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.
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
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.
Reviews for The Rule of Law, Freedom of Expression and Islamic Law
A thorough study of the Islamic view on freedom of expression, which was mainly missing in the academic discourse, needed to be made. The three authors of the book under review ... have ably undertaken the task of elaborating the Islamic view on this fundamental value through this well researched and argued volume. -- Saad S Khan * The Muslim World Book Review *
