
Editorial
The Need to Reconsider the Role of Professional and Ethical Principles and Values in Law and Legislation
By: Prof. Badria A. Al-Awadi
Editor-in-Chief
The practical and daily applications of contemporary laws and legislations show immense and increasing problems and dilemmas which are mainly manifested by how legislation and enactment of laws and decisions are made, by methods of implementation and enforcement, and by their results and effects alike. The facts that are taking place on a daily basis in the areas which are directly and indirectly related to local and international laws and legislation, and to those who work on them, reveal an unprecedented decline and regression, with the announcement in many developing countries of rampant corruption in administrative, governmental, educational and teaching bodies, and bribery in parliaments and judicial bodies, as well as old and new announcements of cheating, fraud, and deception in the field of food and basic foodstuffs committed by unscrupulous people without regard for the health and safety of the public, as well as other crimes which eat away at the entity of society and pose a threat to the safety of the community’s buildup and to the future of its children.
The Need to Reconsider the Role of Professional and Ethical Principles and Values in Law and Legislation
Chief-in-Editor Prof. Badria A. Al-Awadi
The practical and daily applications of contemporary laws and legislations show immense and increasing problems and dilemmas which are mainly manifested by how legislation and enactment of laws and decisions are made, by methods of implementation and enforcement, and by their results and effects alike. The facts that are taking place on a daily basis in the areas which are directly and indirectly related to local and international laws and legislation, and to those who work on them, reveal an unprecedented decline and regression, with the announcement in many developing countries of rampant corruption in administrative, governmental, educational and teaching bodies, and bribery in parliaments and judicial bodies, as well as old and new announcements of cheating, fraud, and deception in the field of food and basic foodstuffs committed by unscrupulous people without regard for the health and safety of the public, as well as other crimes which eat away at the entity of society and pose a threat to the safety of the community’s buildup and to the future of its children.
It has been widely believed for a long time that man-made, legal rules are sufficient to regulate and control human societies, since binding rules organize the conduct of individuals in society, and are accompanied by a material penalty to be enacted if these rules are violated. This belief is based on the fact that man-made positive law came after a historical development which benefited from the legal schools that preceded it. It looked like the best formula that mankind had come up with to codify coexistence, and that the laws and legislations that regulate the various aspects of society create systems and institutions that gain strength as they are applied; and that their loopholes are filled and put into practice by executive regulations, administrative decisions, and accumulated legal and jurisprudence rules. This would consecrate the participatory setting of these rules and regulations, and confirm the concept of the rule of law, thus recognizing the public›s supremacy as emanating from it and as beneficial to it in people’s daily life. To this end, some strict positive legal systems aimed to exclude any role for religious, social, intellectual, or cultural systems and values were enacted.
However, this belief in the sufficiency of positive legal rules and the feasibility of the systems that established them and their effectiveness in ensuring the security and prosperity of societies, faced real challenges for a long time, reflected in the large number of crimes of financial and administrative corruption committed by legislators, politicians, administrators, economists, jurists, judges, merchants, doctors, nurses and others in developed and developing countries. Both, in addition to the escalation of violent crimes, murder and brutality committed by individuals, gangs and states alike to fulfil private interests founded on false allegations and false claims. These criminal acts have developed into social phenomena that pose a threat to social security and peace at the local levels, as well as a threat to global peace and security, given that regional and global societies are interconnected units and are influenced by each other.
Many legal and sociological specialists attribute the reasons for the afore-mentioned crimes committed by these officials to weak moral scruples, lack of respect for professional and social values, and the predominance of greed, opportunism, selfishness, and other factors.
In light of this, these challenges faced by the legal systems in our contemporary Arab and Islamic societies, and their apparent shortcomings in addressing the rampant social crimes, call for the need to activate the role of professional and ethical principles and values in all areas, legislative and legal in particular, through committees and councils of professional values in Parliaments, governments and judicial councils first and foremost, because they are actors and influencers, in addition to promoting freedom of expression, media freedom and integrity as basic guarantees for the proper functioning of the authorities and respect for the rule and supremacy of law.
There is also an urgent need to enhance the moral and ethical dimension in the educational and study curricula at various educational levels, and to rehabilitate the institutions of religious upbringing and education. Moreover, we need to activate the role of the various social, professional and media institutions and civil society organizations with regard to the need to reinstate professional and ethical principles and values in their work and in their performance.
In this context, we evoke the following translation of well-known verses composed by the Arab poet Ahmed Shawqi about morals, which deeply confirm the pivotal role of these morals in human societies:
«But nations remain as long as their morals remain.
