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The Rule of Law, Freedom of Expression and Islamic Law

The Rule of Law, Freedom of Expression and Islamic Law

Author: Hossein Esmaeili; Javaid Rehman
Publisher: Hart Publishing
ISBN: 9781782257462

Published In: December 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509937462

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The importance of the rule of law is universally recognised and of fundamental value of 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 the 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.

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"

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