Note: Legislation concerning cyberspace has, for several years, become one of the most significant challenges in governance within this domain. On one hand, there are religious individuals who are frustrated with the laxity in this space and demand the enactment of strict laws to curb norm-breakers. On the other hand, some view strict and narrow-minded laws as likely to cause uncontrollable social unrest, making cyberspace even less desirable than its current state. Dr. Sadeq Qadimi, however, believes that legislation in cyberspace has various dimensions that must all be considered. This researcher and cyberspace activist argues that the notion that all jurisprudential propositions should be converted into law is incorrect. He considers both the maximalist and minimalist approaches to jurisprudence to have advantages and shortcomings and believes that each should be applied in appropriate contexts. The full text of the exclusive interview by Contemporary Jurisprudence with this professor and researcher from the Qom Islamic Seminary on cyberspace is as follows:

Contemporary Jurisprudence: What dimensions and requirements does legislation concerning cyberspace entail?

Qadimi: Legislation in cyberspace encompasses various dimensions, including legal, economic, social, security, and international aspects. These dimensions must be thoroughly examined to achieve effective legislation.

• In the legal dimension, legislation must focus on protecting users’ rights, privacy, data security, and intellectual property rights. Additionally, determining the legal responsibilities of users and service providers regarding published content and their activities is essential.
• In the economic dimension, laws should promote fair competition and prevent monopolies and abuses. Supporting digital businesses and encouraging innovation and creativity are also necessary requirements in this domain.
• In the social dimension, legislators must focus on protecting society from the dissemination of harmful content, hate speech, and misinformation, and provide legal mechanisms to address these issues. Additionally, promoting digital culture and responsible and safe use of cyberspace should be prioritized.
• In the security dimension, protecting information technology infrastructure and countering cyber threats are priorities.
• In the international dimension, due to the global nature of cyberspace, international cooperation must be considered in legislation.

The requirements of legislation include transparency, flexibility, accountability, and infrastructure development. Laws must be clear and understandable so that users and institutions are aware of their duties and responsibilities. Flexibility is also essential due to the dynamic nature of cyberspace. Additionally, mechanisms for accountability and legal enforcement of violations must be designed.

Contemporary Jurisprudence: What are some of the challenges of involving jurisprudential knowledge in cyberspace legislation?

Qadimi: There are several challenges in this regard. One challenge is the lack of alignment between jurisprudential knowledge and contemporary realities and the rapid pace of technological advancements. The swift changes in cyberspace can render jurisprudential laws sometimes ineffective or outdated.

Another challenge is the complexity and lack of transparency in laws. The diversity and multiplicity of jurisprudential rulings and differences of opinion in their derivation can lead to confusion and lack of clarity in legislation.

The restriction of individual freedoms is another challenge. Some believe that jurisprudential rulings may conflict with human rights and individual freedoms, leading to unnecessary restrictions.

Operational and practical challenges also exist. Converting jurisprudential rulings into enforceable laws is difficult due to their complexity. Additionally, limitations in ijtihad and lack of flexibility in addressing social changes are other issues.

Contemporary Jurisprudence: Should all jurisprudential propositions concerning cyberspace be converted into laws?

Qadimi: Not all jurisprudential propositions are capable of being converted into law. Many jurisprudential propositions, such as recommended acts (mustahabbat), cannot be turned into laws. Legislation is primarily focused on obligatory and essential propositions, including obligations (wajibat) and prohibitions (muharramat).

The diversity of jurisprudential propositions and the need to align them with contemporary conditions must also be considered. Some propositions may not be suitable for legislation or may lack enforceability. Therefore, it is suggested that only essential and relevant propositions concerning cyberspace, which contribute to improving conditions and protecting users’ rights, be converted into law.

Contemporary Jurisprudence: Should effective legislation in cyberspace be based on maximalist jurisprudence or minimalist jurisprudence?

Qadimi: Maximalist jurisprudence refers to the maximum use of jurisprudential rulings and principles in drafting laws. This approach can incorporate ethical and religious principles into laws and address societal needs. However, it may impose restrictions on innovation and creativity or conflict with human rights.

Minimalist jurisprudence, in contrast, uses only a minimal set of jurisprudential rulings for legislation. This approach offers greater flexibility and creates more space for innovation. However, it may fail to address complex challenges due to insufficient foundations.

Effective legislation can be achieved with either approach, but the choice between the two depends on the conditions, needs, and specific issues at hand. In some cases, a maximalist jurisprudential presence is necessary, while in others, a minimalist presence is sufficient.

Contemporary Jurisprudence: What foundations and presuppositions influence legislation in cyberspace?

Qadimi: Legislation in cyberspace is based on foundations and presuppositions, including the following:

• Legal and Juridical Foundations: Respect for human rights, legal transparency, and enforceability are among these foundations.
• Social and Cultural Foundations: Attention to cultural diversity, protection of social values, and promotion of digital culture are requirements in this domain.
• Economic Foundations: Supporting businesses and regulating the market are among the economic foundations.
• Technical and Technological Foundations: Legislators must consider the rapid pace of technological advancements and draft dynamic and flexible laws. Protecting technological infrastructure is another foundation.
• Ethical and Philosophical Foundations: Attention to ethical principles and balancing freedom and responsibility are among the ethical and philosophical foundations.
• International Foundations: Consideration of international agreements and support for the global rights of users in cyberspace must also be taken into account.

Contemporary Jurisprudence: What should be done to address the challenges and harms of involving jurisprudential knowledge in cyberspace legislation?

Qadimi: To address the challenges and harms of involving jurisprudential knowledge in cyberspace legislation, several solutions can be considered:

1. Developing Dynamic Ijtihad and Jurisprudential Innovation: Dynamic ijtihad and subject-identification research can help address technological advancements.
2. Transparency in Law Drafting: Laws must be clear and transparent and respect human rights.
3. Utilizing Interdisciplinary Consultation: Leveraging various expertise can contribute to drafting effective laws.
4. Attention to Social and Cultural Needs: Aligning with social and cultural realities in drafting laws is essential.

Ultimately, the presence of jurisprudential knowledge in legislation can contribute to creating laws that respect both ethical and religious principles and human rights and individual freedoms. The ultimate goal is to create a healthy society and a virtuous life.

Contemporary Jurisprudence: Are there advantages to involving jurisprudential knowledge in legislation?

Qadimi: Yes, involving jurisprudential knowledge in legislation has advantages. These include emphasizing religious and ethical principles, protecting individual and social rights, and addressing religious and ethical challenges. Additionally, this involvement can contribute to fostering social cohesion and attending to spiritual dimensions. Ultimately, legislation in cyberspace must be conducted in a way that respects both ethical and religious principles and human rights and individual freedoms. I hope these discussions can contribute to drafting effective laws and realizing a healthy society.