A review of Islamic criminal law on criminal acts in the banking sector (Analysis of sanctions for the criminal act of carding)

Muhammad Harris Danial (), Irwansyah Irwansyah () and Riadus Sholihin ()
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Muhammad Harris Danial: Universitas Islam Negeri Ar-Raniry Banda Aceh
Irwansyah Irwansyah: Universitas Islam Negeri Ar-Raniry
Riadus Sholihin: Universitas Islam Negeri Ar-Raniry

Priviet Social Sciences Journal, 2026, vol. 6, issue 9, 111-121

Abstract: This study examines the crime of carding from the perspective of Islamic criminal law in response to the rise of cybercrime in modern digital transactions. The problem addressed is how Islamic law classifies carding within the structure of fiqh jināyah and how the regulation of this act can be constructed through Islamic legal principles. The research questions focus on: (1) how carding is viewed in Islamic criminal law, and (2) how the jarīmah of carding is regulated according to Islamic legal studies. This research employs a normative juridical method with a conceptual approach, using primary sources such as the Qur’an, Hadith, and classical and contemporary fiqh literature, as well as secondary sources including academic journals and legal regulations. The findings reveal that although carding resembles tadlis (fraud) in substance, it does not fulfill the classical requirements of hudūd due to the absence of physical taking from a protected place (hifz). Therefore, the most appropriate classification is jarīmah ta ʿzīr, where punishment is determined based on judicial discretion, maslahah (public interest), and the protection of property (hifz al-māl) within maqāsid al-syarī‘ah. The study concludes that Islamic criminal law possesses normative flexibility to address modern cybercrimes through the taʿzīr mechanism without departing from its foundational principles.

Keywords: carding; Islamic criminal law; ta’zīr; fiqh jināyah; cybercrime (search for similar items in EconPapers)
Date: 2026
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DOI: 10.55942/pssj.v6i9.2205

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