Social development is a source for the legislative process. Accordingly, legal texts are imported from other countries to be implemented in developing societies and newly founded countries. It is sometimes not wise to adopt such an approach in all cases, because the process will repeat itself as long the social movement continues, resulting in continuously changing situations and conditions.
Modern countries may derive from the laws of nations that were founded before them to facilitate various social affairs. However, countries that adopt laws from other nations eventually realise that there are ever-changing issues in society that require new laws in order to issue a just verdict.
The absence of laws makes the judiciary’s work even more difficult as judges resort to the process of judicial discretion, or issue verdicts based on other available laws, which are most closely associated with the case at hand, even though they may not necessarily apply to the case.
An example that stands out in this area is certain events that would occur in GCC countries, including the UAE, during which a journalist would be detained after being summoned by the public prosecution. The journalist is held in the same room where illegal residents, drug users, and individuals involved in violence, are detained.
Regardless of the shared room, and the different charges levied against the others, what stood out was the law that was referred to while trying the accused.
That law, as well as its bylaws, was a criminal one, applicable to thieves and the like. What was strange is that the journalist was detained and kept in custody alongside these suspects. Upon asking the legal authorities concerned about the reasoning behind such procedures, it was revealed that there was no other law for trying the journalist, meaning that there is no press and publishing law.
Credit must be given to the UAE Journalists Association, which made some breakthroughs by providing certain advantages for member journalists, both Emiratis and expatriates. Among these advantages is that a journalist is tried as per laws concerning press and publishing cases. A detention room is designated specifically for journalists and media personnel. A lawyer is also appointed for the journalists in case they are summoned by the public prosecution. Such advantages are considered an achievement, especially when compared to neighbouring Gulf countries.
No legal flaws
The absence of legal texts is surely harmful, as any member of society can be exposed to injustice, something which is very difficult to accept in the modern world. This is why many countries around the world are very keen on ensuring that there are no legal flaws, which could lead to an innocent individual becoming a victim. It is worth noting that all divine laws have preceded implemented laws in forbidding injustice against any individual. In Islam, for example, the Quran states that a man who takes the life of one person unjustly is tantamount to him killing all of mankind, and whoever saves the life of one person, saves the lives of all of mankind.
The key question here is: How does a legal loophole occur in a society, and how does it become a tangible reality? How does one address such an issue?
As the ceiling of freedom rises, the rate of legal flaws decreases, and laws that control human relations and social interactions become available, security and stability will prevail. Freedom of expression allows a person to speak about issues that they are suffering from, or have borne witness to. Fear is the biggest restraint that can be applied to truth, which can only be derived from a person through freedom of expression. Fear is banished from a person only when he is given freedom, which will enable community members to be outspoken about problems that they are suffering from, regardless of the level of danger associated with these issues or problems.
The US Congressional committee, for instance, cannot draft laws without being well aware of the latest issues. The committee is keen on meeting with people, and listening to details regarding unprecedented issues that they are facing or might have witnessed. People are asked questions, which they answer honestly, because they are fully aware that their actions and words might tomorrow be used to shape or prepare a law that protects and ensures the rights of other members of society, and will justly hold those who are found guilty accountable. The law will prevent the reoccurrence of this problem.
People begin to feel more powerful as levels of freedom rise, because they are able to express themselves and speak about their problems or those of others, and write about these issues.
Where there is freedom, the readers’ page in daily newspapers is considered an important source for future legal texts as they inform competent and relevant bodies about problems and ever-changing situations that people are facing. Thus, the authorities verify and investigate these issues to ensure their validity, paving the way for the legislative procedure that benefits the public.
In the Arab world, the readers’ page in daily newspapers is notably one of the most neglected pages. Unlike the West, these pages are placed under the responsibility of the least qualified editors.
— Mohammad Hassan Al Harbi is a writer and journalist.
