The rule of law, freedom of expression, and Islamic law / Hossein Esmaeili, Irmgard Marboe and Javaid Rehman.
2017
KBP2470 .E86 2017 (Map It)
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Author
Title
The rule of law, freedom of expression, and Islamic law / Hossein Esmaeili, Irmgard Marboe and Javaid Rehman.
Published
Oxford, UK : Hart Publishing, 2017.
Call Number
KBP2470 .E86 2017
Former Call Number
Islam 908 Es51 2017
ISBN
9781782257462 (hardback ; alkaline paper)
1782257462 (hardback ; alkaline paper)
9781782257509 (ePDF)
9781782257486 (ePub)
1782257462 (hardback ; alkaline paper)
9781782257509 (ePDF)
9781782257486 (ePub)
Description
xxiii, 283 pages ; 24 cm
System Control No.
(OCoLC)954008873
Summary
"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 sructures 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 sysems 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."--Page [i].
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Online version: Esmaeili, Hossein. Rule of law, freedom of expression, and Islamic law. Oxford [UK] ; Portland, Oregon : Hart Publishing, 2017 9781782257486 (DLC) 2017035617
Record Appears in
Gift
Purchased from the income of the Szladits Fund
Added Author
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Szladits Fund
Table of Contents
Foreword / Awn Shawkat Al-Khasawneh
v
Acknowledgements
ix
Table of Cases
xv
Table of Treaties, Instruments and Laws
xvii
pt. I
Introduction
1.
Introduction
3
I.
Opening Comments
3
II.
Scope of the Study
6
III.
Structure of the Book
7
IV.
Methodology and Literature Review
10
pt. II
Conceptualising the Rule of Law
2.
Examining the Meaning and Scope of the Rule of Law
17
I.
Introduction
17
II.
Rule of Law in Western Philosophical Thinking
18
III.
Rule of Law and Non-Western Traditions
25
IV.
Rule of Law and Islamic Law
28
V.
Applicability of the Rule of Law at the Domestic and International Levels
34
VI.
Foundational Principles of the Rule of Law
39
A.
Existence of Legal Rules that are Sufficiently Precise
42
B.
Publicly Promulgated Legal Rules
47
C.
Equal Application
48
D.
Application by Institutions that are Accountable
51
E.
Consistency with Human Rights Standards
53
VII.
Conclusions
57
pt. III
Rule of Law and Comparative Examination
3.
Islamic Law, the Sharia and the Rule of Law
63
I.
Introduction
63
II.
Origins of Islamic Law
64
A.
In Mecca (610--623 AD)
64
B.
In the Medina State (623--633 AD)
65
C.
Righteous Caliphate (633--661 AD)
68
III.
Development of Fiqh
68
IV.
Religion, Fiqh, Sharia and Law
70
A.
Religion (Din)
70
B.
Fiqh
71
C.
Sharia
72
D.
Law
72
V.
Law and Religion
73
A.
Traditional and Classical Approach to Religion and Law
73
B.
Modern Approach to Religion and Law in Islam
75
VI.
Reviving the Sharia in Muslim Countries
78
VII.
Islamic Perspective on the Rule of Law
81
VIII.
Conclusions
83
4.
Rule of Law and International Law
85
I.
Introduction
85
II.
Application of the Rule of Law within International Law and International Organisations
86
III.
Rule of Law and Specific UN Organs
90
IV.
Rule of Law and the Organisation of Islamic Cooperation
92
V.
Independent Commission on Human Rights (IPHRC)
94
VI.
Arab League
103
VII.
Association of Southeast Asian Nations (ASEAN)
105
VIII.
Conclusions
108
pt. IV
Sharia and Islamic Law: Rule of Law and the Application of Freedom of Expression
5.
Islamic Law and Freedom of Expression
113
I.
Introduction
113
II.
Challenges in Modern Muslim State Practices and in Muslim Communities
115
III.
Freedom of Expression in the Quran
120
A.
General Quranic Principles
120
B.
Doctrine of Hisbah
122
IV.
Apostasy and Blasphemy in the Quran
124
V.
Consultation (Shura)
125
VI.
Freedom of Expression in the Sunna
126
VII.
Freedom of Expression in the Fiqh
127
A.
Apostasy and Blasphemy
127
B.
Freedom to Criticise (Hurriyyat Al-Muaradah)
130
C.
Freedom of Expression (Hurriyyat Al-Ray)
131
VIII.
Legal Restrictions on Freedom of Expression
132
IX.
Conclusions
134
6.
Freedom of Expression and Freedom of Religion: Conflict or Convergence?
136
I.
Introduction
136
II.
Nexus between Freedom of Expression and Freedom of Religion
138
III.
Freedom of Expression, Democracy and Government
140
IV.
Challenges and Potential Conflicts with the Right to Freedom of Religion or Belief
143
V.
Boundaries of Freedom of Expression, Freedom of Religion or Belief and Anti-blasphemy Laws
146
VI.
Applicability and Impact of Blasphemy: The Case of Pakistan
150
VII.
Rationale behind Anti-blasphemy Laws
151
VIII.
Natural Justice, Rule of Law and the Crime of Blaspheming
153
IX.
Anti-blasphemy Laws and Religiously Motivated Violence and Intolerance
160
X.
Conclusions
163
7.
Islamic Law, International Dimensions in Freedom of Expression
165
I.
Introduction
165
II.
Freedom of Expression and the Evolution of the OIC
167
III.
Countering and Combating `Defamation of Religions'
170
IV.
Resolution 16/18 and Beyond
176
V.
`Istanbul Process': Limitations and Shortcomings
180
VI.
Rabat Plan of Action
187
VII.
OIC Agenda and the Future of Freedom of Expression
191
VIII.
Conclusions
196
pt. V
Conclusions
8.
Concluding Reflections
201
I.
Future Perspectives on Islamic Law, the Rule of Law and Freedom of Expression
202
II.
International Obligations and the Future Direction of the Right to Freedom of Expression
206
III.
International Human Rights Law and Permissible Limits to Freedom of Expression
207
IV.
Freedom of Expression and Freedom of Religion
209
Appendix I
IPHRC 8th Session: Outcome Document of Thematic Debate on `Freedom of Expression and Hate Speech'
212
Appendix II
OIC Member States Status of Ratification of International Human Rights Treaties
217
Appendix III
Beirut Declaration on `Faith for Rights' (F4R)
228
Appendix IV
Text of the Madina (Medina) Charter
235
Select Bibliography
239
Glossary
251
Index
255