Reasoning in Laws and Decisions

One of the most important legal principles that a first-year law student learns is the necessity for laws or administrative decisions to be reasoned and clearly aimed at achieving their objectives, in order to gain legitimacy. Reasoning entails setting out the factual and legal grounds for issuing or amending a law or decision. It serves as a safeguard for individuals, enabling them to understand the reasons behind the government’s decision to enact, amend, or issue administrative regulations. Furthermore, it prevents administrative arbitrariness in the use of legal changes at will. Challenges to such arbitrariness are typically addressed through appeals, recourse to the judiciary, or contacting the competent authorities. Reasoning for decisions or attaching explanatory memoranda to laws is a decisive factor for courts when reviewing and examining the law or decision under scrutiny. It also serves, on the other hand, as a tool to demonstrate the quality of the reasons leading to the issuance of the law or decision.

Our concern with certain laws and government decisions is that they are sometimes issued without reasoning, or the reasoning provided is insufficient, leading to confusion on other occasions. For example, the explanatory memorandum for the Commercial Concealment Law of 2026 was, in my view, inadequate and failed to address the law’s details, leaving many academics and legal practitioners confused about its application. On another note, supervision of charitable societies and endowments was recently transferred from the Ministry of Social Affairs to the Minister of State for Cabinet Affairs. It is worth noting that the Minister of State for Cabinet Affairs oversees major government entities. How can this minister effectively supervise dynamic and active activities such as those of charitable societies, when the Ministry of Social Affairs possesses the expertise and professional capacity for this role? What is the rationale behind this transfer?

Additionally, a decree was recently issued abolishing the Silk City Development Authority, yet the reasons and justifications for this abolition were not clarified in the decree. Among the important steps adopted by the government in 2025 was the establishment of a committee for appeals related to citizenship. However, the committee’s mandate was not renewed, and it ceased receiving appeals without providing any explanation, despite many individuals wishing to submit appeals. Previously, the government replaced many senior officials and members of the boards of directors of government-affiliated entities. Despite the importance of these changes, the government did not clarify why it replaced these officials and boards, nor did it present a vision outlining its perspective on the replacements.

The principle of reasoning for laws and decisions strengthens governance principles such as transparency and accountability. Emphasizing this principle is among the most important roles in enhancing justice and the quality of institutional performance in the state.

Regarding the Arab world and the post-US election period, it is crucial to read and understand the dimensions behind the Democrats’ victory and the reasons for the Republicans’ loss in the recent US elections. The United States, whether we like it or not, is one of the most pivotal countries that directly influences our Gulf and Arab region. Political and administrative shifts in the US have repercussions on our countries and peoples. In light of the outcomes of the recent US elections, we offer several observations.

First, Arab states have a responsibility not to oppose the will of the American people, nor to become parties to the escalating US domestic political conflict expected in the coming period. On the other hand, the Democratic Party, which won the US elections, holds some positions that are negative toward Arab states. The party may be correct in some aspects and mistaken in others, which necessitates a conscious approach to its orientations and avoiding confrontation with it. It is worth noting that both the Republican and Democratic parties have active wings that support the Zionist entity in the region.

It is evident that the Republican Party and the U.S. president’s conduct during the U.S. elections was highly negative toward Islam, Muslims, Arabs, and their diasporas. This situation calls for an Arab and Islamic stance that rejects such practices and actively works within the United States to project a positive image of Muslims and Arabs and to foster reconciliation with these communities. Many Democratic candidates have embraced the Palestinian and Arab narrative regarding the crimes of the Zionist entity and its supporters, and they have opposed the reckless wars waged by the U.S. administration. Although their views may not always align with certain Arab perspectives, they warrant positive engagement and the cultivation of mutual understanding on contentious issues. It is crucial to establish communication and build bridges of familiarity and trust with U.S. political parties through effective means and mechanisms, rather than relying solely on conventional diplomatic channels such as Arab embassies. In the U.S. political arena, more impactful arts and mechanisms exist for influencing decision-making, such as lobbying firms and pressure groups. Dr. Mohammed Hussein Al-Dallal