نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Objective: This research analyzes the Islamic government's responsibility and legitimacy in intervening in cyber insurance, based on governmental jurisprudence and Imam Khomeini's theory of Absolute Velayat-e Faqih.
Methods: A descriptive-analytical method with library-based data collection from jurisprudential, legal, and cybersecurity risk management sources was employed.
Results: Ensuring cybersecurity is an inherent duty of the Islamic government under "preservation of the Islamic system." Cyber risks were classified into four categories (technical, security, legal-regulatory, reputational), and their insurability was analyzed. Digital assets' legal personality was established based on Imam Khomeini and Shahid Sadr's opinions. Cyber insurance's legitimacy as an independent contract was affirmed using Imam Khomeini's theory, Quranic evidence, and narrative evidence. Five jurisprudential challenges were addressed: ransomware payment, compensation for lost profits, liability for AI errors, policy overlap in cyber-physical attacks, and insurer subrogation when the hacker is unknown. Government intervention's legitimacy was substantiated across four dimensions: expediency, security-defense, economic, and social. A comparative study indicated a combined model including gradual mandatory coverage for vital sectors, a dual conventional/Takaful model, technical risk assessment standards, and a government guarantee fund suits Iran.
Conclusions: Relying on Absolute Velayat-e Faqih, the Islamic government is obligated to adopt an active, multi-level approach (legislation, regulation, supervision, empowerment) to organize cyber insurance. Imami jurisprudence can respond to emerging issues through dynamic ijtihad.
کلیدواژهها English