The Rule of Law, Freedom of Expression and Islamic Law

This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.

The importance of the rule of law is universally recognised and of fundamental value for most societies. Establishing and promoting the rule of law in the Muslim world, particularly in the Middle East, North Africa, and Central Asia, has become a pressing but complicated issue. These states have Muslim majority populations, and the religion of Islam has an important role in the traditional structures of their societies. While the Muslim world is taking gradual steps towards the establishment of rule of law systems, most Muslim majority countries may not yet have effective legal systems with independent judiciaries, which would allow the state and institutions to be controlled by an effective rule of law system.

One important aspect of the rule of law is freedom of expression. Given the sensitivity of Muslim societies in relation to their sacred beliefs, freedom of expression, as an international human rights issue, has raised some controversial cases. This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.

About the Authors

Hossein Esmaeili is Associate Professor of Law at Flinders University, Australia.

Irmgard Marboe is Associate Professor of International Law at the University of Vienna, Austria.

Javaid Rehman is Professor of Islamic Law, Muslim Constitutionalism and Human Rights Law at Brunel University, United Kingdom.

Table of Contents

Part I: Introduction
1. Introduction
I. Opening Comments
II. Scope of the Study
III. Structure of the Book
IV. Methodology and Literature Review
Part II: Conceptualising the Rule of Law
2. Examining the Meaning and Scope of the Rule of Law
I. Introduction
II. The Rule of Law in Western Philosophical Thinking
III. Rule of Law and Non-Western Traditions
IV. Rule of Law and Islamic Law
V. Applicability of the Rule of Law at the Domestic and International Levels
VI. Foundational Principles of the Rule of Law
VII. Conclusions
Part III: Rule of Law and Comparative Examination
3. Islamic Law, the Sharia and the Rule of Law
I. Introduction
II. Origins of Islamic Law
III. Development of Fiqh
IV. Religion, Fiqh, Sharia and Law
V. Law and Religion
VI. Reviving the Sharia in Muslim Countries
VII. An Islamic Perspective on the Rule of Law
VIII. Conclusions
4. The Rule of Law and International Law
I. Introduction
II. Application of the Rule of Law within International Law and International Organisations
III. Rule of Law and Specific UN Organs
IV. Rule of Law and the Organisation of Islamic Cooperation
V. The Independent Commission on Human Rights (IPHRC)
VI. The Arab League
VII. The Association of Southeast Asian Nations (ASEAN)
VIII. Conclusions
Part IV: The Sharia and Islamic Law: Rule of Law and the Application of Freedom of Expression
5. Islamic Law and Freedom of Expression
I. Introduction
II. Challenges in Modern Muslim State Practices and in Muslim Communities
III. Freedom of Expression in the Quran
IV. Apostasy and Blasphemy in the Quran
V. Consultation (Shura)
VI. Freedom of Expression in the Sunna
VII. Freedom of Expression in the Fiqh
VIII. Legal Restrictions on Freedom of Expression
IX. Conclusions
6. Freedom of Expression and Freedom of Religion: Conflict or Convergence?
I. Introduction
II. The Nexus between Freedom of Expression and Freedom of Religion
III. Freedom of Expression, Democracy and Government
IV. Challenges and Potential Conflicts with the Right to Freedom of Religion or Belief
V. The Boundaries of Freedom of Expression, Freedom of Religion or Belief and Anti-blasphemy Laws
VI. Applicability and Impact of Blasphemy: The Case of Pakistan
VII. Rationale behind Anti-blasphemy Laws
VIII. Natural Justice, Rule of Law and the Crime of Blaspheming
IX. Anti-blasphemy Laws and Religiously Motivated Violence and Intolerance
X. Conclusions
7. Islamic Law, International Dimensions in Freedom of Expression
I. Introduction
II. Freedom of Expression and the Evolution of the OIC
III. Countering and Combating ‘Defamation of Religions’
IV. Resolution 16/18 and Beyond
V. The ‘Istanbul Process’: Limitations and Shortcomings
VI. Rabat Plan of Action
VII. OIC Agenda and the Future of Freedom of Expression
VIII. Conclusions
Part V: Conclusions
8. Concluding Reflections
I. Future Perspectives on Islamic Law, the Rule of Law and Freedom of Expression
II. International Obligations and the Future Direction of the Right to Freedom of Expression
III. International Human Rights Law and Permissible Limits to Freedom of Expression
IV. Freedom of Expression and Freedom of Religion

Bibliographic Information

Title: The Rule of Law, Freedom of Expression and Islamic Law

Author (s): Hossein Esmaeili, Irmgard Marboe & Javaid Rehman

Publisher: ‎ ‎ ‎ Hart Publishing

Length: 312 Pages

ISBN:‎ 9781509937462

Pub. Date:  30 Apr 2020

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