Across Digital Violation Types
From the results in Figures 2 and 3, we can observe that Defamation is
the most exposed digital offence (40 measurements) having also the largest digital
average reach (23,400). Even though it was widespread and users were worried
about it 72% of reports came within 24 hours it led to just 45% of cases being
prosecuted, showing the holes in reactive enforcement. Indictment, less common
only but with 81% reported within a day of the publication, received the highest
user engagement and a 52% prosecution rate. Conversely, False Accusation,
slightly less frequent but receiving 81% of its reports within the day of publication,
is the other end of the continuum.
Religious Incitement was worrisome on the other hand: moderately viral
(17,800 views) but only 40% prosecution despite high public risk. Digital
Harassment and Public Shaming were of moderate prevalence, with enforcement
rates and reach slightly lower. Most infractions, it is interesting to note, involved
the removal of content as the first step, suggesting a preference for
administrative rather than judicial measures. This discrepancy points toward a
mismatch in public fervor and prosecutorial action on honor and dignity offenses.
Legal Responsiveness Index by Category
The legal sensitivity measures the effectiveness of institutional reaction
with respect to the volume of crimes. We have reported a relative performance
assessment in legal follow-up, through assuring which, the strength of legal results
has been computed in various violations which created an instrument in form of
the rate of correct legal performance. This measure also reflects which categories

550 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

of digital immorality are prosecuted in practice by correlating real prosecutions
with the number of cases per category under Shari‘ah-based contexts.
Preventative justice or (pro-action) in Islamic legal theory is important therefore
the category of responsive score is a major tool to measure the extent of applying
the rulings of qadhf, ghibah, and the like in digital spaces. The objective is to
provide insights regarding the specific areas of strong enforcement capacity or
gaps shown by Shari‘ah-compliant institutions.

Figure 4. Efficiency of Legal Enforcement by Category of Fitnah Offense in
Islamic Legal Practice
There is evidence from the Figure 4 data that False Accusation receives
the most legal seriousness in that it has the highest LRI (0.063) and shortest
average time to verdict (29 days). This is a confirmation of the offense's similitude
to qadhf, one of the hudud crimes in Islam. Finally, defamation exhibited
moderate legal responsiveness (0.045) with a longer time to verdict and greater
proportion of cases dismissed primarily due to the difficulty of proving the
elements of a defamation claim. Religious Incitement stood out to have the lowest
LRI (0.039) and a high rejection, in spite of being socially harmful (due perhaps
to interpretational difficulty). Digital Harassment and Public Shaming received
similar public proclivity, low prosecution rates, and lengthy time period for a case
to be heard. The differences suggest that in such Shari‘ah-based systems, a
hierarchy of priority emerges, placing more clear-text and more consensual
offences as more severely criminalized than the ones that are less clear or less
consensual, or are still emerging.

Omar Saad Ahmed: Fitnah in the Digital Age ….| 551

Fitnah Harm Potential Assessment
To account for the spectrum of possible digital offenses, we present the
Fitnah Harm Potential (FHP) that combines virality, malice, and social disruption
into a comprehensive severity metric. Unlike crime-oriented indicators, the FHP
also directs attention to potential reputational and community damage without
reliance on punitive levers of the law. This is especially true for Islamic law where
the dignity and preservation of social cohesion holds great importance. FHP
numbers also assist in determining the offenses that pose the greatest threat to
comity and honor, so that policymakers may take timely preventive measures to
introduce Shari'i-based reforms in the educational system.
Table 1. Severity of Social Disruption Measured by Fitnah Harm Potential in
Digital Offenses
Violation
Type
Defamation
False
Accusation
Religious
Incitement
Digital
Harassment
Public
Shaming

23,400

Mean
Malice
Score
(1–10)
8.5

19,200

8.0

130

104.1

Qadhf

17,800

7.6

110

93.4

Namimah

12,600

7.1

85

74.2

Buhtan

15,900

7.4

90

82.5

Buhtan/Ghibah

Avg.
Reach
(views)

