The Editorial of the Special Issue 2024 of The Legal & Judicial Journal.

Legislative Controls of Information Security: A Comparative Study.

Information security has become one of the major challenges at both regional and international levels, particularly in light of the growing cyber-security threats affecting states, public institutions, governmental and private entities. Information security is more a legal issue than a technical one because it is closely connected with privacy and data security. Therefore, administrative authorities should establish comprehensive legislation governing information security and legal professionals should play a role in designing procedures, training, and cyber-risk assessment mechanisms.

This study examines the legislative controls governing information security through a comparative approach. It focuses on balancing the effectiveness of administrative authorities in maintaining information-space security and information-sharing partnerships while safeguarding individual rights, particularly informational privacy. The study further addresses issues relating to governmental possession of information and databases, as well as the concept of information partnership between the private sector and governmental entities.

Procedural Criminal Protection of Lawyers During the Practice of the Profession: A Comparative Study in Qatari and Egyptian Law.

Considering that advocacy is a free profession whose primary role is to defend the interests of litigants before judicial authorities and accused persons in criminal proceedings, it is appropriate to provide legal and criminal protection that ensures an atmosphere of security, freedom, and privacy for the practice of the legal profession. Lawyers are partners of the judiciary in achieving justice and reinforcing the rule of law.

This study examines the procedural criminal protections granted to lawyers during the practice of their profession under Qatari and Egyptian legislation. It analyzes the legal protection afforded to law offices as repositories of professional and defense secrets, the restrictions on searching lawyers’ offices, and the procedural guarantees available when such searches occur. The study also addresses the protection afforded to lawyers during court sessions, including protection from immediate criminal proceedings related to courtroom offenses and the legality of arresting lawyers while performing their professional duties before the courts.

Cyberbullying phenomenon and legislative trends to combat it criminally

With the emergence of the internet, electronic chat rooms and electronic forums, a new type of bullying crime has begun to spread called bullying, bullying or cyberbullying, and the spread of the internet and its high speed has helped the emergence of websites and programs that help in rapid electronic communication, especially social networking sites such as Facebook, Twitter, Instagram and others From social networking sites and e-mail programs.

Electronic bullying is often a systematic attempt to make another child or teenager feel bad about himself through electronic communication, which usually happens frequently, and includes leaving spam or insulting messages on someone’s Facebook page, tweeting, Instagram or other social media sites, upload inappropriate or embarrassing images, or spread rumors through instant messages, text messages, or via email. Cyberbullying may take place through other methods that we will review through this study, through which humiliation or mockery of children, adolescents, or others is threatened and threatened via the Internet, resulting in victims suffering severe depression, psychological harm, or even suicide.

In view of the increasing prevalence of the phenomenon of electronic bullying among members of society, especially children and adolescents, the multiplicity of its forms, and the seriousness of its implications, it appears the importance of dealing with the study of the phenomenon of electronic bullying by research, and the disclosure of its legal nature, characteristics and types, and how to confront it in the comparative legislation as a serious criminal phenomenon that threatens the security and stability of societies, especially Arab society.

According to a comparative analytical study, the subject of the research paper dealt with the influential role of artificial intelligence on the law, and the potential consequences of this role in some aspects of the European legal system, with an approximation of the reality of the situation on the Qatari legislative system.

The paper presents this role and the mechanism for its regulation, within the framework of the provisions of the European rules in the Civil Code of Robot 2017 on the one part, and some relevant Qatari laws, and the development framework for the Qatar National Vision 2030, on the other part. He reviewed, as much as possible, the position of the Qatari civil legislator regarding these various research points, to show the extent to which the European and Qatari legislative position can be reconciled, and its adoption in the Qatari civil legislation. In its endeavor to provide a research contribution that explains to the Arab reader in general and the Qatari in particular - in light of the insufficient of legal studies on the subject - the limits and nature of this role, the possible implications for it in the European and Qatari legal system, and the proposed perceptions of the nature of the legislative and legal dealings with it.

According to two main parts. The first one deals with the protection of «Artificial intelligence», by protecting the results that this intelligence will reach in various levels. In its tangible form «Robot», and intangible «Algorithms and Software». The second is to protect «Society with its various components» from it. In terms of ensuring that our fundamental rights and liberties are not violated, in addition to defining the nature of legal liability arising from the unlawful use of this intelligence.

The research concluded that there is an apparent legislative deficiency in the nature of the legal treatment of many points raised by artificial intelligence in Qatari civil legislation. Regarding the legal rules for the protection of intellectual property rights, especially those related to the protection of intellectual property rights for artificial intelligence, or in recognition of the legal personality of the sensual form of artificial intelligence represented by the robot.

The research also stressed the need to codify the process of using artificial intelligence to ensure that the artificial intelligence, in its physical form «Robot», and those responsible for it, are respect the fundamental rights and liberties of individuals. On the other hand, the research showed that, in the absence of the cognitive side of artificial intelligence, the main pillar on which the idea of its legal responsibility is based falls, so that the fault remains a human fault with an unconventional concept, which requires the Qatari civil legislator to review the legal rules governing the idea of his legal responsibility.

Accordingly, the research recommended the necessity of creating the use of artificial intelligence by creating a moral work charter that shows the various aspects of work for it, as well as the rights and duties that follow, in order to ensure the re-alignment of various legal texts within the spirit and philosophy of the Qatari legislator and Qatar national vision 2030.

Outputs, the research hoped to see its translation in the near future, through an ambitious legislative plan that addresses various of these aspects within the Qatari society, which confirms that tomorrow will inevitably - God willing - be brighter in understanding the nature and specificity of this special relationship between artificial intelligence and law.

This research paper revolves around the question of the degree to which modern positive law is in agreement with Islamic Fiqh (jurisprudence) on the degree of probability required in judicial proof. To answer this question a descriptive and analytical approach has been followed in observing the Islamic Usul al-Fiqh (principles of jurisprudence) conception of probability and certainty in light of their position in the Usuli conception of the degrees of cognition and probability, as well as observing and analyzing the position of Islamic Fiqh on the degree of probability required in judicial proof in general and in civil, criminal, and family or personal status cases in particular. The paper then observes the positions of both the common law and the civil law schools on this question, analyzing them in light of the Usuli conception of the degrees of cognition, ending with a comparison between the position of these two schools and the Islamic Fiqh, and with the position of Qatari law on this issue. The paper concludes that there exists a similarity between the positions of both modern legal systems and the position of Islamic Fiqh in the degree of probability required in criminal cases, in contrast with a disparity between the common law position on one hand, and the position of both the civil law and Islamic Fiqh on the other hand in civil cases. A degree of ambiguity can also be observed as characterizing theory on this question in the civil law school, including Qatari law, while clarity characterizes theory regarding this question in Islamic Fiqh and common law.