Note: It can be said that those involved in legislative or policymaking institutions often complain about the lack of attention to policies and laws by executive officials. This grievance also applies to cyberspace, where lawmakers and policymakers attribute the failure of proper cyberspace governance to the executors of laws and policies. But how should the implementation of laws and policies in cyberspace be monitored? Dr. Ramazanali Bazrafshan, a faculty member of the Scientific Association of Media and Propagation at Islamic Seminaries, considers one of the most important approaches to be the emphasis on enacting laws and policies that use quantitative and non-qualitative terms, which makes oversight of their implementation more precise and easier. The full text of Contemporary Jurisprudence‘s exclusive interview with this researcher and media activist is as follows:

Contemporary Jurisprudence: Does Islamic jurisprudence offer specific recommendations or propositions regarding the oversight of the implementation of laws and policies in cyberspace?

Bazrafshan: Islamic jurisprudence, as a comprehensive system addressing all aspects of human life, certainly provides specific recommendations and propositions regarding the oversight of the implementation of laws and policies in cyberspace. These recommendations are grounded in general jurisprudential principles such as enjoining good and forbidding evil, preserving public interest, and preventing harm.

For example, Islamic jurisprudence emphasizes the need to prevent the dissemination of harmful content, such as material contrary to ethics, promoting violence, or spreading misinformation. Oversight of content published in cyberspace can be conducted through various mechanisms, such as filtering, user-reported violations, and monitoring online platforms.

Additionally, Islamic jurisprudence stresses the importance of adhering to Islamic ethics and manners in cyberspace. Oversight of user behavior can be achieved through education and awareness-raising, as well as applying appropriate penalties for violations.

Moreover, Islamic jurisprudence underscores the accountability of online platforms for the content published and user behavior. Oversight of platforms can be implemented by requiring them to comply with laws and regulations and establishing transparent mechanisms for addressing user complaints.

Finally, Islamic jurisprudence emphasizes the importance of public participation in overseeing the implementation of laws and policies in cyberspace. This participation can take the form of providing feedback and suggestions, reporting violations, and contributing to the formulation of laws and regulations.

The system of topics and issues related to jurisprudential recommendations and propositions for overseeing the implementation of laws and policies in cyberspace includes:

1. Oversight of Published Content: Preventing the dissemination of harmful content (contrary to ethics, promoting violence, misinformation), oversight mechanisms (filtering, violation reporting, platform monitoring).
2. Oversight of User Behavior: Adherence to Islamic ethics and manners in cyberspace, oversight mechanisms (education, awareness-raising, penalties).
3. Oversight of Online Platforms: Platform accountability for content and user behavior, oversight mechanisms (compliance with laws, addressing complaints).
4. Oversight of Privacy Protection: Safeguarding personal data, oversight mechanisms (laws and regulations, monitoring of tech companies).
5. Oversight of Online Transactions: Adherence to Islamic principles in online transactions, oversight mechanisms (laws and regulations, monitoring of e-commerce platforms).
6. Public Participation in Oversight: Providing feedback and suggestions, reporting violations, contributing to the formulation of laws and regulations.
7. Related General Jurisprudential Principles: Enjoining good and forbidding evil, preserving public interest, preventing harm.
8. Other Matters: Freedom of expression, user rights, accountability in cyberspace, including the accountability of AI bots or AI platforms.

Contemporary Jurisprudence: What are the most significant jurisprudential issues regarding the oversight of the implementation of laws and policies in cyberspace?

Bazrafshan: Shiite Islamic jurisprudence, based on its comprehensive principles and rules, addresses numerous issues related to the oversight of the implementation of laws and policies in cyberspace.

One of the most important issues is the principle of enjoining good and forbidding evil. This fundamental jurisprudential principle places the responsibility of collective oversight on believers. In cyberspace, this principle can be applied in various ways, such as reporting content contrary to Sharia or law, admonishing and guiding offending users, and participating in the formulation and implementation of relevant laws and policies.

Preserving public interest is another significant jurisprudential issue in this regard. Shiite jurisprudence considers preserving public interest one of the primary duties of the Islamic ruler. In cyberspace, this principle can justify government oversight of this space. Issues such as maintaining cybersecurity, preventing the dissemination of false and harmful information, and protecting individuals’ privacy are among the public interests that must be addressed in cyberspace.

Preventing harm is another key jurisprudential issue. Shiite jurisprudence views preventing harm as a critical duty of the Islamic ruler. In cyberspace, this principle can justify oversight of published content and user activities. Issues such as promoting violence, spreading immorality, and child exploitation are harms that must be prevented in cyberspace.

Privacy is another significant jurisprudential issue. Shiite jurisprudence respects individuals’ privacy. In cyberspace, this principle can lead to limiting unnecessary oversight and protecting users’ personal data.

Justice and fairness are also important jurisprudential issues in this regard. Shiite jurisprudence emphasizes the necessity of upholding justice and fairness in all matters. In cyberspace, this principle can justify impartial and non-discriminatory oversight of the implementation of laws and policies.

Intellectual property rights are another key jurisprudential issue. Shiite jurisprudence recognizes intellectual property rights. In cyberspace, this principle can justify protecting artistic, literary, and scientific works from unauthorized copying.

