Özet:

Developments in the internet world provide people with the opportunity to benefit from new products and platforms. Metaverse is one of the most important of these platforms. Unlike existing social media platforms, Metaverse offers a new digital world and a new life experience through avatars. In this new world called Second Life, people build a world they dream of according to their desires, different from their physical/real lives. Metaverse provides a digital life center by incorporating almost everything that exists in the real world, such as chatting, video, and photo sharing, as well as education, sports, art, and commerce. People are confronted with different experiences in almost every field with their avatars in this new digital life center. The relationships established between people who want to have these experiences can lead to unwanted consequences such as conflicts of interest, violations of rights, and personal and social unrest. It is an important subject of debate as to which authority to apply for the solution of these problems. Will the legal systems in the real world be sufficient, or will legal rules specific to Metaverse be created? The basic aim of legal systems is to regulate people's relationships with each other and with society, ensure social justice by guaranteeing social peace and welfare, and protect personal rights and freedoms. In the digital life center Metaverse, it is important to determine the basic principles of commercial relationships, the framework of property rights, protection of personal rights and freedoms in commercial and social relationships, prevention of abuses, definition of crimes and penalties, and identification of how the offender will be detected, tried, and punished. It is necessary to determine the framework of crime and punishment concepts in Metaverse for the healthy continuation of the Metaverse world and the protection of individual rights and freedoms. It is essential to punish those who attack property, damage goods and avatars in Metaverse for the continuity of the platform. In Islamic law, various legal regulations have been made in this context, which aims to protect religion, life, property, mind, and offspring. Attacks on these values are punished within the scope of the principle of equivalent punishment for equivalent crimes. It is an important problem howthese regulations, wich are brought to protect personal rights and freedoms and social order in the real world, will be applied to Metaverse. How these regulations, which are brought to protect individual rights and freedoms and social order in the real world, will be applied to Metaverse is an important question. Today, in many parts of the world, it is debated which legal system will provide a solution to the problems encountered in the digital world. In this study, it is attempted to answer within the context of the fundamental principles of Islamic law certain questions such as the violations against the rights and attacking the avatars or digital assets occurring in Metaverse will be evaluated under which type of crime and whether there will be a criminal penalty. When evaluating attacks on products in Metaverse, first the legal nature of these products was first determined. As a result, it was concluded that it would be appropriate to consider digital products that express value among people and are legally as property in the digital world, which will eliminate many problems and meet needs. It was expressed that attacks on digital products evaluated under the scope of property should be punished, just like attacks on goods in the real world. Since there is no physical damage in attacks on avatars in Metaverse, it was concluded that it should be evaluated within the scope of spiritual damage, taking into account the psychological effects, and within the framework of basic principles such as “the harm is compensated” and “there is no harm in giving harm in return”.

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