The principle of prioritizing the best interests of juveniles within restorative justice is crucial for their care, rehabilitation, and protection at both family and societal levels. This study examines how the Jordanian Juvenile Law No. 32 of 2014 addresses this principle. Using a descriptive analytical approach, the study explores the nature and characteristics of the best interests of restorative justice, how it is embedded within the law, and the mechanisms for its implementation. The findings indicate that the best interests of restorative justice are recognized as both a fundamental right and a guiding legal principle in the Jordanian Juvenile Law. This principle informs all judicial procedures and stages of legal proceedings involving juveniles, ensuring that their well-being is prioritized in all actions taken by the relevant authorities. By focusing on protection, rehabilitation, and reintegration, the law favors a reformative approach over traditional punitive measures, offering a framework that benefits both juveniles and society at large. The study recommends the inclusion of detailed legal provisions to support the application of restorative justice within the Juvenile Law. Additionally, it highlights the importance of codifying specialized programs and activities specific to juvenile justice and enhancing collaboration in developing restorative justice programs. Further research is encouraged to evaluate the effectiveness of these practices and to identify areas for improvement within the juvenile justice system.

In the Arab world in general, and in many regions of Palestine, a set of tribal and clan customs and traditions prevailed for many decades until they became an integral part of the judicial system in these regions and countries. The study aimed to highlight the issue of the Islamic awakening and its role in refining the tribal judiciary among the Bedouins of southern Palestine and its future in light of the development of globalization concepts. The researcher used the forward-looking analytical approach in his discussion of the topic, based on several personal interviews with notables in the region. The study revealed several results. Among them are that the Islamic awakening refined the tribal judiciary, dressed it in the guise of religion at times, heavily resisted those who violated the Sharia, and supported those that were compatible with the Sharia. However, its impact on it is still weak. The study also showed that globalization plays a destructive role against the tribal judiciary if we do not protect ourselves from it, and a beneficial role for it if we choose well what we need from it without taking everything that it offers as a whole. The study came up with recommendations, including: the need to benefit in the future from openness to the other world through globalization, so that tribe members can communicate with each other and with others, whilst ensuring that people are protected from being affected by the negative culture of others.

The risks of scientific and technical development arise from defects that the state of the product's scientific and technical knowledge did not allow to be discovered at the time the product was put into circulation. This paper discusses the liability for these risks by simplifying the jurisprudential, legislative and judicial content of these risks, and seeks ways and means that can help the judiciary to achieve its noble goals of justice and relief for those affected by these risks. The issue of liability for the risks of scientific and technical development has sparked a great jurisprudential debate, which has had an impact on many comparative legislations, some of which have excluded all products from the scope of liability for these risks, while others have excluded some specific types, such as medicines and food products. The Moroccan Code of Obligations and Contracts makes the risks of scientific and technical development a reason for exemption from civil liability, which means that those affected by these risks, no matter how serious or minor the damage suffered, are not entitled to any compensation. While this legal position may be justified from a practical and economic standpoint, the principles of justice and fairness do not allow for these affected individuals to remain without compensation. The study recommends that the judiciary should play an important role in achieving justice and redress or at least provide relief in cases in which they are exposed to serious damages resulting from the risks of scientific and technical development; there are precedents issued by the Moroccan judiciary that constitute a starting point towards establishing an effective judicial role in compensating the risks of scientific and technical development. The study also recommends the need to create a national fund within the framework of national solidarity and within the principle of equality before public burdens that aims to provide compensation for these risks.

Qiyās (analogical reasoning) is a foundational source and proof from which a jurist derives Islamic legal rulings, alongside the Qur’an, Sunnah, and Ijmāʿ (consensus). This study examines the authority of Qiyās in Islamic jurisprudence and the conditions governing conflicts between textual evidence and analogical reasoning. In particular, the research aims to clarify the concept of conflict between textual evidence and Qiyās, the legitimacy of Qiyās in Islamic jurisprudence, and the conditions under which conflicts between textual evidence and Qiyās arise. To achieve this, the study explores specific topics, including the option of rescinding a sale (khiyār al-majlis), the superior types of sacrificial animals (aḍḥiyyah), nullification of ablution due to laughter during prayer, and the purification of garments from dried seminal fluid. The study concludes that the disagreement among jurists, specifically between the Ḥanafīs and the majority of scholars, does not pertain to the legitimacy of Qiyās itself but rather to its application in particular issues. It further establishes that textual evidence in Islamic law does not inherently conflict, as all evidence ultimately traces back to a unified source. Any apparent conflict is attributable to the jurist’s interpretation. When definitive textual evidence (naṣṣ qaṭʿī) conflicts with Qiyās, the Qiyās is categorically invalid without disagreement. However, if speculative textual evidence (naṣṣ ẓannī), such as solitary narrations (khabar al-wāḥid), conflicts with Qiyās and the rationale (ʿillah) for Qiyās is explicitly stated in definitive evidence, Qiyās should be prioritized over the solitary narration. Conversely, if each invalidates the implications of the other, the majority of Islamic legal theorists uphold the precedence of textual evidence over Qiyās.

