Examining new examples of Moharebeh in the jurisprudence of the Khamsa religions with an emphasis on the virtual space and its adaptation to the subject laws of Iran

Moharebeh is one of the crimes mentioned in Iranian jurisprudence and law, and according to jurisprudence, it has conditions such as being a non-Islamic country, being outside the city, being a Muslim, which are mentioned in Islamic jurisprudence, but on the other hand, The formation of virtual space in today’s society, which has replaced the real space in many cases and even its impact is more than the real space, the question that arises is whether crimes such as threatening to bomb and disrupting security through virtual space It can be considered as one of the recent examples of moharebeh. Or not? In order to investigate these cases, it is necessary to go to Islamic jurisprudence among the five schools of thought and examine the conditions and elements of war, such as promoting weapons and disrupting security. Until now, there is no research with this view on foreign jurisprudence and Iranian law, so it is necessary to investigate this issue. The result is that the promotion of weapons in cyberspace by the combatant himself or on his orders causes insecurity and fear. and the threat of bombing in the cyber space, which is by showing the bomb by the combatant himself or by his order, and causes public insecurity and fear. and publishing images of bandits with weapons by the bandit himself or by his order, which causes public insecurity and fear. One of the new examples is the emergence of moharebeh in cyberspace, but cases such as banditry in cyberspace and threats to security, as they do not have the element of promoting weapons, are not examples of moharebeh in Iranian law.