Chief-in-Editor Prof. Badria A. Al-Awadi
Despite the fact that all branches of law form an interactive and dynamic organizational tool that is constantly evolving, most traditional legal journals include long and detailed theoretic legal research which often does not reflect social facts, cases and challenges, lowers the reading rate of these journals and limits their effect, whether inside or outside schools and universities.
This is the case of most Arabic academic legal periodicals that are not only confined by the circumstances in their different countries but also by the traditional vision of their editors and the people in charge.
Kuwait International Law School Journal has endeavored since its first issue to provide a new experience in the field through shedding light on the legal cases and challenges and attracting distinguished scientific research papers whose authors made a tremendous effort to suggest legal solutions for current issues. The Journal is looking forward to a further cooperation with researchers and serious activation of the current social needs and tools in all the areas that require legal and organizational inputs and opinions.
In this context, Kuwait International Law School Journal offers in its twelfth edition new academic legal research for one of the most eminent faculty members in the School, the Islamic economic thinker Professor AbdelHamid Al Baali included in his paper entitled “Towards an Islamic indicator for transactions in the financial and monetary market as a substitute for the Riba interest indicator”. This paper suggests new theories regarding an indicator to measure the performance of financial and banking institutions based on seventeen innovative foundations, and fourteen specific frameworks for its establishment in addition to the main doctrinal principles that is based upon, which would lead to several objectives such as preserving funds and resources under all circumstances and guaranteeing the highest level of financial and economic competency.
Moreover the current issue includes a research for Professor Abdellatif Ismail entitled “Overview and analysis of the recent challenges to the right to privacy resulting of the digital revolution and the evolution of communications and internet”. This paper tackles the challenges faced by human rights and States’ sovereignty caused by the fast technical evolution, and suggests some means to provide a balanced legal framework through regional and international experiences in the field.
On the other hand the new issue includes a research for Doctor Hesham AlSaleh on the “Equality in public employment- practical study” where this principle is studied in the Sate of Kuwait as one of the general principles of the law relating to employment in the public sector.
The paper defines such concept and its constitutional and legal basis and concludes that no distinction should be made between those who are applying for public employment on the basis of politics, religion or sex, for this would be incompatible with the constitution and international standards. The paper attempts to assess the reality of employment in ministries and public departments and institutions in Kuwait, and the legislator’s effort to set up accurate basis that guarantee the right of individuals for public employment according to the principle of equality. The issue includes as well a research for Doctor Weam AlMasri on the “Public criminal case in the State of Kuwait” where she explains the nature and procedures of criminal cases and the relevant updates accompanied with necessary legal requirements.