Community
Reports

FHP
Score

Related
Islamic
Category

150

129.7

Ghibah

Table 1 shows that Defamation becomes the most harmful offense to
society, with an FHP of 129.7. It involves a high malice intent and a wide digital
reach, closely mapping to ghibah, which bears emphatic moral weight in the
Islamic scriptures. False Accusation (less viral) ranks high on the gravity scale
under qadhf and the vigor of the user response. With less scope but even more
venomous, Religious Incitement highlights the necessity of preventative
jurisprudence in line with sad al-dhara’i. Digital Harassment and Public Shaming,
while scoring only moderate for reach and few for malice, have high FHP scores,
revealing hidden consequences. These results suggest adjustment in
prioritization may be in order for judicial systems to confront high-impact, albeit
under-legislated, behavior in pursuit of maqasid al-shari‘ah.

552 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

Community Distress and Public Sensitivity Analysis
The Community Distress Coefficient (CDC) depicts the community
reaction towards digital fitnah. 31 Unlike governance or institution, CDC is a
mirror of the psychological and ethical consciousness of the population,
particularly in societies where honor (‘ird), trust (amanah), and social harmony
have deep meanings. Score was determined by user reporting velocity, sentiment
of comments, and local feedback trends in five Muslim-dominant countries. Large
CDC values signify offenses that prompt feelings of deep moral outrage or
collective discomfort. This measure can reveal which offences are subject to the
severest public condemnation, and it correlates closely with key Islamic moral
concerns, even when the formal enforcement of the law is weak.
Table 2. Community-Level Moral Sensitivity to Digital Fitnah Violations in
Muslim Contexts
Violation
Type
Defamation
False
Accusation
Religious
Incitement
Digital
Harassment
Public
Shaming

User
Avg.
%
Report
Comment Negative Respon
s/Post
Comments se Time
(hrs)

CDC
Score

Top Affected
Demographic

110

63%

4.8

6.41

Professionals/P
ublic Figures

135

68%

3.1

6.77

Women/Youth

95

60%

5.5

6.18

103

66%

3.5

6.74

88

58%

6.0

5.66

Religious
Minorities
Women/Activis
ts
Adolescents/Stu
dents

The False Accusation category provokes the strongest communal reaction
(CDC = 6.77), particularly among women and youth—indicating a high moral
sensitivity to honor-based violations. This confirms Islamic prioritization of
protecting dignity and discouraging baseless accusations. Digital Harassment
follows closely, with a CDC of 6.74, suggesting increasing public awareness of
moral violations not yet fully addressed in traditional fiqh. Defamation ranks
third, with widespread commentary and fast reporting but slightly lower outrage
levels. Religious Incitement, although conceptually severe, has a moderate CDC
score due to lower immediate personal identification. Public Shaming, while
emotionally harmful, elicits the least public urgency (CDC = 5.66), likely due to

Omar Saad Ahmed: Fitnah in the Digital Age ….| 553

its normalization in online discourse. These patterns reveal that communal
reactions align more closely with Islamic ethics than some legal enforcement
mechanisms, emphasizing the need for socially driven jurisprudential adaptations.
Shari‘ah Compliance Deviation in Legal Outcomes
The Shari‘ah Compliance Deviation (SCD) score is a key measure of how
closely actual judicial decisions align with Islamic criminal law expectations. This
score reflects gaps between ideal jurisprudential rulings—based on classical fiqh
and maxims—and real-world outcomes from digital fitnah cases. A high SCD
score indicates legal leniency, delay, or inconsistency in applying traditional rulings
like hudud or ta’zir. Analyzing this deviation provides essential feedback for policy
alignment, judicial reform, and the incorporation of Islamic principles into
modern cybercrime law enforcement.
Table 3. Legal Outcomes for Common Digital Violations
Violation Type
Common Legal Outcome
Defamation
Content removal/fine
False Accusation
Prosecution with custodial
Religious Incitement
Content flagged only
Digital Harassment
Warning or fine
Public Shaming
Apology/mediation

