نحو تأصيل للمسؤولية المدنية عن ضرر (المعلومة) عبر الانترنيت - دراسة مقارنة في الفقه الإسلامي والقوانين الوضعية

Abstract

The piece of information that can be exchanged easily and quickly through the internet could cause a damage to someone's reputation, or to a particular society, or even to all human beings, especially when this information urges for terrorism or to break the laws. As the classic division of things is based on the distinction between the material things and moral things, this would lead to a number of disadvantages and may cause criticisms, because this division would exclude the moral things from the domain of civil responsibility. According to this division, the moral thing are not enlisted under any of the two material things: Finance and Properties (Holdings). Today, since the damage could be caused by both the material and moral things, and since the entities or moral things could cause a damage larger many times than that damage caused by the material things, for all these reasons, it becomes necessary to establish the responsibility in the civil law for the damage caused by information and similar logical entities, in cope with modern developments. This is what the research aims to achieve.