Note: Cyberspace emerged so rapidly and dynamically that there was little time for reflection and discussion to explore proper governance methods. No matter how much dialogue and discussion take place regarding cyberspace governance, new issues and dimensions arise, challenging previous discussions. This makes cyberspace governance a precise, challenging, and time-sensitive matter requiring swift decision-making. Dr. Hujjat al-Islam wal-Muslimeen Majid Mobini Moghaddas is considered a media expert both in his official capacity and as an individual. He is a faculty member of the Faculty of Social Sciences, Communications, and Media at the University of Religions, and his “Roshana” channel on Eitaa has long been one of the few media outlets discussing methodological issues related to Islamic sciences. He identifies one of the main challenges in cyberspace governance as the drafting of laws in this domain based on a minimalist jurisprudential approach, where merely avoiding conflict with Sharia is deemed sufficient for a law’s legitimacy, without striving to align with the approval of the Sharia. The full text of Contemporary Jurisprudence‘s exclusive interview with him on the nature, dimensions, and challenges of the jurisprudence of cyberspace governance follows:

Contemporary Jurisprudence: Are there jurisprudential considerations for implementing laws related to cyberspace?

Mobini: Laws governing cyberspace are generally formulated with a minimalist jurisprudential approach, meaning they focus on avoiding conflict with Sharia. However, whether these laws also fulfill the objectives of the Sharia is typically not considered by lawmakers. In other words, the approach to drafting laws must change, moving toward a maximalist jurisprudential approach. One should not stop at the minimalist level of ensuring no conflict with Sharia but strive to reach the maximalist level of securing Sharia’s approval.

Contemporary Jurisprudence: Can one hope for the regulation of cyberspace with fatwas that impose conditions and details for compliance with governmental laws, not deeming them absolutely obligatory?

Mobini: If a fatwa is so detailed and conditional that it effectively does not obligate the individual to comply with the Islamic government’s laws in the realm of cyberspace, it might be better to engage in dialogue with those jurists and scholars to discuss the consequences and implications of such a fatwa. There have been numerous instances where jurists have revised their fatwas after observing their social consequences, and in the critical domain of cyberspace, given its specialized nature, there may be a need for more dialogue to clarify the issue. Holding scholarly sessions can also play an effective role in elucidating the implications of such fatwas in the context of cyberspace.

Contemporary Jurisprudence: From a jurisprudential perspective, if a law enforcement officer considers a law to be contrary to Sharia or the fatwa of their chosen religious authority, can they refuse to enforce it?

Mobini: The difference between individual-centric jurisprudence and society-centric jurisprudence lies here. In a society-centric jurisprudential approach, a law enforcement officer cannot refuse to enforce a law merely because it contradicts the fatwa of their religious authority, as this would disrupt social order and create challenges for society. However, in individual-centric jurisprudence, I must fulfill my personal duty, and other matters are of no concern!

Contemporary Jurisprudence: From a jurisprudential perspective, what is the ruling on law enforcement officers or government officials failing to comply with cyberspace laws, such as using filtered platforms?

Mobini: Compliance with national laws is emphasized by religious authorities, but some cases may lack clarity in the law or may have multiple dimensions that require case-by-case examination. However, if a law clearly specifies a particular case and requires government officials to exhibit specific behavior in cyberspace, a mistake by an official is not merely a personal error. Due to their official capacity, their mistake becomes a societal error with significant negative consequences for cultural formation. Their behavior can serve as a justification for many people to break laws in all areas. As Saadi said, “If a king eats an apple from the garden of a subject, his slaves will uproot the tree from its roots.”