Figure 5. Islamic vs. Judicial Responses to Digital Misconduct

554 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

The False Accusation theme elicits the greatest sense of community
outrage (CDC = 6.77) especially among among women and young people -indicating a higher moral sensitivity to honour-related infringements. This
reaffirms Islamic focus on the safeguarding the dignity and disapproving false
claims. Digital Harassment is coming up from behind with the CDC of 6.74,
showing that moral violations that are not covered by traditional fiqh are gaining
more exposure among the public. Defamation comes in third, with widespread
commentary, speeding reporting and a little lower on outrage levels. Religious
Incitement, while severe in the abstract, has a low CDC score compared to some
of the other motivational factors because this is less immediately about personal
identification. Public Shaming, the most emotionally harmful, however raises little
public concern (CDC = 5.66). This is probably because it is very much a part of
the landscape of online conversation. These trends demonstrate that community
responses are nearer to the Islamic morals than certain types of legislative
enforcement, there by the argument of the necessity of ethically based legal
considerations.
Much academic discussion of the relationship between the digital media
in general, and digital communications in the context of Islamic law has
concentrated more on etiquette and moral guidance than it has on substantive
juristic categories. Although scholars have observed the surge of harmful content
on cyber space such as cyberbullying, defamation and false accusations, they have
not given a detailed attention on how Islamic criminal law in particular addresses
them. Digital fitnah is sometimes situated in the context of social or religious
responsibility, but rarely within the framework of fiqh al-jinayat or legal codes
based on classical sources.26
Studies have also shown how users, especially in Muslim communities,
are vulnerable to misinformation, character assassination and digitally mediated
conflicts. These are acts that resemble those discouraged in the tradition of
Islam, ghibah, buhtan, and namimah. Yet the transformation of such abuses into
punishable legal entities within cyberspace is at an embryonic age. The increasing
acknowledgement that digital crimes should not be addressed only in the language
of secular or international laws but also through religiously rooted legal traditions

26 Putra and Dintara Lubis, "Law Enforcement for Fraud Offenders on Behalf of Banks
through Online According to Islamic Criminal Law."

Omar Saad Ahmed: Fitnah in the Digital Age ….| 555

which provide higher moral legitimacy for Muslim communities is being
recognized.27
Moreover, Islamic legal scholarship has already started to rethink classical
doctrines to deal with modern phenomena such as e-slander, violations of online
privacy and the misuse of channels of communication. Academics have stressed
the critical role of the maqasid al-shari‘ah those higher objectives of ratifiable law
in directing the reinterpretation of the legal responses to the new challenges.
These values include the preservation of honor, the upholding of justice, and
preventing harm all of which are endangered by unrestrained digital fitnah.28
Moreover, legal maxims such as sad al-dhara’i and dar’ al-hudud bi alshubuhat supply the necessary tools of anticipatory regulation and discretionary
discretion in cases of online misbehaviour. These maxims demonstrate how the
Islamic legal system is flexible in accommodating new types of conduct without
sacrificing justice and public good. Nevertheless, practical uses and policy
implications are underdeveloped, which has been referred to as a research-policy
gap between conceptual analysis and usable legal design.29
The literature also indicates a growing recognition among jurists and
policy makers of the need for Islamic-based digital regulations that respect
freedom of expression while protecting individual rights and social values. Unlike
secular legal systems that prioritize punitive judgments, Islam makes room for
contrition, reformation, and compensation qualities that appear to be particularly
critical in the communal dimension of online engagement. Therefore, there
remains a need for a comprehensive, and actionable, Islamic legal response to
digital fitnah an area for further research and institutional growth.
The implications of this study highlight the feasibility and urgency for
integrating Islamic criminal law tenets in the digital governance of social media
spaces in Muslim societies. Digital fitnah whether in the form of slander, false
allegations, public disgrace, or religious conflict not only poses the technical and
social challenges of today, but poses legal ones as well. The findings show that
legal systems are responding to digital crimes although the reactions remain

27 Rosman, "The Urgency of Digitizing Islamic Law in the Disturbance 4.0 Era (
Normative Studies on Cybercrime)."
28Mohadi and Tarshany, "Maqasid Al-Shari’ah and the Ethics of Artificial Intelligence:
Contemporary Challenges."
29 Dahlan, "Al-Buti's Thoughts on Maslāhah and Its Application in the Fatwa of World
Fatwa Institutions."

