Arab German Journal of Sharia and Law Sciences (AGJSLS)

Criminal Electronic Surveillance, Challenges and Opportunities in Moroccan Legislation: A Comparative Study

Abdelfettah Belhoucine — 2025-06-03

Sanctions involving deprivation of liberty, especially short-term sentences, have shown negative repercussions in reinforcing criminal behavior, as evidenced by numerous field studies. This is particularly the case when dealing with certain offenses or categories of offenders where deprivation of liberty is not necessarily in the best interest of justice. Repeated criticism of such penalties has paved the way for the exploration of more effective punitive systems, taking advantage of technological advancements—one example being the adoption of electronic criminal monitoring.
This study aims to define the concept of electronic criminal monitoring and discuss its theoretical and practical applications using deductive and comparative methodologies. The findings highlight that this system achieves a significant balance between deterrence and rehabilitation, particularly in European legal frameworks. However, it notes that Moroccan legislation has limited its application to only two forms: first, as an alternative to custodial sentences not exceeding five years, and second, as a measure within judicial supervision. This contrasts with other legal systems that have expanded its scope to serve as both a primary punishment and a post-sentence security measure.
Accordingly, the study recommends that Moroccan lawmakers broaden the application of electronic criminal monitoring in line with available financial, human, and logistical resources. It also suggests extending its use to juvenile offenders under judicial supervision and strengthening the safeguards of the system to ensure its compliance with constitutional and legal principles.

The Essential Objectives Behind the Prophet’s Intentions: Preserving Religion as a Model

Mohammad Alhusban — 2025-06-03

Just as the actions and sayings of the Prophet (peace be upon him) reflect legal and ethical objectives, so too do his intentions. He would not seriously consider any matter unless it was something required by Islamic law—unless a revealed text indicated otherwise. Intention is one of the stages that lead to action, which include a passing notion, a fleeting thought, internal reflection, serious consideration, and firm determination.

This study aims to shed light on a lesser-explored aspect of the Prophetic tradition: the matters the Prophet (peace be upon him) seriously considered but did not ultimately carry out. In particular, it focuses on the fundamental objective of preserving religion. The importance of this study lies in the precision required to interpret such intentions correctly, as they can form the basis for legal and ethical reasoning.

The study examines several examples of things he considered doing: burning the houses of those who abandoned congregational prayer; sending out companions on missions; being present on military expeditions; and demolishing the Kaʿbah. These cases are highly sensitive and must be understood strictly within their proper legal and historical context.

Among the key findings is that the Prophet’s intentions refer to matters he seriously considered acting upon but did not carry out due to some preventing factor. These intentions were expressed either verbally or through actions that implied intent. The objectives behind these intentions vary: some serve essential purposes, such as the preservation of religion, life, wealth, intellect, and lineage—where the objectives of preserving religion and life often appear together, and the proper ranking of objectives is observed in cases of competing priorities. Others serve necessary or complementary purposes, which this study recommends for further exploration.

Systematic protection of electronic and digital national identity card in the Kingdom of Saudi Arabia

Ahmad Gouhar — 2025-06-03

In the Kingdom of Saudi Arabia, the National Identity Card (NIC) is an essential element of statutory protection, as it contributes significantly to enhancing security in society. The study discusses the transformations that the Kingdom has witnessed regarding the National Identity Card (NIC). Since there are unlawful uses of this national identity card, or attempts to forge it for any purpose whatsoever, this study came to discuss the relevant regulations, analyse them and search for statutory protection frameworks in them. The study aims to identify the national identity card, means of securing and protecting it, its unlawful uses, and reaching a procedural ruling for its unlawful uses.
The study found that both types of national identity cards are of high value and that their technical protection against any criminal risk is at advanced security levels. The Civil Status Law stipulates that anyone who uses a national identity card that does not belong to him will be penalised, without differentiating whether the card is genuine or forged. It recommends expediting the issuance of the Digital Transactions and Trust System issued as a project since 2020, because its failure to issue it allows the overlapping of systems and leads to confusion and confusion in many provisions for persons authorised by laws to issue judicial and other judgments, in addition to the need to fill some legislative gaps in Article 73 of the Civil Status Law regarding the illegal use of the national identity.