Fake News Crime: A Comparative Study Between Shari’ah and The Law

Abstract

This article examines the criminal distinction between shari'ah and the law in the spread of fake news. There have been numerous instances of fake news spreading recently, particularly on the internet. The power of the viral in social media is growing over time. The rise in these cases has sparked public concern about the security of personal data and personal reputations, as fake news spreads quickly and unnoticed. This study's goal in this regard was to discuss the crime of spreading fake news in the context of Shari'ah Islamiyyah. The second goal is to identify the role of SKMM, Malaysian legal procedures, and related issues. Furthermore, this study compares Shari'ah to relevant laws in Malaysia and abroad, and proposes solutions deemed appropriate to protect the interests and rights of all parties involved. This is a qualitative study using content analysis methods, and the materials used are primarily drawn from a library of primary and secondary data. The main data is gathered from the book Shari'ah to explain how the shari’ah principle was applied. The Act, the Penal Code, and related legal cases are all detailed in the statute. Secondary data comes from published sources such as textbooks, journal articles, online databases, and the Internet. The study employs a combined method of data analysis, which is a descriptive, critical, and comparative approach, for analysis. The statements of the judges in each case are carefully checked; gaps are highlighted and rational justification is provided. The findings show that the crime of spreading fake news during the heyday of Islam was more in line with the philosophical and moral meaning than the current day, which is more punitive, particularly in terms of penalties and long-term consequences. Furthermore, a review of Malaysia's legal framework on this subject reveal that appropriate safeguards must be strengthened to ensure that victims of the spread of fake news receive justice. The phenomenon that occurs between these two epochs reveals a significant separatist gap as the Islamic mold is lost as a guide to life in the surf of community life.