556 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

disorganised and are yet to be rooted in a profound moral and legal rationale
provided in the Islamic tenets.30
The article contributes to the literature by providing an extensive
framework in order to assess digital offences within the Islamic legal categories
of qadhf, ghibah, buhtan and namimah. Unlike many earlier analyses which
tended to emphasize the ethical dimensions or general public behavior, this study
focuses on the direct applicability of fiqh al-jinayat to contemporary digital cases.
Previous works often framed social media misconduct as a moral failure without
exploring its legal parallels in Shari‘ah. By contrast, this article asserts that such
misconduct must be treated as a legally accountable action under Islamic law,
particularly when it endangers communal harmony, individual dignity, or public
morality.31
The introduction of quantifiable indices such as the Legal Responsiveness
Index, Fitnah Harm Potential, and Community Distress Coefficient also marks a
shift from abstract theorizing to measurable legal analysis. These indices not only
provide a statistical foundation for evaluating the severity and social impact of
digital misconduct, but they also create a bridge between classical jurisprudence
and modern data-driven policy formation. Earlier efforts lacked these
integrations, limiting their practical utility in legal or policymaking environments.32
Importantly, the findings illustrate that although defamation was the most
widespread and harmful in terms of reach and public reaction, it often received
less legal follow-up compared to false accusations. This disparity highlights a
misalignment between contemporary judicial prioritization and the actual social
consequences of the offense. It reflects the tendency in some legal systems to
address only those actions which are explicitly codified in statutory texts, often
neglecting those that, while socially damaging, lack formal equivalence in written
law. The Islamic legal system, through its emphasis on maqasid al-shari‘ah33 and

30 Danial, "Criminalization in Islamic Penal Code: A Study of Principles, Criminalization

Methods, and Declining Variations."
31 Shofi, Arum Fadilah, and Muti’ah, "Kejahatan Pencucian Uang Dalam Perspektif Fiqh
Jinayah."
32 Makowska-Tłomak et al., "Measuring Digital Transformation Stress at the Workplace–
Development and Validation of the Digital Transformation Stress Scale."
33 Mahmood Jawad Abu-AlShaeer, “From Qiyas to Quantification: Reimagining
Evidentiary Standards in Islamic Law through Statistical Methodologies,” International Journal of
Syariah and Law 1, no. 1 (2025): 27–40.

Omar Saad Ahmed: Fitnah in the Digital Age ….| 557

juristic analogical reasoning (qiyas), offers a more holistic perspective that
accommodates these emerging realities.34
Another significant insight is the community’s reaction to different
offenses. False accusation and digital harassment recorded the highest
Community Distress Coefficients, indicating a heightened sensitivity to personal
dignity and honor-related violations. These results align with the Islamic legal
view that protecting ‘ird (honor) is paramount. By comparison, religious
incitement, while less reported, poses an existential threat to social cohesion and
religious tolerance, both of which are cornerstones of Islamic society. This
discrepancy suggests the need for public education campaigns, rooted in Islamic
ethics, to enhance awareness about the long-term consequences of religiously
inflammatory content.35
The comparative legal effectiveness also revealed that prosecution and
content removal are often reactive, triggered by user complaints rather than
proactive monitoring. This reactive model reflects a broader institutional
hesitancy to engage with religious frameworks in digital policymaking, possibly
due to political sensitivities or technological limitations. Previous studies
recognized this hesitancy but did not propose structured religious-legal solutions
for overcoming it. This article argues that Islamic criminal law offers both
deterrent and rehabilitative measures that are more likely to resonate culturally
and morally within Muslim societies.36
Moreover, the study reinforces the Islamic legal preference for reform and
reconciliation over punitive action. Community-based solutions, such as public
apologies and mediated resolutions, are already practiced informally in many
communities but lack legal recognition. Integrating such mechanisms into formal
regulatory systems would enhance legal legitimacy and public trust. Earlier
literature largely overlooked this dimension, focusing more on punitive outcomes
than on restorative justice models embedded in Islamic jurisprudence.37