Cybercrime has evolved in light of the rapid pace of the electronic revolution that has touched all aspects of life. This progress has not been without its drawbacks, as various financial and banking institutions have been affected by the increase in criminal activities that have exploited the rapid pace of e-commerce and the use of bank cards as a tool for monetary transactions. This paper focuses on the digital hacking crimes that have affected bank cards, which is one of the serious forms of electronic hacking that threatens the security of personal data and banking security according to Moroccan legislation and means of prevention. The study addressed the concepts of cybercrime and digital hacking, and discussed Moroccan legislation related to the offence of bank card hacking, starting with the law on terrorism, Law 03-07 supplementing the Criminal Code and Law 43-20, and legal approaches to this offence. One of the most important findings of the research is that the Moroccan legislator, in order to better protect automated data processing systems, updated its legal arsenal by issuing Law No. 07-03, under which the offence of bank card hacking falls within the scope of the offences of fraudulent access, forgery and information fraud. The problem is manifested in the multiplicity of texts criminalising and punishing this offence and the overlap between them, which makes them all applicable due to their multiple descriptions. Draft Law No. 03. 23, amending and supplementing the Code of Criminal Procedure, addresses many important issues related to this subject. The study recommends strengthening and updating the legal system in accordance with the latest developments and best practices, considering fair trial guarantees. The study also recommends strengthening the technical preventive role and professional training in the competent authorities and updating it regularly to keep abreast of the latest security threats and address them effectively, develop awareness and education campaigns, and strengthen institutional, regional and international cooperation.

The right to image is one of the most important rights that fall within the elements of private life. It has been subjected to serious violations today due to technological development and the wide spread of media and social media, which has prompted various comparative and national legislations to enact criminal and civil penalties related to the violation of this right. This research aims to discuss the criminal penalty for infringement of the right to image and compensation as a civil penalty for infringement in light of Moroccan law, based on an analytical and critical approach to the contents of legal texts and the national experience with foreign counterparts. It was found that the criminal sanction under Law No. 13-103 and the civil sanction under the Press and Publication Code constitute one of the main guarantees adopted by the national experience in order to establish the protection of the right to image by adopting a criminal and punitive policy while trying to reconcile individual rights and freedoms on the one hand and requiring the right of the state to punish on the other hand. By analyzing the contents of the texts regulating it, it is clear that there are still some points that make the protection of this right insufficient. The study recommends that the Moroccan national legislator, as well as comparative legislators, to intervene through legal reviews and amendments within the framework of the criminal code, represented by the draft Code of Criminal Procedure, and within the framework of the Civil Code, by drawing clear parameters of compensation to provide a wider scope of protection.

Economic development in the modern era has led to the emergence of crimes different from traditional crimes that affect the national economy and develop alongside the development of the economic and social life of individuals and societies. This has prompted legislators to enact legal rules regulating these matters. The Moroccan legal system related to trade and business has witnessed a radical transformation over the past decade, represented by the amendment of a set of commercial legal texts and the enactment of new ones, as classical criminal law does not accommodate this number of transformations, especially in the field of business. This study discusses the extent to which the Moroccan legislator has succeeded in controlling business crimes at the level of concept and specificity, and at the level of criminalization and punishment, and the effectiveness of the legal texts included in the criminal law for business in framing and combating business crimes. It aims to approach this topic and suggest possible solutions to address it. It deals with business crimes looking at criminal legitimacy, privacy, and procedures for research and proof in business crimes. The study concluded that the technical characteristics of the business field negatively affected the formulation of criminal rules and texts for business, especially with regard to the use of broad terms that carry many legal meanings. There is duplication in the texts regulating the field of business, as well as duplication in the bodies that carry out legislation, and confusion among Moroccan legislators in formulating legal texts related to the field of business due to combining the Latin and Anglo-Saxon schools. The study recommends the need for the independence of criminal law for business, by creating special provisions within codification independent of the codification of criminal law, the need to limit the arbitrary use of authorization, and the need to reduce the intensity of criminalization in the field of business, by adopting a clear and deliberate policy to limit criminalization, limit punishment, and expand the scope of penalties while being inclusive of all the guarantees prescribed for criminal penalties.

The current research addresses trust contracts in Islamic jurisprudence, focusing on guarding contracts in the Saudi legal system as a model for safeguarding rights and combating violations. The study includes an analysis of the concepts of trust contracts and guarding, highlighting the importance of different types of guarding in people's lives, whether public, private, or related to important figures. The research discusses the applications of the guarding contract within the Saudi legal system, particularly in guarding public facilities and private establishments, with an emphasis on the conditions and pillars of the contract and the responsibilities of its executors. The research findings indicate that guarding has existed in Islamic societies since their inception, and the Saudi legal system has established conditions and instructions to regulate guarding. Based on these findings, the study recommends the necessity of enhancing the balance between responsibilities and rights in guarding contracts, and the development and improvement of related legislations and legal provisions to ensure a safe and transparent environment. Additionally, it suggests strengthening communication between security companies and private establishments to better understand clients’ needs, and encourages practical research and studies to analyze and improve the efficiency of guarding contract implementation in the Saudi context.

This study aims to identify the reasons that justify the state’s use of military force in self-defense according to Islamic Sharia, in comparison with the justifications in contemporary international law. In this study, we have adopted the inductive method by tracing the particulars related to the topic in their sources, the deductive method in extracting rulings from Sharia and legal texts, and the comparative method in comparing the rulings of Sharia with the law. The study concluded that the justifications for war of various types in Islamic Sharia are limited to two cases: legitimate defense and the achievement of justice. This includes self-defense, repelling injustice, supporting the oppressed who are unable to defend themselves, ensuring freedom of belief, ensuring the safe delivery and dissemination of the Islamic message, cooperating with non-Muslims in fighting a common enemy, and repelling aggression against others. In contrast, international public law limits justifications to cases of legitimate defense and Security Council resolutions, and the use of military force is not justified except in the case of an armed attack. The study also concluded that offensive warfare is considered nothing more than preventive defense.