"Digital Restriction and Its Impact on Reducing Contemporary Financial Crimes: A Jurisprudential and Legal Study"
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Abstract
Digital guardianship (al-ḥajr al-raqamī) is considered one of the contemporary concepts that has emerged in light of modern financial and technological transformations, as an extension of the juristic principles that aim to preserve wealth and prevent harm. This study examines the concept of guardianship in Islamic jurisprudence as a mechanism for restricting financial dispositions in order to protect and safeguard wealth. The research also explores the development of this concept in the modern era through its contemporary forms, such as restrictions on electronic accounts and the freezing of digital assets. Furthermore, it addresses the evolution of money from its traditional forms to digital currencies, presenting the major contemporary juristic views regarding their permissibility. In addition, the study analyzes the relationship between digital currencies and cybercrimes, particularly fraud and money laundering, highlighting the necessity of adopting preventive and regulatory measures to protect the financial system. The study concludes that digital and economic guardianship represent a contemporary extension of the classical rulings of guardianship in Islamic jurisprudence, aiming to achieve the objective of wealth preservation and to enhance financial security in both
digital and real environments
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