Journal of college of Law for Legal and Political Sciences

Abstract

The Corona pandemic has caused the disruption of work in departments of the state including educational institutions, as the Coronavirus is spread and transmitted through contact according to the reports of the world health organization. As a result of it, many countries which affected by corona declared a state of emergency, and governments have taken many actions to confront the corona epidemic including imposing curfew and suspension of work in state institutions and disruption of educational freedoms at all levels; universities, schools and kindergartens. In order to ensure the continuation of the education, the ministry of higher education and scientific research has instructed universities to adopt e-learning as a means to complete the curriculum for the current academic year. Indeed, e-learning has been practiced through social media according to orders 2059 of 3/28/2020, and 2022 of 3/29/2020 issued by the Studies and Planning department and research and development department. The ministry has given the choice to universities to select the site that provides communication with the students. It should be noted that the Act of the ministry of higher education No. (40) of 1988 and the regulations relating to education were drawn up in a way that suits traditional or direct education, in addition there is a jurisprudential view believes that electronic education forms a violation of the constitution and the law. This study discusses the legal perspective of e-learning to see whether these regulations are compatible with e-learning.