The Director of International Affairs at the Institute for Contemporary Jurisprudential Studies, in an exclusive interview with Contemporary Jurisprudence:

Jurisprudence of Governance in Cyberspace/4

Fundamentally, in countries typically found around the world, that is, countries not governed by Islamic principles, religions and sects do not exert significant influence or impact on governance methods. Consequently, their absence in the governance of cyberspace can also be observed. Nevertheless, some of the diverse and numerous functions addressed in cyberspace governance, particularly in areas related to technocracy and bureaucracy, become intertwined with matters concerning religions. This is especially true in many societies where the presence of religion in the public sphere is more or less significant, even though this presence does not equate to religion’s involvement in the allocation of power or the political structure.

Note: Cyberspace is not solely a challenge for our country or Islamic countries; it engages all nations worldwide. Can we adopt the experiences of other countries in governing cyberspace for our own nation? Does the Islamic nature of our governance hinder such adoption or make it more challenging? Dr. Abdulmajid Moballeghi does not consider the role of religion in governance in non-Islamic countries to be so prominent as to prevent our Islamic country from utilizing their experiences. The Director of International Affairs at the Institute for Contemporary Jurisprudential Studies, who has long been engaged in international activism and observation, believes that the most critical factor in achieving effective cyberspace governance is impactful citizen education.

Contemporary Jurisprudence: What are the requirements and characteristics of success in cyberspace governance?

Moballeghi: Success and optimism in cyberspace governance, as well as confidence in this domain, can be achieved only if several factors are considered in advance. First, there must be reliance on advanced technical infrastructure to shape effective relationships and interactions in cyberspace governance. Additionally, it is necessary to enhance citizen education in a way that ensures the essential literacy for participation in the virtual sphere, as a domain of governance, is widely available in society. Finally, it should not be overlooked that cyberspace governance manifests and finds its place through a significant degree of capacity for expressing opinions and the freedom associated with such capacity.

In some countries, we observe a gradual inclination toward a limited form of quasi-direct democracy based on the evolving capabilities of the virtual sphere and the emergence of a new type of governance founded on these unfolding opportunities. Specifically, in such a context, beyond the indirect representative structure that is currently the common and prevalent mode of governance in the pre-virtual era, we are witnessing a transition toward a form of quasi-direct governance. This means that citizens of a territory, or people within a state and nation, can directly participate in many matters through virtual elections, making decisions themselves rather than delegating their rights to representatives for decision-making within parliamentary frameworks.

Contemporary Jurisprudence: Given that most countries in the world have non-religious governance, is their approach to cyberspace governance fundamentally adoptable for our country?

Moballeghi: It must be stated that a significant portion of the dynamics related to cyberspace governance is fundamentally unrelated to the Islamic or non-Islamic nature of governance in the non-virtual sphere, although connections can be established in certain fields and areas. Specifically, when cyberspace governance is expressed through widespread citizen participation in direct elections within the framework of cyberspace’s capacities to shape desired processes and procedures, one can discuss the relationship between governance in virtual and non-virtual spheres in light of the Islamic or non-Islamic nature of countries. Naturally, in Islamic countries, the possibility of violating Islamic laws due to citizen participation in virtual elections may be subject to scrutiny. However, it is clear that determining the extent to which such an approach persists or holds meaning in a specific country with Islamic governance is primarily tied to the valid constitutional law of that country, rather than solely being a matter of virtual governance.

Fundamentally, in countries typically found around the world, that is, countries not governed by Islamic principles, religions and sects do not exert significant influence or impact on governance methods. Consequently, their absence in the governance of cyberspace can also be observed. Nevertheless, some of the diverse and numerous functions addressed in cyberspace governance, particularly in areas related to technocracy and bureaucracy, become intertwined with matters concerning religions. This is especially true in many societies where the presence of religion in the public sphere is more or less significant, even though this presence does not equate to religion’s involvement in the allocation of power or the political structure. However, when we speak of religious governance, religion, as part of the epistemic system governing public interactions in the virtual sphere designated for governance, assumes aspects of presence and dimensions of social function.

For example, where cyberspace governance involves the validation of ongoing legal processes and procedures, possibilities can be considered that ultimately connect all discussions to religious matters and the authority of those who have specific roles in relation to religious affairs.

Contemporary Jurisprudence: What are the challenges other countries face in cyberspace governance, and what measures have they devised to address these challenges?

Moballeghi: One of the most significant challenges in cyberspace governance is creating a suitable platform for this purpose. However, beyond hardware-related issues, attention must be given to the challenges in the areas of awareness and social culture. Fundamentally, after centuries of living under non-virtual governance systems rooted in classical and tangible interactions, such a transition is difficult.

For citizens to conduct their bureaucratic and technocratic interactions in the virtual sphere under the authority of virtual governance, and for political processes related to power allocation—such as elections and other significant matters—to take place in the virtual realm, it is primarily contingent upon widespread public acceptance. Therefore, to create the conditions leading to such a transformation, citizen education must be prioritized in the first instance.

However, it should not be forgotten that the pace of change in this domain is such that if we neglect or evade such education, a day will come when classical governance becomes fundamentally impossible. At that point, citizens, relying on their unstructured experiences in engaging with the public virtual sphere and based on their individualistic interactions in cyberspace, will enter the realm of virtual governance. In such circumstances, we will face a form of disorder and failure in managing cyberspace governance, which by then will be an unavoidable necessity.

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