If their morals disappear, they shall disappear.
Your goodness rests on your morals,
A dose of morals shall regulate the soul.
If people are hit in their morals,
perform a funeral and mourn them.”
Content
Arabic Studies and Research
The Legal Value of the Principle of Confrontation in Disciplinary Proceedings: An Analytical Study within the Kuwaiti Civil Service Law and Comparative Law
Ali Saoud Al Dhafiri
Associate Professor of Public Law
Kuwait International Law School
Sharia Policy and its Applications in the Kuwaiti Personal Status Law
Dr. Ali Suleiman Al Saleh
Faculty Member, Department of Comparative
Jurisprudence and Sharia Policy
College of Sharia and Islamic Studies,
University of Kuwait
Provisions for Vehicle Searches in USA and Kuwaiti Laws: A Comparative Study
Dr. Yousef Hajji Al Mutairi
Associate Professor of Criminal
College of Business Studies, PAAET
State of Kuwait
Ms. Manal Mutlaq Al Mutairi
Legal Researcher, Master of Laws
College of Law, University of Kuwait
Acquisition and its Impact on the Management of the Target Company
Mr. Nayef Ma’ashi Al-Mutairi
Member of the Kuwait Bar Association
Executive Detention Related to Financial Rights for Criminal Matters in the Saudi Law
Dr. Moustafa Mohammad Bitar
Associate Professor of Criminal Law
Faculty of Law, King Abdulaziz University, Jeddah, KSA
Dr. Hesham Muwafak Awad
Assistant Professor of Procedures Civil Law
Faculty of Law, King Abdulaziz University, Jeddah, KSA
Obstacles to Implement Judicial Rulings in the UAE Law
Prof. Sayed Ahmad Mahmoud
Professor of Civil Procedure Law & Arbitration
College of Law, University of Sharjah, UAE
Faculty of Law, Ain Shams University, Egypt
Dr. Mahmoud Ibrahim Fayyad
Associate Professor of Civil Law
College of Law
University of Sharjah, UAE
Change of the Defected Sold-Thing Emerging after Delivery and its Effect on the Option (to avoid) for Defect Under Islamic Jurisprudence and Jordanian Civil Law
Prof. Abdul Majeed Mahmoud Al-Salahin
Professor of Islamic Jurisprudence and its Foundation
School of Sharia, University of Jordan
The Legal Framework to bridge the Digital Gap in the Field of Computer Software Industry: A Comparative Study
Prof. Moayyad Ahmad Obaidat
Professor of Commercial Law
College of Law, Sharjah University, UAE
Dr. Mohammad Morsi
Associate Professor of Commercial Law
College of Law, Sharjah University, UAE
Faculty of Law, Helwan University, Egypt
The Development of the Principle of Legal Security and its Impact on Postponing the Effects of the Annulment Ruling
Prof. Mohammed Fawzi Nouigi
Professor of Public Law
College of Law, University of Qatar
The Nature of Corporates’ Social Responsibility Obligation: An Analytical Legal Study
Dr. Alaa Yaqoub Yousif
Associate Professor of Commercial Law
College of Law, University of Sharjah, UAE
Judicial Separation and Executional Obstacles: An Analytical Study of the Judicial Separation Acts in the Omani Personal Status Law and its Judicial Applications and the Jurisprudential Opinion about it
Dr. Saleh Said Al Mamari
College of Law, University of A’Sharqiyah,
Sultanate of Oman
Problems of Selling Real Estate in Exchange for Maintenance in Jordanian Legislation
Dr. Naieem Ali Otoom
Associate Professor of Civil Law
Faculty of Law, Yarmouk University, Jordan
The Legal and Procedural Guarantees of the Voting Process as in the International Best Practices and its Application in the Jordanian Legislation
Dr. Ali Mohammad Aldabbas
Assistant Professor of Public Law
Faculty of Law, University of Petra, Jordan
Arbitration in Mejella: A Comparative Analytical Study between Arbitration Rules in Islamic Jurisprudence and Positive Law (Qatari, Omani and Kuwaiti)
Dr. Tariq Jumaa Rashed
Associate Professor of Private Law
College of Law, University of Qatar
Mr. Tawfiq Salman Ahwa
Postgraduate Student
College of Law, University of Qatar
English Studies and Research
Analytical View on the Kuwaiti Right of Access to Information Law No. 20 of 2020
Dr. Talal Al Adwani
Assistant Professor of Commercial Law
Kuwait International Law School