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All Journal Hasanuddin Law Review Prophetic Law Review
Al-Dafrawi, Ahmad Saad Ahmad
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Critical Legal Reading of World Anti-Doping Agency’s Gene Doping Guidance Al-Dafrawi, Ahmad Saad Ahmad
Hasanuddin Law Review VOLUME 9 ISSUE 3, DECEMBER 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i3.4653

Abstract

The genetic barrier negatively affected competitive athletic performance until the advent of gene therapy and genetic manipulation, which cast doubt on and impacted the legitimacy of sporting events. At that a critical point, the World Anti-Doping Agency (WADA) interfered in such experimentation and application with a serious attempt to curb the problem and set things back on track with the healthiest standards in light of bioethics. However, the major problem that the agency has encountered and which this legal study wants to raise, and address is the legal consequences that result from the lack of a reliable method that provides sufficient evidence and definitive answers to confirm whether cellular and gene doping are occurring or not. This is study aims to demonstrate that the procedures for accusing players of using genetic modification and genetic change techniques are incorrect and insufficient and may be harmful. The suspicion must be interpreted in favour of the accused (i.e., the athlete) in accordance with the general principles of penal codification. However, some of the Agency's procedures are not compatible with the provisions of international treaties, not to mention they conflict with the Punitive legislation of numerous countries.
Critical Legal Reading of World Anti-Doping Agency’s Gene Doping Guidance Al-Dafrawi, Ahmad Saad Ahmad
Hasanuddin Law Review VOLUME 9 ISSUE 3, DECEMBER 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i3.4653

Abstract

The genetic barrier negatively affected competitive athletic performance until the advent of gene therapy and genetic manipulation, which cast doubt on and impacted the legitimacy of sporting events. At that a critical point, the World Anti-Doping Agency (WADA) interfered in such experimentation and application with a serious attempt to curb the problem and set things back on track with the healthiest standards in light of bioethics. However, the major problem that the agency has encountered and which this legal study wants to raise, and address is the legal consequences that result from the lack of a reliable method that provides sufficient evidence and definitive answers to confirm whether cellular and gene doping are occurring or not. This is study aims to demonstrate that the procedures for accusing players of using genetic modification and genetic change techniques are incorrect and insufficient and may be harmful. The suspicion must be interpreted in favour of the accused (i.e., the athlete) in accordance with the general principles of penal codification. However, some of the Agency's procedures are not compatible with the provisions of international treaties, not to mention they conflict with the Punitive legislation of numerous countries.
Reconciling Maṣlaḥah and the Rule of Distinction in the Yemen Conflict AL-Dafrawi, Ahmad Saad Ahmad; Yahya, Muhammad Tahir
Prophetic Law Review Vol. 7 No. 2 December 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol7.iss2.art3

Abstract

The prevailing discourse on armed conflict frequently asserts that the difficulty in safeguarding civilians does not arise from an absence of legal norms. Instead, it reflects the persistent failure of both state and non-state actors to comply with existing regulations, particularly those embedded in International Humanitarian Law (IHL). A closer examination, however, reveals that such non-compliance is often enabled by the strategic exploitation of ambiguities and structural weaknesses within the legal framework itself, regardless of the normative authority or humanitarian values these laws embody. The effectiveness of civilian-protection regimes therefore depends not only on the existence of legal provisions but also on their robust promotion, contextual legitimation, and implementation mechanisms that meaningfully engage and protect the intended beneficiaries. Against this backdrop, the present study conducts an in-depth exploration of the intersection between al-Maṣlaḥah (public interest) and the IHL principle of distinction within the specific context of Yemen’s protracted armed conflict. By adopting a case-study design supported by qualitative analysis of conflict documentation and reports, the research investigates how the synergy between al-Maṣlaḥah and the principle of distinction might inform more responsive and culturally grounded strategies to enhance civilian protection and reduce harm in complex and asymmetrical warfare settings. Drawing on Islamic jurisprudential thought, foundational IHL doctrines, and empirical evidence from Yemen, the study offers nuanced insights into both the structural challenges and latent opportunities for strengthening civilian-protection frameworks. Ultimately, it seeks to contribute to a more integrative and context-sensitive approach to civilian protection in contemporary armed conflicts.
Co-Authors Yahya, Muhammad Tahir