Strategy against cyber attacks against computer systems that provide essential services in the Islamic Penal Code adopted in 2013

Cyber attacks against computer systems that provide essential services are subject to Article 739 of the Islamic Penal Code (Article 11 of the Computer Crimes Law). According to the article, the committed is sentenced to only three to ten years of imprisonment; While the occurrence of Cyberattacks against computer systems that provide essential services such as medical services, water, electricity, gas, telecommunications, transportation, etc., endanger security, comfort, and public safety. Therefore, only the legislator's confinement to determine the discretionary punishment and the non-determination of the hudud punishment for it is criticizable. For this purpose, based on a library and descriptive-analytical method, and reviewing the jurisprudential principles and legal conditions of the two hudud titles "Moharebeh" and "Corruption on earth", the present study tries to analyze and evaluate the possibility of extending Article 279 of the Islamic Penal Code (Moharebeh) And Article 286 of the Islamic Penal Code (Corruption on earth) to cyberattacks against computer systems subject to Article 739 of the Islamic Penal Code to determine which of the two hudud mentioned In the Islamic Penal Code, the committed be punished. Finally, this article concludes that immaterial and intangible cyber weapons cannot be extended to what famous jurists and legislators have taken from the word weapon, hence the title "Moharebeh" cannot be extended to cyber attacks, but the title "Corruption on earth" can be extended according to the conditions stipulated in the Islamic Penal Code.