34 Kepplinger, "“The Maqāṣid Are the Qibla of the Jurists”: A Critical Analysis of
Contemporary References to and Usages of Abū Ḥāmid Al-Ghazālī’s Dictum".
35 Satchell et al., "Psychological Distress and Interventions for Older Victims of Crime: A
Systematic Review."
36 Wildanu, "Sanksi Bagi Pelaku Ojek Online Yang Melakukan Order Fiktif Menggunakan
Aplikasi “Fiktif”."
37 Lowe, "Breaking the Silence: An Islamic Legal Approach to Facilitating Reporting and
Testimony by Muslim Victims and Witnesses of Sexual Crimes".

558 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

The need for institutional reform emerges clearly. Regulatory bodies in
Muslim-majority countries must work to align digital governance policies with the
principles of Islamic law. This includes codifying new offences that correspond
to classical crimes, training court officials in Islamic digital jurisprudence, and
working to foster collaboration between religious scholars and legal technologists.
In the absence of such alignment, the enforcement gap will continue to grow
wider and the digital realm will be exposed to uncontrolled moral corrosion and
social disintegration.38
The article not only does this paper confirm the "time-relevance" of
Islamic criminal law in the digital era, but it also shows the adaptability and depth
of its analytical force. The article fills a vacuum in legal scholarship on the topic
of regulating digital fitnah in an Islamic setting, supplying useful data,
interpretative models and policy-related perspectives to a feasible vision of the
proposed regulation of digital fitnah.
Conclusion
This study concludes that the phenomenon of digital fitnah encompassing
defamation, false accusations, religious provocation, and online harassment is not
merely an ethical or communicative concern, but a serious legal issue requiring
regulation grounded in Islamic values. By examining various forms of social media
violations within the framework of fiqh al-jināyāt and maqāṣid al-sharī‘ah, the
research finds that classical crimes such as qadhf, ghibah, buhtān, and namīmah have
taken on new forms in the digital realm. However, existing positive legal systems
in many Muslim-majority countries have yet to fully integrate Islamic legal
responses to such offenses, revealing a disconnect between communal moral
sensitivity and formal legal enforcement.

38 Putra, "Integrating Islamic Laws into Indonesian Data Protection Laws: An Analysis of
Regulatory Landscape and Ethical Considerations."

Omar Saad Ahmed: Fitnah in the Digital Age ….| 559

The key findings indicate that violations such as false accusation (qadhf)
and digital harassment elicit the strongest public reactions, while religious
incitement and online shaming remain underregulated despite their high potential
for societal disruption. Quantitative metrics like the Fitnah Harm Potential (FHP)
and Shari‘ah Compliance Deviation (SCD) illustrate that current legal
mechanisms are largely reactive and administrative, rather than substantive and
reformative as prescribed by Islamic legal ethics. These insights affirm that Islamic
jurisprudence provides a normative and culturally resonant foundation for
constructing digital regulatory frameworks that are just, contextual, and socially
meaningful within Muslim societies.
In terms of recommendations, this study advocates for institutional
reform in digital governance policy by formally incorporating Islamic criminal
classifications such as ghibah and buhtān into national cybercrime legislation. This
includes judicial training in digital fiqh al-jināyāt, the development of Islamic ethicsbased digital literacy initiatives, and the deployment of AI-powered tools capable
of detecting and classifying digital fitnah in alignment with Islamic legal standards.
Future research should explore restorative justice mechanisms inspired by Islamic
principles, including community-driven reconciliation models grounded in ṣulḥ
(settlement), tawbah (repentance), and ‘adl (justice).
Moreover, comparative legal studies across Islamic madhāhib and other
legal traditions are essential to broaden and refine jurisprudential approaches to
digital harm. Effective implementation will also require sustained collaboration
between jurists, legal technologists, and policy-makers to create a coherent,
ethical, and enforceable model of Islamic digital governance. In doing so, Islamic
law can move beyond its perceived historical scope to offer normative, actionable,
and morally grounded responses to contemporary digital challenges, reaffirming
its enduring relevance and adaptability in the age of information.
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