Some specific sub-issues related to the above topics include:

1. Enjoining Good and Forbidding Evil: Defining instances of good and evil in cyberspace, methods of applying this principle without violating others’ rights, responsibilities of individuals, groups, and the government in this regard.
2. Preserving Public Interest: Defining the scope and boundaries of public interest in cyberspace, balancing public interest and individual rights, the government’s role in preserving public interest in cyberspace.
3. Preventing Harm: Defining instances of harm in cyberspace, preventing harm without violating freedom of expression, the role of various institutions in preventing harm.
4. Privacy: Defining the boundaries of privacy in cyberspace, balancing privacy and public interest, protecting users’ personal data.
5. Justice and Fairness: Impartial and non-discriminatory oversight of law implementation, equal access to information and opportunities in cyberspace, compensating damages incurred by individuals in cyberspace.
6. Intellectual Property Rights: Defining instances of intellectual property rights in cyberspace, protecting artistic, literary, and scientific works from unauthorized copying, balancing intellectual property rights and freedom of information.

Contemporary Jurisprudence: In overseeing the implementation of laws and policies, can decisions be based on expediency, or should they strictly adhere to the law?

Bazrafshan: In Shiite jurisprudence, the discussion of the relationship between expediency and law is complex and multifaceted. In summary, it can be said that, under normal circumstances, the principle is to adhere to divine and legal rulings. Jurists emphasize the necessity of complying with divine rulings and approved laws. The law provides a clear and codified framework that prevents chaos and the application of personal biases.

However, Shiite jurisprudence also considers the principle of expediency as significant. In specific circumstances, implementing a law may lead to greater harm. In such cases, the Islamic ruler can make a different decision based on public interest, provided that expediency does not conflict with the general principles of Sharia or the constitution.

Among Shiite jurists, there are differences of opinion regarding the scope and limits of applying expediency. Some jurists view its scope as more limited, while others consider it broader. The application of expediency must be under strict oversight and in accordance with Sharia and legal standards to prevent misuse.

In the realm of cyberspace, this discussion is also relevant. Given the dynamic and complex nature of this space, merely implementing existing laws may not always suffice, and applying expediency may be necessary in some cases. However, this application must adhere to Sharia and legal principles and consider users’ rights.

Contemporary Jurisprudence: Does the presence of qualitative and non-quantitative terms such as “expediency,” “justice,” and “proper implementation” lead to subjective oversight? What solutions exist to quantify these terms, and which institution (jurisprudential or non-jurisprudential) should undertake this task?

Bazrafshan: Yes, the presence of qualitative and non-quantitative terms such as “expediency,” “justice,” “proper implementation,” and similar expressions can pave the way for personal biases in the oversight process. To mitigate this risk and move toward more precise and objective oversight, measures such as developing quantitative indicators, establishing transparent and accountable mechanisms, and fostering collaboration between jurisprudential and non-jurisprudential institutions can be considered.

For example, for the concept of “justice” in cyberspace, indicators such as “equal access to information,” “consistent handling of violations,” and “user satisfaction with complaint resolution processes” can be defined.

Additionally, collecting and analyzing data related to user activities, published content, and platform performance can provide a more accurate picture of the state of cyberspace and measure the extent to which oversight objectives are achieved.

Utilizing modern technologies such as artificial intelligence and data analysis can also play an effective role in identifying patterns, assessing compliance with laws and regulations, and providing accurate and evidence-based reports.

Ultimately, constructive collaboration between jurisprudential and legal institutions is essential for achieving comprehensive and efficient oversight. Jurisprudential institutions can contribute by providing ethical frameworks and Islamic values to define quantitative indicators and oversight criteria. Legal and specialized institutions, such as experts in law, computer science, and social sciences, can play a role in developing quantitative indicators, designing oversight mechanisms, and evaluating the performance of the oversight system.

System of Topics and Issues Related to the Terms “Expediency,” “Justice,” and “Proper Implementation” in Cyberspace

Given the importance of the three concepts of “expediency,” “justice,” and “proper implementation” in cyberspace governance and oversight, some related topics include:

1. Expediency:
   • Topics: Defining and conceptualizing expediency in cyberspace, types of interests related to cyberspace (e.g., national security, privacy protection, economic development), conflicts between different interests and how to prioritize them, the role of expediency in interpreting and implementing laws and policies, limitations on applying expediency to prevent misuse.
   • Issues: Is filtering certain websites due to national security threats compatible with public interest? Is collecting and analyzing user data by tech companies justifiable for economic development? How can a balance be struck between the interest of privacy protection and combating cybercrimes?
2. Justice:
   • Topics: Defining and conceptualizing justice in cyberspace, dimensions of justice in cyberspace (e.g., equitable access, fair distribution of opportunities, impartial treatment of users), the role of justice in designing and implementing laws and policies, the role of oversight institutions in achieving justice.
   • Issues: Do all individuals have equal access to the internet and digital services? Do AI algorithms operate without bias and fairly? How can users’ rights be protected against large tech companies?
3. Proper Implementation:
   • Topics: Criteria for proper implementation in cyberspace (e.g., transparency, accountability, efficiency), the role of oversight institutions in evaluating proper implementation, strategies for improving proper implementation in laws and policies.
   • Issues: Are cyberspace laws and policies being implemented correctly? Are oversight institutions fulfilling their duties properly? How can corruption and misuse in cyberspace be prevented?